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FLOOD MITIGATION ASSISTANCE PROJECT AGREEMENT nLt FLOOD MITIGATION ASSISTANCE PROJECT AGREEMENT THIS FLOOD MITIGATION ASSISTANCE PROJECT AGREEMENT, (the "Agreement") is entered into by and between the City of Clearwater, Florida (hereinafter referred to as the "City"), and Mark Smith and Charlene Smith, the property owners at 701 Bay Espalande, Clearwater, Florida 33767, (hereinafter referred to as the "Recipient"). WHEREAS, the United States Congress, through an appropriation to the Federal Emergency Management Agency (FEMA), has made available to the City, Flood Mitigation Assistance (FMA) funds for flood mitigation projects; and WHEREAS, the goals of the FMA program include assisting States and communities in implementing flood mitigation projects to reduce the risk of flood damage to National Flood Insurance Program insurable structures; and WHEREAS, the City, on behalf of the Recipient, has applied for and has had approved, FMA program funds (herein "Program Funds"); and WHEREAS, the Recipient represents that they possess the requisite skills, knowledge, financial capability and experience to perform the flood mitigation Project and other activities as provided herein; now therefore; FOR and in consideration of the mutual promises and covenants made and agreed to be kept herein, the City and the Recipient do mutually agree as follows: (1) SCOPE OF WORK REPRESENTATION AND WARRANTIES The Recipient shall fully perform the flood mitigation Project attached hereto as Attachment A (herein the "Project"), in accordance with the approved scope(s) of work indicated .therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved Project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, including but not limited to those noted in Attachments B, C and D. Recipient represents and warrants that the structure proposed for assistance from this Agreement is currently covered by a flood insurance policy, and shall remain so insured as a condition of receipt of this assistance. Recipient further represents and warrants that the scope of work for structures receiving assistance under this Agreement is categorically excluded from National Environmental Policy Act (NEPA) requirements according to 44 CFR part 10. Recipient represents and Iv warrants that the proposed Project described in Attachment A is/are cost effective, i.e. costs no more than the anticipated net present value of the reduction in both direct damages. and subsequent negative impacts to the area if future floods were to occur. Recipient agrees to use design and construction methods and materials that are approved, codified, recognized, fall under standard or acceptable level of practice, or otherwise are determined to be generally acceptable by the design and construction industry. In performing the Scope of Work Recipient agrees to ensure performance of all activities described in the Attachment A, to the satisfaction of the City. (2) FUNDING This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for FMA eligible costs incurred in the satisfactory performance of work required to complete the Project. The City shall provide FMA funds to Recipient for reimbursement of up to $62.546.00 or seventy-five percent (75%) in allowable costs, whichever is less, which Recipient will match from non-federal sources with $20.848.00 or twenty-five percent (25%) of allowable costs, whichever is less, for payment of expenditures and costs incurred in performing the Project identified in Attachment A. Cash match from non- federal sources may include: (1) Recipient's cash funds provided to contractors and consultants to carry out approved mitigation activities; and (2) cash funds provided by any non-federal source. Allowable costs shall be determined in accordance with OMB Circular A-87, 44 Code of Federal Regulations CFR) Part 78,44 CFR Part 13, and other applicable Flood Mitigation Assistance Program guidance. The reimbursement payment shall be provided subsequent to: (1) satisfactory completion of the Project; (2) submittal of required receipts for labor and materials to complete work as described in Attachment A; and (3) receipt of payment by the City of Clearwater of Program Funds sufficient to fund all reimbursement projects in which the City is participating from the State of Florida, Department of Community Affairs. If, for any reason, the City does not receive sufficient funds from such federal or State sources to fund the reimbursement contemplated herein, in whole, or in part, the City shall be obligated to the Recipient only for the Recipient's pro rata share of allowable funds. 2 tv The final payment of funds will be made only after Project completion, including passing of all state and local inspections, submission of all required documentation, and a request for final payment. Payment and retention of all funding under this Agreement is subject to a final review by FEMA and/or the City to confirm eligible and ineligible expenses. In the event that this final review identifies payments for ineligible expenses, the Recipient shall be determined in non-compliance with this Agreement and funds shall be repaid or recaptured. In recognition that Recipient will have and receive full value and benefit from the Project, Recipient waives any claim whatsoever to Project Funds not received by the City from other funding sources for any reason including failure of the City to comply with program requirements, non-appropriation or any other reason irrespective of the City's fault or negligence. The amount of funding available for FMA activities is limited by the National Flood Insurance Reform Act, 42 USC 4104c. The funding provided under this Agreement shall be considered in evaluating eligibility for future FMA funding awards. Funds may be recaptured from Recipient by the City or the Federal Emergency Management Agency (FEMA) in the event of non-compliance with the terms and conditions of this Agreement. Recipient consents and agrees that in the event of a final determination of non-compliance, Recipient shall immediately remit repayment of the ineligible expenses to the City. In the alternative, any other funds due and payable to Recipient from either FEMA or the City may be retained by the City or FEMA for purposes of recapture. Recapture may result from any non-compliance, including but not limited to: (1) failure to provide any required matching funds; (2) failure to complete the Project within the required time-frames; or failure to complete the Project in accordance with applicable provisions of this Agreement, FEMA regulations, or other applicable law or guidance. Any Recipient who has had funds recaptured under FMA shall be ineligible for future funding for a period of five (5) years from the date the funds were withdrawn. The Coastal Barrier Resources Act (COBRA) significantly limits the availability of Federal assistance in areas designated within the Coastal Barrier Resource System. Recipient represents and warrants that no funds from this Agreement will be utilized for activities in a COBRA designated unit. 3 Iw INCORPORATION OF LAW. RULES. REGULATIONS AND POLICIES Both the Recipient and the City shall be governed by applicable State and Federal laws, rules, regulations and agreements, including but not limited to those identified Attachments B, C, and D. ,,-- PERIOD OF AGREEMENT 1 ; This Agreement shall begin oni~/?:~and shall end , September 12, 2001, unless terminated earlier in accordance with the provisions of paragraphs (7) or (11) of this Agreement and unless extended pursuant to the City's Flood And Mitigation Assistance Project Agreement with the Florida Department of Community Affairs, Contract No. OO-FM-J 1-08-62-15-011. (5) MODIFICATION OF CONTACT Either party may request modification of the provIsions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (6) RECORD KEEPING, PROCUREMENT AND PROPERTY MANAGEMENT (a) All- original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report by the City, whichever is later, with the following exception: If any litigation, claim or audit is started before the expiration of the three- year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. (b) All records, including supporting documentation of all program costs, shall be 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. Recipient agrees to implement and maintain a record keeping and financial management system sufficient to meet Federal Emergency Management Agency (FEMA) and State of Florida financial reporting requirements and to document that FMA funds have been used in accordance with applicable law, The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its (4) (c) Iv (3) 4 records at reasonable times to the City, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the City. (d) Recipient shall comply with all terms and conditions established in 44 CFR 13.36, and pertinent state and local laws regarding the procurement of services, equipment and supplies. Recipient shall also comply with the standards governing property management established in 44 CFR Part 13. (7) REPORTS (a) The Recipient shall provide monthly Project progress reports to the City. The City may require additional reports as needed. The Recipient shall, as soon as possible, provide any additional reports requested by the City. (b) If all required reports and copies are not sent to the City or are not completed in a manner acceptable to the City, the City may withhold further payments until they are completed or may take such other action as set forth in paragraph (11). The City may terminate the Agreement with Recipient if reports are not received within thirty (30) days after written notice by the City. "Acceptable to the City" means that the work product was completed in accordance with generally accepted principles and is consistent with the Scope of Work, Attachment A. (c) Upon reasonable notice, the Recipient shall provide such additional Project updates or information as may be required by the City. (8) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement, and the terms and conditions of the Agreement. The City may perform on-site or other types of Project monitoring as it deems necessary. Should activities or deliverables be found to be insufficient in meeting the stated terms of this contract, the City may request explanations, amendments or further specifications to the submitted report to which Recipient shall promptly respond. 5 Iv (9) LIABILITY Recipient agrees to be fully responsible for its own negligent acts or omissions or tortious acts. Nothing herein shall be construed as consent by the City or a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. Recipient represents and warrants that hazardous and toxic materials, if present at any locations where the Project will be performed, are at levels within regulatory limits and do not trigger action required by Federal, State or local laws or regulations. Recipient further represents and warrants that household hazardous waste meeting the definition set forth in 40 CFR shall be handled in a manner which meets all Federal, State and local laws and regulations. Recipient further represents and warrants that the presence of any condition(s) or material(s) on site, which is subject to Federal, State or local laws and regulations (including but not limited to: above ground or underground storage tanks or vessels, asbestos, pollutants, irritants, pesticides, contaminants, petroleum products, waste, chemicals and septic tanks), shall be handled and disposed of in accordance with the pertinent requirements. (10) GENERAL INDEMNIFICATION The Recipient agrees to and will at all time indemnify, save and hold harmless the City from all liability, and claims, demands, damages and costs of every kind and nature, including attorneys' fees at trial or appellate levels, and all court costs arising out of injury to or death of persons, and damage to any and property, including loss of use thereof, resulting from or in any manner arising out of or in connection with the Project, or resulting from or in any manner arising out of its relationship with the City, excepting only liability resulting from the sole negligence of the City. The Recipient shall, upon request from the City, defend and satisfy any and all suits arising from its use of the premises. (11) DEFAULT: REMEDIES: TERMINATION (a) If any of the following events occur ("Events of Default"), all obligations on the part of the City to make any further payment of funds hereunder shall, if the City so elects, terminate, and the City may at its option exercise any of its remedies set 6 Iv forth herein, but the City may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the City shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the City and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If Project funds from mortgage lenders or other sources are not received because of defaults in the mortgages, construction loan agreements or other loan documents used for Recipient's funding of the Project; 3. If any Reports required by this Agreement have not been submitted to the City or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the Project work required under the Budget and Scope of Work attached hereto as Attachment A; 5. If the necessary funds are not available to fund this Agreement as a result of action by the City, Legislature, the State of Florida Office of the Comptroller or the Office of Management and Budgeting. (b) Upon the happening of an Event of Default, then the City may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the City from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least fifteen (15) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage 7 jlp prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (12) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the City for the amount of costs incurred for any items determined to be ineligible; and 5. Exercise any other rights or remedies which may be otherwise available under law. (c) The City may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misrepresentation in this grant application; misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material forming part of the Project documents. (d) The Recipient shall return funds to the City if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (e) This Agreement may be terminated by the written mutual consent of the parties. (f) Notwithstanding the above, the Recipient shall not be relieved of liability to the City by virtue of any breach of Agreement by the Recipient. The City may withhold any payments to the Recipient, from this or any other agreement between Recipient and the City, for purpose of set-off until such time as the exact amount of damages due the City from the Recipient is determined. (12) NOTICE AND CONTACT 8 ,I.-- (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below and said notification attached to the original of this Agreement. (b) The name and address of the City contact for this Agreement is: Mr. Kevin Garriott, Building Official City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756-5520 Telephone: (727) 562-4567 Fax: (727) 562-4576 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mark Smith and Charlene Smith 701 Bay Espanade Clearwater, Florida 33767 (d) In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (12)(a) above. (13) OTHER PROVISIONS (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 the Application, in any subsequent submission or response to City request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the City and with thi~y (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the City from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Pinellas County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of 9 ./Y such conflict and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the City of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the City hereunder, or affect the subsequent exercise of the same right or remedy by the City for any further or subsequent default by the Recipient. Any power or approval or disapproval granted to the City under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (14) FINANCIAL REQUIREMENTS (a) The Recipient agrees to maintain receipts and other documents in order to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the City. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the City with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (15) SUBCONTRACTS 10 ,4,., (a) If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the City. (b) The Recipient agrees to include in the subcontract that the subcontractor shall hold the City and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement. (c) Contractual arrangements shall in no way relieve the Recipient of its responsibilities to ensure that all funds issued pursuant to this Agreement be administered In accordance with all state and federal requirements. (16) TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. (17) ATTACHMENTS (a) AU attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Attachment A Approved Project Scope of Work Attachment B Program Statutes and Regulations Attachment C Lobbying Prohibition/Certification Attachment D Statement of Assurances Attachment E Request for Advance or Reimbursement (18) STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216 and Section 252.37, FS or the Florida Constitution. (b) If otherwise allowed under this Agreement, extensions of an Agreement for contractual services shall be in writing for periods not to exceed three (3) months per extension and shall be subject to the same terms and conditions set forth in the initial Agreement. Any extension of this Agreement is conditioned upon the 11 Iv .' ~ , . , willingness of the State and federal agencies to extend their agreements with the City to accommodate an extension of this Agreement. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (19) STATE LOBBYING PROHIBITION No funds or other resources received from the City in connection with this Agreemeflt may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or the City. Refer to Attachment C for additional terms and provisions relating to lobbying. Recipient shall execute and return Attachment C with this Agreement. (20) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement and that the undersigned are all persons having legal or equitable title to the property on which the Project is being accomplished. (21) ASSURANCES The Recipient shall comply with the Statement of Assurances incorporated as Attachment D. Failure of the Recipient to comply with the program statutes, Executive Orders, ~greements and regulations in Attachments Band D of this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement. 12 _I ~ .. IN, WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: By: 1?U ~, Map\'( SmithV Date: /I-;J. , - 0 D WITNESS: BY:'~W~~ Name: IE/3EUfi 1/. t. rn ;:JJ.he Date: 1/.1 z q/ 00 Countersigned: Approved as to form: Leslie K. Dougall ides Assistant City Attorney ~ RECIPIENT: By: Q/W,j it~~ ~ Charlene Smith Date: Ii IZq / On f f WITNESS: By: f~ ZY:{!.~ Name: &-.6EtU.-~ iI.(1. tnl1l1~ Date: iI/ 2Q/OO CITY OF CLEARWATER, FLORIDA By: t1J~~t,j~ 7r William B. Horne, II Interim City Manager Attest: c~ Z. ~-.~.c.~ Cynthia E. GOudeau City Clerk . 13 ,.... '--1 ATTACHMENT A BUDGET AND SCOPE OF WORK Property Owner: Mark and Charlene Smith Property Address: 701 Bay Esplanade Way Clearwater, Florida 33767 Recipient shall require the property Owner to perform tasks associated with the demolition of a substantially damaged structure and the construction of a new residential structure, as further described in the Recipient's Flood Mitigation Assistance (FMA) Program application. That application is hereby incorporated by reference. The Department of Community Affairs (DCA) shall reimburse eligible costs for this project up to $62,546.00. I. Funding Summary Federal Share: $ 62,546.00 Local Share: $ 20,848.00 Project Cost: $ 83,394.00 (75%) (25%) II. Eligible Expenditures The following categories of expenditures are generally considered eligible for reimbursement under the FMA. Only reasonable eligible expenses may be reimbursed. The Recipient shall provide the Department with a detailed listing of project expenditures, and classify them according to the listed categories, as part of any request for payment. Any expenditures that do not clearly fall under the specified categories shall be submitted to the Department for review and determination of funding eligibility under the FMA. Preliminary cost estimates for this project have been provided to the Department, and those costs that are eligible have been incorporated into the categories below. The amounts set forth below are estimates, and the Recipient may allow the Property Owner to exceed the estimates and be reimbursed for 75% of expenditures in a category, provided that the total reimbursement shall not exceed $62,546.00. A-I A. B. C. D. E. F. G. Planning Permitting Site Preparation Elevation Electrical System Landscape and Driveway Repairs Temporary Living TOTAL Attachment A (continued) Budget and Scope of Work FEDERAL (75%) NON-FEDERAL (25%) $ 1,125.00 $ 375.00 $ 1,650.00 $ 55,521.00 $ 1,125.00 $ 2,000.00 $ 375.00 $ 125.00 $ 550.00 $ 18,506.00 $ 375.00 $ 667.00 $ 750.00 $ 62,546.00 $ 250.00 $ 20,848.00 A-2 ...111 ATTACHMENT B PROGRAM STATUTES AND REGULATIONS This Agreement and the Flood Mitigation A3sistance Program (FMAP) are governed by the following statutes and regulations: (1) The National Flood Insurance Act of 1968, as amended by the National Flood Insurance Reform Act of 1994; 42 use 4101, et seq; (2) 44 CFR parts 7,9, 10, 13, 14, 17, 18,25,60, 78, 220, and 221, FEMA policy memoranda and guidance documents; (3) State of Florida Cooperative Agreement provisions for the Flood Mitigation Assistance Program; (4) The Performance Partnership Agreement (PPA) between the State of Florida and the United States; (5) All applicable laws and regulations delineated in Attachment E of this agreement. :.: , .~. B-1 ATTACHMENT C LOBBYING PROHIBITION The undersigned certifies, to the best of his or her knowledge and belief, that: (a) 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 either directly or indirectly an officer or employee of any state or federal agency, a member of the Florida Legislature, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) lfany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) . The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made orentered 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 persons who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RECIPIENT BY: S'Zl~i.1-tvJ...'H1!.t-tLv:. . fL- WllIlam B. Horne, II,Interim City Manager Type Name and Title ATTEST: (/\ . \ \ (' id C-1 . ~-u ,J i \ .i. \ . l__~Y\," ~\AtL { /..,h.-j.-c.~"-.~~~,-- CYl1tr ia E. Goudeau City', ,berk Approved as to fo~: 1 . / '-;;,,/ Y Y -:.;/,j:?~: /; <;:i ;j(r' {'~-\/"-L,~ ~ . y\ {:2!I~lL::.-, ,,"-<_JZ--.f:,. Leslie K. Dougall-~~es J Assistant City Attorney ATTACHMENT D STATEMENT OF ASSURANCES The Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the application for and receipt of FMA funds, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief executive officer to act in connection with the application and to provide such additional information as may be required. (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above. (d) It has complied with all the requirements of the State of Florida Intergovernmental Coordination and Review (IC & R) process, and that either: (1) Any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application; or (2) The required procedures have been followed and no comments or recommendations have been received prior to submission of the application. (e) It will comply with the Single Audit Act of 1994, as amended. Additionally, the Recipient shall comply with the following requirements related to audits and financial management pursuant.to the Single Audit Act of 1994, as amended: D-l (1) The Department shall review the Recipient's performance periodically to determine whether the Recipient has substantially completed its program as described in the approved Application and this Agreement. Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon written request by the Recipient and/or upon a determination by the Department of Recipient need. (2) The Recipient shall allow the Department to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees and subcontractors during such activities. (3) In the event that the Department suspends funding pursuant to the provisions of this Agreement, said suspension shall take effect as of the receipt of the notice of said suspension by the Recipient. Any requests for payment for which the Department has not yet disbursed payment shall be subject to said suspenSIOn. (4) If one has been submitted, then Recipient's application for funds to the State for funding consideration under the FMA Program is made a part of this contract by reference. (5) Submission of inaccurate ~nformation by the Recipient in monitoring report responses; audit or audit finding responses; quarterly, closeout, program income, or other reports; or Requests for Funds that result in subsequent official Department action based on that inaccurate information (such as the granting of administrative or final closeout status, releasing funds, or clearing findings) may, at the option of the Department, subject the Recipient to revocation of the official Department action(s) predicated on that report or submission, (e.g., revocation of closeout status, audit clearance, monitoring report clearance, etc.). (f) If applicable, the Recipient shall provide the Department with a signed Public Entity Crime Statement, Form PUR 7068; pursuant to the requirements of Section 287. 133(3)(a) FS, and enclose it with the Agreement documents. Ifsubcontractors will receive payment from this contract, it is the Recipient's responsibility to ensure that a copy of the form is executed by each for whom it is applicable, and is included with the Agreement documents. (g) Recipient will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, and the regulations issued pursuant thereto, which provide that no person in the D-2 (3) (4) " .. -i (5) (6) United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services; E.O. 12259, Leadership and Coordination of Fair Housing in Federal Programs, requiring that programs and activities relating to housing and urban development be administered in a manner affirmatively to further the goals of Title VIII of the Civil Rights Act of 1968; Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto (24 CFR Section 570.601), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under the Act; 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 Ac t of 1973 and implementing regulations Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance; and D-3 (7) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of payor other forms of compensation; and election for training and apprenticeship. (k) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given to lower-income persons residing within the unit of local government in which the project is located; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing within the unit of local government. (1) It will comply with Title II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations. (m) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.), as amended, if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (n) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire ror private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuantto Section 112.313 and Section 112.3135, FS. (0) It will comply with the Anti-kickback (Copeland) Act of 1934, 18 U.S.C. Section 874 and 40 U.S.C. Section 276a, as amended, which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. (P) It will comply with the provisions of the Hatch Act (5 USC part 73, subpart III, as amended), which limits the political activity of employees. (q) It will give the State, FEMA and the Comptroller General, through any authorized representatives, access to and the right to examine all public records. D-4 (r) It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplislunent of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the State of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EP A. (s) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973. P.L. 93-234, as amended. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area, that has b€en identified by the Secretary of the Department of Housing and Urban Development as an 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. (t) It will require every building or facility (other than a privately owned residential structure) designed, constructed, ur altered with funds provided under this Part to comply with the "Uniform Federal Accessibility Standards," (UF AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. (u) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 ofthe National Historic Preservation Act of 1966 (16 V.S.C. 470), Executive Order 11593,24 CFR Part 800, and the Preservation of Archaeological and Historical DataAct of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. D-5 (v) It will comply with: (1) The National Environmental Policy Act of 1969 (42 V.S.C. Section 4321 et seq.) and 24 CFR Part 58; (2) Executive Order 11988, Floodplain Management; (3) Executive Order 11990, Protection of Wetlands; (4) The Endangered Species Act of 1973, as amended (16 V.S.C. Section 1531 et seq.); (5) The Fish and Wildlife Coordination Act of 1958, as amended, (16 D.S.C. Section 661 et seq.); (6) The Wild and Scenic Rivers Act of 1968, as amended, (16 V.S.C. Section 1271 et seq.); (7) The Safe Drinking Water Act of 1974, as amended, (42 V.S.C. Section 300f et seq.); (8) The Clean Air Act of 1970, as amended (42 V.S.C. Section 7401 et seq.); (9) The Federal Water Pollution Control Act of 1972, as amended, (33 V.S.C. Section 1251 et seq.); (10) The Clean Water Act of 1977 (public Law 95-217), as amended; (11) The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 V.S.C. Section 6901 et seq.); (12) Coastal Zone Management Act of 1972, P.L. 92-583, as amended; (13) Architectural Barriers Act of 1968,42 V.S.C. 415, as amended; (14) Executive Order 11296, relating to evaluation of flood hazards; (15) Executive Order 11288, relating to the prevention, control and abatement of water pollution; , (16) Reservoir Salvage Act; (17) Farmland Protection Policy Act of 1981; and D-6 (18) Coastal Barrier Resources Act of 1982, as amended. (w) It will abide by the provisions of Section 116.111, FS, pertaining to nepotism in its performance under this agreement. (x) The Recipient will include the pruvisions outlined in Section 287.055 and 287.057, FS, when negotiating contracts for services. (y) It will comply with Title IX of the Education Amendments of 1972, as amended (20 V.S.C.: 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; (z) It will comply with the Drug Abuse Office and Treatment Act of 1972 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of drug abuse; (aa) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. (bb) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 V.S.C. 290 dd-3and 290 ee-3, as amended, relating to confidentiality of alcohol and drug abuse patient records; (cc) It will comply with Lead-Based Paint Poisoning Act (42 V.S.C.: 4801) et seq.) which prohibits the use of lead based pamt in construction of rehabilitation or residential structures; (dd) It will comply with the Energy Policy and Conservation Act (P.L. 94-163), and the provisions of the state Energy Conservation Plan adopted pursuant thereto. (ee) Recipient shall ensure, as a condition of assistance under this Agreement, that the following information is supplied to FEMA and the Department for each structure assisted: (1) Repetitive loss documentation, indicating number and amount of claims, payments, and dates of each. (2) Date structure was initially constructed. (3) Structure's lowest floor elevation. (4) Applicable flood zone where structure is located. D-7 (5) Base flood elevation. (6) Appraised value of structure. (7) Contractor estimates for work. Recipient shall attempt to separate eligible from any obviously ineligible costs. (8) Square footage estimates of structure before and after proposed retrofit. (9) Estimates of damage for any substantially damaged structures. Proposed elevation height for any substantially damaged structure. :) .... ;''1" D-8 Attachment E FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement of Flood Mitigation Assistance Program Funds SUB GRANTEE NAME: City of Clearwater ADDRESS: 100 South Myrtle Avenue CITY, STATE. ZIP CODE: Clearwater. Florida 33756-5520 PAYMENT No:_ FMA No: FMA-PJ-04FL-1998031 DCA Agreement No: 00FM-Jl-08-62-15-011 PROJECT TYPE: Elevation/Retrofit Total Contract Amount: $62.546.00 POINT OF CONTACT NAME :Mr. Kevin Garriott POINT OF CONTACT PHONE No. : (727) 562-4567 FAX NO.:(727) 562-4576 HOMEOWNER: Mark and Charlene Smith HOMEOWNER ADDRESS: 701 Bay Esplanade Wav CITY STATE ZIP CODE' Clearwater Florida 33767 , , . Project FEMA Non-Federal Previous Current Balance of Amount 75% Match Payments Request Remaining 100% 25% Funds TOTAL CURRENT REQUEST $ I certifY that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUB GRANTEE SIGNATURE NAME AND TITLE DATE TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL $ ADMINISTRA TIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE E-I FLORIDA T ARTMENT OF COMMUNITY A1~IRS DIVISlvN OF EMERGENCY MANAGEMEi11' SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK THE HAZARD MITIGATION GRANT PROGRAM Applicant City of Clearwater Disaster No. FMA-1998 DCA Agreement No OOFM-JI-08-62-15-011 FEMA Tracking # FMA-PJ-04FL-1998031 Applican(s Reference No, Date of delivery of DOCUMENTATION Applicant's (W arran~ Voucher. Claim articles, completion of List Documentation (Applicant's payroll. material out of applican(s stock, Eligible Costs Check, or Schedule No,) work or penonnance applicant owned equipment and name of vendor or contractor) by category and line 100% services. item in the approved project application and give a brief description of the articles or services. ^' '. TOTAL E-2 Attachment F FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT PROJECT }lROGRESS FORM SUB GRANTEE: City of Clearwater Project Number#:FMA-PJ-04FL-1998031 PROJECT LOCATION: ElevationlRetrofit DCA ID #: OOFM-JI-08-62-15-011 DISASTER NUMBER: FEMA-DR-FMA-1998-FL QUARTER ENDING: Percentage of Work Completed (may be confirmed by state inspectors): Project Pro.;eeding 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 CommentslElaboration: NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports which have significa/lt impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non- compliant with your subgrant award. Name and Phone Number of Person Completing This Form F-l ------,-..... "-- . f~DERAL EMERGENCY MANAGEMEN :ENCY OUTLA.Y REPORT AND REQUEST FOR 1.,V1BURSEMENT . FOR CONSTRUCTION PROGRAMS PAGE OF O. M.a. No. 3067-0206 Expires June 30, 1998 2. BASIS OF REQUEST o CASH' 0 ACCRUAL 5. PARTIAL PAYMENT REQUEST NO. 3. FEDERAL SPONSORING AGENCY AND ORGANlZA TIONAL ELEMENT WHICH THIS REPORT IS SUBMITTED I iGES 1. TYPE OF REQUEST o FINAL 0 PARTIAL 4. FEDERAL GRANT OR OTHER IDENTIFYING NO. ASSIGNED BYFEMA 6. EMPLOYER IDENTIFICATION NUMBER 7. RECIPIENT ACCOUNT OR OTHER IDENTIFYING NUMBER 8. PERIOD COVERED BY THis REPORT FROM (Month, day, year) TO (Month, day, year) 9. NAME (Recipient Organi~ation) 10. PAYEE (Where checks should be sent if different than item 9) ADDRESS (City, State Bnd Zp Code) ADDRESS (City, State Bnd Zip. Code) 11. CLAS S IFICA TION STATUS OF FUNDS PROGRAMS-FUNCTION S-ACTlVITIES (a) (b) TOTAL J. Administra/ive e nse s s s J. Prelimina ex nse :ii!ii!!iiii!iiiiii!;i!i!i!ii;;iiiii!iIiiii!iii!!~i!iiiii!!i!!iiii!i!iiiiiii'iii!!!ii!iiiii!,jiiiiiiii!iiti!i!i!!i;'ii!i!iiii!i!i!iiiiiiiii!iiiiii!i!ii.!iii!ii!ifii!:!i!i!iiiiiiiiiiiiiU!i!iiiiiiiiiiii!iii!iIiiIiliii!i!iiiiiiiiiii:i::ii!!iii!ii!i!iiiiiiiii!iiiii!i!iiil!@,ii! :. Land, s!ruc/ures, riah/-of-wa . Olher architec/ural enaineerinq fees Hon fees . land develo menl :iii~!ii~;;!~i!ii~:ii~;;!~!;ii!i!!!!;~)~i!iiiiimiiiiii~iiiii!!F,!!ii!!iiiii:ii;!:i!]!!iii:i!i!!:i!i;'!ii!;i~i:ii~!:~;;!;!i!!ii!!iiiF,:ii!i;!!i:t;;i:;;;!it!i!B\itmi;iiilliii!!!;iiiiiii;i!!f,~i!l:!iii*:!ir~;!!:i!:ii[i!i!:ii!iii!:~~~i . RelocaHon expense Relocation a en/s to individuals and businesses Demolition and removal Construction and rovement cost E uipment . Miscellane<>us cost Tolal cumulative to date sum of lines a thru m) Deductions for ro ram income Net cumulative to date line n minus line 0 Federal share 10 datE!' ~ eha bilitation grants (100% reimbursement fotal Federal share sum or lines q and r ~mounl requested for reimbursement % % c;.: I certify that 10 the besl of my knoy,1edge and ~Iier the billed ts or disbursements are in accordance y,ith the terms cr L'1e eel and that the reimbu~ment represents the Federal share y,hich has net been previously requested and that an ,edion has be-en p€rformed and all work is in accordance 'y',i'u'1 :erms of the award. a. RECIPIENT SiGNATURE OF AUTHOR~EO CCRTIFYING OFFiCIAL DA TE REpr.,AU S:.F~ITr=D TYPED OR PRIN'TEO NAME ,10,.-;0 TITLE Tl:.LEP~,,: (Ale.J c::x::e, l">Yf":"\:;"':-" ..-.j~~J b, Representative certifying to line 11 v, TYPED OF PR'I'.'TED NAME ^ND TrTLE TELEPHONE (Ate> c::06<, num,"" or.d .x'-'""'~J e.. Form 20-17, JUL 95 ,::lub!"c :mpzrt,ing burden for this form is' nated to average 17.2 hours per re' '5e. The burden estimate lclud'es the time for reviewing instructio, searching existing data sources, gatr. ,g and maintaining the data eeded, and completing, reviewing, and submitting the form. 'Send comments regarding the accuracy of the urden estimate and any suggestions fot reducing the burden' to: Information Collections Management, Federal mergency Management Agency, 500 C Street, SW, Washington, DC 20472. R INSTRUCTIONS Mark the appropriate box. Mark the appropriate box. Enter the name of the FEMA Regional Office which awarded the grant/cooperative agreement to your.organization. Enter the number assigned by FEMA. This number can be foun~ in item 1 of the Obligating Document for Award/Amendment, FEMA Form 76-1 OA. This item will not be used to report in the EOC program'. Enter the number assigned by the Internal Revenue Service. This number should be the same number reported in item 6 of the applicant's Application for Federal Assistance, SF 424. This space is reserved for an account number or other identifying number assigned by the recipient. Enter the beginning and ending dates of the quarter you are reporting on. . Enter the name and address of the organization receiving the grant. This information should be the same information as shown in item 5 of FEMA Form 76-1 OA. Enter where checks should be sent if different than item 9. Enter amount expended for such items as travel, legal fees, rental of vehicles and any other administrative expenses. Include the amount of interest expense when authorized by program legislation. Enter the amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction. Enter all amounts directly associated with the acquisition of land, existing structures, and related right-of-way {this includes purchase, lease, and/or easements/. Enter basic fees for services of architectural engineers relating to construction {this includes start-up seNices .and preparation of project performance work plan}. . 1 e. . Enter amounts for other architectural engineering services, such as surveys..tests, soil borings, etc. Do ~ot include any amounts shown on line 11 d. Enter construction monitoring, engineering inspection, and audit fees of construction and related programs. Enter all amounts asso,ciated with the development of land where the primary purpose of the grant is land improvement. Enter the dollar amounts used to provide relocation advisory assistance and net costs of replacement housing. Enter the amount of relocation payments made by the recipient to displaced persons, farms, business concerns, and nonprofit organizations Enter gross salaries and wages of employees of the recipient and payments to third party contractors directly engaged in performing demolition or removal of structures from developed land. , , Enter those amounts associated with the actual construction of, addition to, or restoration of a facility. Also, include the amounts for project improvements such as sewers, streets, landscaping and lighting. Enter amounts for all equipment, both fixed and movable, exclusive of equipment used for construction. Enter the amounts for all items not specifically mentioned above. Enter the total cumulative amount to date which should be the sum of lines 11 a through 11 m. Enter the total amount of program income applied to the grant or contract agreement except income on line j. Identify on a separate sheet of paper the sources and types of the income. Enter the net cumulative amount to date which should be the amount shown on line 11 n minus the amount on Iinell o. Enter the Federal share of the amount shown on line 11 p. Enter the amount of rehabilitation grant payments made to individu~ls when program legislation provides 100 percent payment by the Federal agency. Enter the total amount of Federal share. Enter the total amount of Federal payments previously requested, if this form is used for requesting reimbursement. Enter the total amount being requested for reimbursement. This amount should be the difference between the amounts shown on lines 11 q and 11 t. If different, explain on a separate sheet. Enter the actual percentage of project already constructed. The purpose of this item is to verify that the costs or disbursements are in accordance with the terms of the project. To be completed by the recipient official who is responsible for preparation and submission of the outlay report. To be completed by the official representative who is certifying to the percent of project completion as provided for in the terms of the grant or cooperative agreement. :fer to Outlays Module, Part III, for detailed instructions. O. 1 a. 1 b. 1 c. 1 d. 11. 1 g. 1 h. 1 i. , j. 1 k. 11. 1m. 1 n. 10. , p. 1 q. , r. 1 s. H. I u. Iv. , ~a. ~b.