Fort Walton Beach Council agenda — 01-08-13--regular — reading text

liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event that FEMA should deobligate funds formerly allowed under this Agreement, the Subgrantee shall immediately repay such funds to 13 PA Funding Agreement for FEMA- 4084 -DR Packet Pg. 3d:.  8. 2.a Grantee. Any deobligation of funds or other determination by FEMA shall be addressed in accordance with the regulations of that Agency. 25) ATTACHMENTS. A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and t he Attachments to it if any, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Grantee' s website at www. FloridaPA. org. 26) NOTICE AND CONTACT. All notices under this Agreement shall be in writing and shall be delivered by email, by facsimile, by hand, or by certified letter to the Grantee at the following addresses ( Subgrantee shall complete and submit Attachment " D" which shall serve as the Notice and Contact for the Subgrantee): Grantee Evan Rosenberg, Interim Bureau Chief Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Email: evan .rosenbera(& em. mvflorida. com w 27) DESIGNATION OF AGENT. N Subgrantee must complete Attachment " D" by designating two agents to execute any Request for Advance or Reimbursement, certification, or other necessary documentation on behalf of Subgrantee. 14 PA Funding Agreement for FEMA- 4084 -DR PacketPg. 35  82. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT SIGNATURE PAGE Hurricane Isaac FEDERALLY FUNDED PUBLIC ASSISTANCE AGREEMENT FEMA 0084- - DR -FL) IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DIVISION OF EMERGENCY MANAGEMENT Governor' s Authorized Date FOR THE SUBGRANTEE: Michael G. And Name and Title 01/ 08/ 2013 Date All Subgrantees) Federal Employer Identification Number ( FEIN): 59- 6000323 State Agency Subgrantees Only) Florida Accounting Information Resource ( FLAIR) Code: PA Funding Agreement for FEMA -4084 -DR 15 Paeket Pg. 36  8. 2. a.,,.... Attachment " A" Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A -21, A -110, A -122, A -128, A -87; E. O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted project. Additionally, to the extent the following provisions apply to this Agreement, the Subgrantee assures and certifies that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the sub - grantee's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the subgrantee to act in connection with the application and to provide such additional information as may be required. 2. It will have sufficient funds available to meet the non -Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed. 3. It will not enter into a construction contract( s) for the project or undertake other activities until the conditions of the grant program( s) have been met. 4. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may need. 5. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 6. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 7. ( To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency ( FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 206, and applicable FEMA Handbooks. B. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. 9. It will ( 1) provide without cost to the United Stales and the Grantee all lands, easements and rights -of- way necessary for accomplishments of the approved work; ( 2) hold and save the United States and the Grantee free from damages due to the approved work or Federal funding. Packet Pg: 37  8.2:a 10. This assurance is given inconsideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, contracts, property, discounts of other Federal financial assistance extended after the date hereof to the subgrantee by FEMA, that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States and the Grantee shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the subgrantee, its successors, transferees, and assignees, and the person or persons whose signatures appear on the reverse as authorized to sign this assurance on behalf of the subgrantee. 11. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 ( P. L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. 12. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. ( 5 USC 1501, et. seq.) 13. It will comply with the provisions of 18 USC 594, 598, 600 -605 ( further known as the Hatch Act) which limits the political activities of employees. 14. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 15. It will comply with the minimum wage and maximum hour' s provisions of the Federal Fair Labor Standards Act. 16. It will comply with the Contract Work Hours and Safety Standards Act of 1962, 40 U. S. C. 327 at seq., requiring that mechanics and laborers ( including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one -half times their basic wage rates for all hours worked in excess of forty hours in a work week. 17. It will comply with the Federal Fair Labor Standards Act, 29 U. S. C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one - half times their basic wage rates for all hours worked in excess of the prescribed work -week. 18. It will comply with the Anti- Kickback Act of 1986, 41 U. S. C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. 19. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 20. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 21. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's ( EPA) list of Violating Facilities and that it will notify the Federal grantor agency 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 EPA. Packet Pg. 38  8. 2. a 22. It will comply with the Flood insurance purchase requirements of Section 102(