HomeMy WebLinkAbout2004 10 25 Consent 206
COMMISSION AGtNDA
ITEM 206
Consent x
Informational
Public Hearing
Regular
October 25, 2004
Meeting
Mgr. /
Att. /
Dept.
REQUEST: Approve the Disaster Relief Funding Agreements between the State of Florida,
Department of Community Affairs and the City of Winter Springs anti adopt a Resolution
appointing the City Manager as the City's authorized agent under the Agreement.
PURPOSE:
Following Hurricanes Frances and Jeanne, the President ofthe United States declared the existence
of a major disaster in all counties of the State of Florida. This declaration resulted in the
establishment of a Public Assistance Programs for the funding of eligible disaster relief activities at a
state and local level.
The State of Florida and the Federal Emergency Management Agency entered into Agreements
governing the use of the funds, and requires the State to share the funds with its agencies and local
governments for approved projects. In accordance with Section 252.373, Florida Statutes, the state
will disburse the funds to local governments under the terms and conditions provided within the
Disaster Relief Funding Agreements, which are attached hereto ("Agreements").
The Agreements requires the City to perform certain duties relating to administrative matters and
requires an authorized contact person. The attached Resolution authorizes the City Manager to act
on behalf ofthe City relating to the duties and obligations contained under the Agreement.
APPLICABLE LAW AND PUBLIC POLICY:
Hurricane Jeanne FEMA-1561-DR-FL.
Section 252.373, Florida Statutes.
Page I of2
CONSIDERATIONS:
These Agreements will assist with the reimbursement to the City of funds spent on disaster relief
following the recent hurricanes.
STAFF RECOMMENDATION:
Approve the Disaster Relief Funding Agreements between the State of Florida, Department of
Community Affairs and the City of Winter Springs and adopt a Resolution appointing the City
Manager as the City's authorized agent under the Agreement.
ATTACHMENT:
Disaster Relief Funding Agreement, wi attachments (05-P A-G%-06-69-02-770 and 05-P A-E=-06-
69-02-521 )
Resolution 2004-53
COMMISSION ACTION:
G :\LawyerljefIbICity of Winter Springs\Agenda SheetsIHurrican _Jeanne _ Reso
Page 2 of2
RESOLl.:TIO:\' ~O. 2004-53
A RESOLLTIO:\ OF THE CITY COMMlSSIO:'<l Of THE
CITY OF Wl:\TfR SPR1~GS, fLOR.lDA~ APPROVI~G TWO
DISASTER RELIEF FL:~DI:\'G AGREE1\IE~TS BETWEE1\
THE DEPARTME:'JT OF CO:\'ll\lL:~ITY AFF A1RS ANI> THE
CITY OF WI~TER SPRINGS, THESE AGREE.\'IENTS ARE
IDE~TlFlED AS 05-PA-G%-06-69-02-770 :\l\'D 05-PA~E==-06-
69-02-521 RESPECTIVEL y~ :\:\'D APPOINTI~G A:\'
ACTHORlZED AGE~T l..::\'DER THESE AGREEMENTS AND
PROVIDING FOR TilE REPEAL OF PR[ORI~CONSISTE:\T
RESOLUTlO1\S, SfVER-\BIL1TY A.1'\'D FOR A~ EFFECTIVE
DATE.
WHEREAS, the rc'cent hllnicanes had a dC\'<lstating imract upon the City orWinter Splings
and the State of rlorida: and
WHEREAS. the President of the Lnitcd States declared the existence ora major disast~r in
all counties ofthc Slatc orFlorida, resulting in a Public Assistance Programs bell1g established: and
\\' H F.RE AS. the Pub lie :\ssislance Programs provides f(:ueral financ ial assisl:.mcc: for
eligible disaster reliefacti\ities. as deknllined and approved in the Agreements bct\\ccn the Federal
Emergency \'Ianagement Agcncy and thc Statc of Florida. CfF.T\.1A-Statc Agrecments); and
WHF.RF.:..\S. thc City or Winter Springs is an eligible sub-grantee under the IT'\f.A-Stalt:
Agreements, and to participate and receive funding the City must enter into Disaster RclicfFlInding
Agrecments 05-PA-(j~"'o-06-69-02- 770 and 05-PA-E==-06-fi9-02-521 (hcrei nafler "Agreements") Jnd
appoint an authorized agent, responsible for receiving notices from the Stale of Florida. executing
official documentation (request for pa}1nent, time extension requcsts, etc.) on behalfofthe City and
ensuring documentation is availahle fl.)r final inspections and audits as required by the Agreements:
and
WHEREAS, the City Commission of tile City of Winter Springs deems that this Resolution
is in ihc best interests orthe public health. safety, and \\'clrare or the citizcns of'\Vinlcr Springs,
:\'O\\', THr:REFORE, BE IT RESOL VEn BY THE CITY CO:\1\l1SSI0I\- OF THE
CITY OF WIl\TEH. SPRI~GS, SEMINOLE COU:'IiTY, FLORIDA, AS fOLLOWS:
Sertion 1.
Recitals: The foregoing recitals arc affirmed and incorporated as part of this
resolution,
City of Wint,,, Srr;n\:~. Florida
Res"I"I;"n:i 200~-5J
I'.~c I of ~
Section 2.
Dcsi2nation of Authority. The City's Mayor, John F. Bush, shall hu\'e the
authority to execute, on behalf of tile City onVinter Springs, Disaster RelicfFuncting
Agreements 05-PA-G%-06-69-02-770 and 05-PA-E=-OG-69-02-52 I 0
The City Manager, Ronald McLemore. shall have the full authority of the Cit~y
Commission to receive all official notices and payments under the Agreement and
shall be responsible for signing all documentation sent from the City to the
Department of' Community Affairs relating to funding and administration of the
Agreements, as well as any and all inspections and audits, as required by the
Agreements.
Section 3.
Repeal of Prior Inconsistent Resolutions: All prior inconsistent resolutions
adopted by the City Commission are hereby repealed,
Section 4.
Severahility. If any section, clause, phrase, word, or provision is for any reason
held il1\oalid or unconstitutional by a COLlrt of competent jurisLlietion, \\'bl::ther for
substantive or procedural reasons, slIch portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the \'alidity of the
remaining portions of this resolution,
Section 5.
[ffective Date: This resolution shall become effective immediately upon passage
by the City Commission of the City of Winter Springs, Florida and pursuant ro the
City Charter,
DO~E AND ADOPTED in regular session of the City Commission of the City of' Winter
Springs, Florida this _ day of 2004.
JOHN f. Bt;SH, Mayor'
A lTEST:
A~'DRE.-\. LORE~ZO-LUACES, City Clerk
APPROVED AS TO FORM Ar\D
LEGAL SUFFlClENC'....
Anthony A. Garganese, City Attorney
(;:"'L:.a\~~'er jl'fnJ',( "lly or \\'inlrr Sprines\Ruolllrion,".Hurkanne_Relir-r_J{~')u...hlC
City of Winter Spring.. Flurida
Re-olulion Ii 200J.5~
Pagc2 of 1
STA TE OF FLORIDA
Department of Community Affairs
[)[SASTI::R.RELIEF FF\DI1\r. Ar.REE:\IE~T
Agn'clllcnl No. 05,P^,E::.06.E9.02.521
CSFA 1\0. 52600JOH;
CFD.-\ No. ~
Subgranlet': Winter Springs, City 01
HI'S No. 117.78325,00
This Agreement is between the: State of F1oridCl, Department of Communiry Affairs (hereinafter n:felTed to
as the "Granti:c"f ant!, the undersigned State Agen:y or pulitical ~ubdi\'isi(ln of the Slale (hertinafter refelTed to a,;
the "Subgrantce"j, Thi,;; Agrt"t"ment is ba:;cd un the exi:;tcncc of the follo\,'ing facts and condition~:
;\, \\'HEEF.AS, Hurricane Jeanne beginning September 26, 200-1, and Ihereafter, had a dCI'a:;tating impact
upon the Sl<lte of Florida, The severity or Ihe dar!lage and IClsse,; resulred in a proc!arnalion of emergency by the
Go\'cmor in Exeelltil'e Order 04.217, In con~(;guence ofllle E\'i.~nt, Ihe Pre:;idcnt of the Uniled Stalc,; on
Septel1lbn 2(,. 20U.:I. declared i\'bjor Disaster No. FE\I.-\.DR-1561-FL in all COUll ties in the Stille of Flurida, :\.'; a
rl'sult, the Public As,.;istann~ I'rognnl1 \\'as m:ldc al'ailabk' to eligible applicant:; in these Declared counti.:s; and.
8. WHEREAS, a Ft:\L\-Sliltc Agrecment bt'I\\'ccn th:: Slate of I'lorida and the Federal Emcrgency
\1311ClgelllcI,t :\gCJK) go\'eming the u,;c of such fund,; require,; the State to share Ihe C0.51:; eligibli: for fClkral
fioan<:i~1 as,iSICl:1C,', :If)d Ihe StQle has urlt.!ertak~lI t~) sharl' lhns~ COSlS, a, appropriated, with its SubgJanl,ces: and,
C. \\'IIERL\S. the Gr~ll1lCc repres('llTs that it is fully qualified and eligible 10 receh'e these gr;\ot furd, to
pro\ ide Ihe ,icr\'icc.; ic('ntiiiet.! herein anu agree; 10 comply Wllh all the requirements ,)f IlllS ;\greernent; allli.
J), \\'IlERL\S, the Gmntce n:cei\'es Ihese gr.ull f\lnds fwm the Statc of Florida and Ihe feJcral
g<)\'~'rnl11~nl. and has the aUlhoril>', under So:-etion 252,) 73. Fla, Stat. to disburse the:;:: funds IU Illl' SIlr.granlt'c;; upen
the leTI!l'; and cont.!itions hereinaflcr :;el forth; and,
F \\'j IERL\S, n Budget ...../l1cndrncm has been prep~rcd and is being consider~d tl) prc,',id,' r:.;>r the
n.:ccssary fund" ~lI(: aUlhorjl}' ;\,If thi~ C\ ~nl. Lnder lhi,: l;m~rg~ncy \1~[Iag~men( Act, as arnend,cd, the D,:piif1nl<;nl
!la,; aUlhority w administer fcd':l'3l fmancial assislClIlCC ll'Ollllhc FC'dcr~1 Emergency ;\lanager:lcnt Ag~nc)'
(.'('n;;~q\l(:l1t ,c> a Dl'c'"idcntial declaration of disaSI~r.
NO\\'. TJ-jERErORE, the Granlee and Sub grantee. based upollthe cxistcncc of the fOrL'going Ct)nditior,s,
co flln;'~r agree It> the following:
:\RTrCLE I. Definitions. A, used in this Agreemenl, the following Icnm :;hall ha\'c tht following
IIlc3!)ing,:; un)ciS Olr.olncr me,ming I:; spe(:iiicd el~e\\'hcre:
A, "F-.Iigibh: ut,ti\'iti~~" an: tnvsc ~i:ti\'ities authorizd in the FE\1.-\.St3te Agreement, and in lh\: R(>h~fI T,
Sl:i IT,lld Dj,;I:;ler Rekf and Emergency ,\ssistance :\CI. Public Law YJ.288. as amt'nded, 42 use ~ 512I,5~O!:
4-1 C F,R, Part 2011: and a~pli(;ablt' polieics uf lhe Ftdeml F'rncrg.:ncy to,'larwgelllcnt Agency,
13, 'TE\IA-Srate :\gn:~rncnl" is lht: agrct:ll1ent dated S<:plembcr 26, 2004, betwccn [he fcdcral Emergcnc)
\Ianag~ment :\geney and lhc SHlte of Florida. for the \Iajor Disaster t\o, FE:-'1.'\.1561.DR.FL.
ARTICLE II. Applicable Law Thc panics agree to all the conditions, obligations, and duties imposed by
the FE\t.\-Swte :\greemcnt and all applicable state and federal legal requiremenls including, without any limitation
on the generality oflhe foregoing, the requirements of44 C.r,R,l'arts 13 and 206, ,inti ioe policies of the Federal
Emergellcy \lanagement Agency,
ARTICLE III. Funding and Insurance. Grantec shall provide funds to the Subgrantee for eligihle
aCli\'ilic~ fur toc projects approved by the Grantee and the Federal Emcrgency Management Agcnc)', as spcdfi<:d in
the appTil\ ed Projc~'t Workshects, Allowable costs shall be d~.t~'nnincd as per 44 C,[-,R, Pans 13 and 206, which shall
he nind!' (W)) perccnt of all eligible costs,
A, The appro\ed Project Worksheets shall be transmitted to Subgr~ntcc, and shall stal\; tht: curnulali\'e
iunding allowed, lh~ scope of the l']lgible project, .H\d the costs cligible under this Agreement. Projcct Workshi:cts
may obligi.lte or deobligatc funding, thercby amending the IOtal funding for the project. The appw\'<:d Project
Worksheets shall document the total eligible costs and the tOtallcderal share of those costs, whieh shall be scventy.
fi\'c (75) fll'rcent of all eligible costs. unless:l higher percentage is approved, Contingcnt "pon an apprOflriation h:- the
Florida Legislature. the Grantee may provide some portion of any nonfcdcral share for local go\'ernment and pri\'i1te
non-prllfit SubgranlCl'S, As a condition of receipt oi the federal funding, the Subgranli.:c agree:; h) r~ovide any
nonfClbal sh~r~ not raid by the Granlec,
[j, :\5 a cO!ldiriofJ to 1l.Illdillg under this ,-\gn:crncnt, the Subgrantee agrecs that the Granlcc may \\'ilhhol(i
fund;: OlheT\':ise p:iYilblc to Subgr:lnree from any disbursemcnt IU Grantee upon a delertllin~lion by (}ramc\: or Ft'ueral
[mcrgeno:'Y ~lanJg;:-mcIll Agenc)' that funds exc<,cding the eligible costs have been disbursed to Suhgr<imce pursuant
w this :\grecl~lcl1t or ;\11)' other funding agrC'emcnt administered by Gnllltcc,
C. ,-\s a :-Ur1h~'f l'ondilion to fUllding lInd.'r this Agre~mc[lt. tlte Subgrantce agrees 10 procure insurance
sufficient fl'r thc type l'r i)pcs of hazards for which thc disaster was declared to (:O\'('r any and all projccts tll be funded
under thIS :\greemenlwhcre insurance is 3\'Jibble and Tcasona!>Ic, Subgralllce shall rf<.\vid~' (iran":l' \I dh a ccnific:Hc
of such i:1sur;mcc :I:; a condition to timding undcr this :\grcClll"llt.
ARTICLE 1\'. DUlllieation of Bcnrfil.~ Prohihitiun. Subgralllcc' ma~' not ri:cci\'c funding ui:l.kr this
,-\gr<:t'IIH:m Ii) pay for di!magc cun'reel by insuranc~'. nilI' m;lY Subgranke receive any other duplicale hcnc!1ls under
this :\ ~rC':I:l':11l
.-\, Suhgranlct: shall without delay ad\'!se (Jmnle'~ of;1I1Y insurance l'Ll\'eragc for the damage identified on Ihi:
::;,pli'::l~'l: PI';,'j~cl \\'~':'k;!lc,:ts and of ony el1li;kt~l~n! li.' ':orn;,~'n,;~li')1I or indemnitication frum 5u,:h in'lIr3l1cc
Subgrilt1lec shall reimburse Grantee lI'ithout delay for any duplicate benefits $ubgrantee Il\ay reccivc from any othcr
,ource for "II)' JaJtl:lge identitieu 011 [he applicable Project \\'orksheets for which Subgrantec has rCCei\Td paymcnt
frotll (irallwt", 1,1 the l:Xlcot uf any such duplication,
8. [nt11e e\'ent that Grantee should determine that Su'Jgrantcc ha~ rccclv'ed duplicate bcncf1rs. b~' its
exccuti0n of this :\gri:cl1lent the Subgranlcc givc;: Granlce or tk Chief Financial Oflieer-Deparn:1ent of Financial
SCf\'i:cs of the .,>t.110 n:' Florida !he authority 10 sel off the sum t\f any sut'h duplit'atc benefits by wilhholding it frolr.
~ny ntkr funds otherwise Jue and owing 10 Subgratllee,
AHTICI.E \'. Comnliancr with Er1\'ironmcnlal. Planninl! and Permittin~ J .a\l'5. Sllbgramo.:c shall bc
respon"ibk ;'l1r the il:lplenwltation and completion or the appn,1\'ed projects d<,:sl'ribed in rhe Project \\'orkshec\.> in a
rnanm:r accep.ta!>k lI> Grantee, ilnd in ac~'onlunce \I'ith applicable leg~lleqlliremcl1ts, The contract dOClIII101ltS fN ilny
projcctlll1dertak~n by Suhgram(.:c:, and any land LIse r~rmjned by or engaged in by Subgrant~.~.. ,hall be consistcnt with
Ihc l(l~'al gO\'L'n1l1lC1ll Comprehensi\'e Plan, SlIbgrantcc shall ;:nsme that any development or de,i:lupmcnt onkr
cOl1lpli~" with ;ill a"pEc'abk planning, pemlining :tI1j building r~qujremcnl5, SUJgrantcc 5hall engage such compelent
,'\)ginccr!lIg, hllild;n!!, anl~ \.t;:~'r \cchnical ~lId f'n'I'c~,i(IIl:1I :l,;,i,;tallcl' at all j)wjl'ct sil<:s as mil) r.e needed wenS',lre
2
th31 the project complies with the contract documents,
ARTICLE \'1. Required Documentation, Re\'iews, lind Inspections, Subgrantec shilll crc:lle and
maintain du(.:umentation of work pcrfonned and cuS!S incurred on each prujeC! identifii:u in a Project Workshee1
sufficient to permit a formal audit comporting with ordinary. customary and prudent public accounling requirements,
Cpon the failure of Subgranlee 10 create and maintain such documenlation, Granlee may tenllinale further funding
undtr this :\grcemcnl. and Subgrantee shall reimburse to Grantee all paymi:nts disbursl:d earlier 10 Subgrantee,
logethcr with any and all lic\:nlcd interest.
1\. Suhgrant<:e shall submit the following documentation for Large Projects (the Small PrL~ect threshold for
this dt'cbration is S54,100),
I. :\ Request for Adl'ancc or Reimbursement confomling 10 the aHached samrle,
, ;\ Summary of Documentation Fonn confomling [() the sample attached to thi.- Agrecm.::nt i1S
:\ttachmc1ll Fl, whi~'h shall be supported by original documents such as cormacl documents, il1\'oices, purchase orders,
change orders ~l1d the like;
], ,\ r.::questlor flllal inspection;
4, ,\ signed Project Completion and Certifkation I{~.ptlrt upon the completion of all projects: 1Il1d
), Th<: Pn,\jcet C(,nlpk'tion antl Ccnifkation Report specified hy Paragraph B of this Aniele,
B. For :111 proj~cts, Subgrantcc shail state on the "Project Completion and Certification Repor1" thilt :ill work
was performcd in :h:cnrJ;ll\cc with lhi~ Agreement and the requirements in e:Jch I'mject \\'orkshect, and shall state the
dale elf ,'ol11pktiQI1,
C Grilntcc will inspect Small Projects by random selL'clion, :md will ('undue! the final inspections on Large
Project>, 10 cnSIHC thaI al! ',,'ork has been pcrfonl1cd within Ihe scope of work spcciticd 011 Ihi: I'roji:,'[ \\'nrk,!:ccts,
C1SIS not withil1thc appro\'cd scope of work shall no: be n:imbursed,
ARTlCI.E \'II. Cost Sharinc, lhc federal share ,'d'lhc eligible cosls specified in thi: Pruject \Yorkshcets
1ll1d~r thi, ,-\greemi.'l1l shall be ninety (90; p~rccnl of sllch cost" unless a high~r percentage is appro\'ed, of SUi:h CtlSl.,
alld th..: nClllf..:deral share sha!! be the remaining amount. Payment l,f all or a speei til.'d pL)rtion of th.: nonfedcral share
~\f such custs is cOlllingel1l upon a potential future State appropriation delining the apportionmcnt of thl: n(lnfederal
share, AdlTlinistr,Hiw ,,1StS ill addition to thi: Projcci ',A.'orksht:cts that are otherwise eligible under 44 C.F, f{, Part 20(,
:Ind do 1101 reCJuire C1atdting funds r!lay als:) ~,e funded by fE'.1.,\,
ARTICLE \'111. Pa\'menl of Costs, Gr:mlec shall disburse thi.: l:ligibk costs to SuhgT3IlICC ill accordance
\\ieh 1h~ folio\<'illg pr,'cedurcs,
:\, Grar.tcc shall disbmse the federal and non federal shan:s uf thc eligible costs for Small Projr.:cls to
Sllbgr~lllIce as won as pr:i(.:ticabk after exe(.:ution of' this Agreement and fonnal notification by the h.t1cral Emergency
\lanagemcnt Agency of its appro'.:!] oftne p,.rtinl.'nt I'mjeCl Worksheel.
B, Ciractcc sh:!lI rcimburs'~ Slihgnn(cc for the federal and nonfcd~r<ll sh~rcs of the eligihl~' cn;;!., for Large
Projects a, ".\l.In as pncti~ab!i.: after SubgraJ1ll'l' h:1S dcli\'t:red the following documents to C;ranlec:
1. ,,), R,'yucst I,lr :\d\'anee l)r Re-qll(:~t for Reimbursement Fonn confomling to Ihe ;<IlTIpk all<lched
10 this ,-\grt:cml'nt ilS ;\llilchments :\ or :\llachments C
2, A Sch~duk llf I'r(ljected Expenditures or Summary of DoclIm':ntation Fnntl conforming to 11ll:'
s:!l~lpk alla,bed h\ thi, ,-\gre~rnelll :1:' Allachmcnt B m AlIachl1lcnt D \\ hich ,hall be support,',1 0\ lIriginal dOC\lrllelllS
3
5u('h as contract ducuments, invoices, purchase orders, change orders and the like; and,
3. :\ letter Or notification certifYing Ihat the reported COSts In:n: incurred in the p<:rfum1ancc of
eligiblc Ilork,
C. Grantce may advance funds under this Agreemcnt to Subgranlee not exceeding the federal ,;hare if
Suhgrantee meels the following conditions:
1. Sub!,'Tantec shall demonstrate to Grantee that Subgrantee has procedures in pial'!: tu ensun; that
funds are dishursed to project vendors. wntTiletors, and subcontractors without unnecessary delay;
i Sllbgr~nh:t: shalt subnlit to Grantee the budget supporting the rcque5t;
~ Subgranlee shHIl subnllt a st,Ul.:mi;nt justifying lhe advance and the proposed use of the funds. and
specifying the amount llf funds requested;
~, Subgr:mtee shall submit a compleled Request for Adl'anee or Reimbursement Fonn: and.
5 Sllbgrantee Shid! P;l}' over to Granlce any interest earned on advances for reminanct" to the
Federal EllII:rgl.'nc;' ~lanilgcmcnt Agcncy a" onen as practicable, and in any el'l:nt not I:lt~r than ten (Ill) bmines" days
aft~r thc close of' each cah:md~r yuaner.
0, Subgrantee may make improl'ements 10 the proj<:ct fiKilil)' in c('njllnction with it~ rC'$toration of the
fa.:ilit)' /(l ils pr('-dislIstcr condition in aC'cordance with 44 C.F,R, Pan 206 with Ihe prior l\Tlllen lIpprol'a!llfGrantcl',
f. In any cas<: in which Subgrantce ccrlitics 10 Grantec in writing that the restoration of a d:Jmaged rublic
fili:llily to ils prcdisastl'f ('onditinll is nol in thl: hest interl:st u/'thc public, Sllbgranlce lTlay requcst Grantee and the
Fl?dcra! F:mergcl1cy \lallllgcl11cnt Agcncy to appro\'c 8n :dlCl11alC projcct in accordancc with 44 CF, I{, Part 201'> before
the .()mn1CI1\:em~nt of ,lilY work,
F, Grantee may, il\ its diS\.'rl:tion, withhold its portion oCthe nonfeucral share of funding undcr this
..\gre('ln,'nt from Suhgrantcc if Gralll('c has reason !() expccI :I sllbsequcnt unfal'orable determination by the Fedcml
Emergl'IK')' ,\bnag('lI1cnl ,\gCIlCY that a prcI'jous disbnrscmcnl of funds under this Agreement was ImFroper.
ARTlCI.E IX. Final Pa\'ment, Granlce shall disburse Ihi.: final payment to Subgramct' uron thc
ri:rj'vnn:tn~c ('I the fl'lIo',.'.'ing conditions:
.'\, Subgr:mt~e shall h;J.I'l: completed the proj<:~';
13, Subgmnt~~ shall haw submitted the documenlation"peciticd in Articles \'1 and \'111 ofthi~ ,\grc~rnellt:
C In thl; ,'as.; of Large Projects, the Grantee shall hal'e pc-rformed the final inspectloll:
0, In the' casc of Small Proji.:c[s, the Project Listing and Certifiealion shall have been rCI'iewcd by Grantee, or
Grallt~~ shall hal'(; pi.:rfOmled a fmal inspection; and,
F., Sl:bgr.mwe shall hal'':: requested final rcimburscment,
ARTICl.E X. Records :\laintenance, TI1C funding of cligiblc costs umkr this Agreement and the
perf0rl11Jncc of all other conditions shall hi: subject tv the fullcl'.\ in!:! requirements, in additiol1lo such other and further
reqllircrn~nt~ as may he imposed by opcration oflall':
,.l" 1'11" ;'L.'nifonn :\dminislr:l.lile Requirements for Grants and Coopemti\'e :\greel11i:nt:: tu State and 1.0l'<l1
(;vI'emmcnts," JS codified in 44 ('.)-',1{, Part 13, a, amendl'd:
4
\:l, Office of ~'1anagcmcnt and Budg.et Circular No, ,0\-87, "Cost Principles for State and Local
(jo\'(:,mmcnts, ,. as amended;
C. Office of \1anagcmcnt and I3udgct CirclIlar No. A-II 0, "Unifonn Administrati\'c Requirements I'm
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Olher Non-Profit Organizations,"
as amended: ~nd
f), Office or \Ianagerncnt and Budgct Circular No, A-l22, "Cost Principles for Non-Profit Organizations,"
as amended,
E. Subgramcc will maintain all doeumcntation conccrning Ihe projects funded under this Agreemenl until (h~
occurrence ot' the lollowing e\ ~nts, whiehe\'cr i.; the later:
1, TIle completion of final inspection and tinal audit, and the final n:solulion of any isslles identified
in Ihe same; or,
2, The expiration tlf thn:e (3) years t'rom the date of final disbursement undcr this :\grct:lllcnr.
F, Subgrarm'", shall make all doculnenlation cnnceming the projects funded umll:r Ihis i\gn:tlllenl available
:lI1d accessible to th: Comptroller General of the United States. the Grantee, and thc Federal Emergency ~lal1:lgemcnt
Agency between 8:00 ;t.l'1. and 5:00 P,ll1, on weekdays other than of:kial holidays.
ARTICLE XI. Rrlmhurscltlcnt of Funds, If tl;)on fmal inspection. final uudit. or other re\ ic\\' by Cimntec,
the hdcral !-:mcrgency .\lanagement Agency or olher iHllhont)' Jclermincs that Ihe disbursemellts to Subgrantn: under
this Agreement exceed the eligible co;ts, Subgrnntee shall reimburse to Grantee the sum by whieh the tolal
disbllr,sernents c\ceed the eligibk eUSlS within forty-fi\'c (-151 days from the dale Sllbgranlee is noti:ied of sllch
d:lc/'lI\i llati,)II,
A.RTICLE XII. Audit. Subgrantcl' shall submit an Audit of Agreement Compliance Ie' Grimtce, i\nd shall
h:1\'(' an inckpen,knl audil pcrf,'rrned by a Certilied Public :\ccountant if its lotal e;o;penditurc,s of federal financial
assisHEKe :or the mil,t recent liscal year equal or exceed S5l10,OOO,OO,
,\, Subgrantc~ wJIIl'nnduct th" audit in :lccordJllce with lhe follo\\'ing requin:mcllts:
1, Thc standards est.lblish~d Jj' t~~ C0mplr(J]I~r Gellcra! llf the Unitcd SUt,:" us sped'I'cd in Ih::
Gi.'ncral :\ccc'llnting Office Standards for Audit of (ju\'cl1l1ncnt:d Orpnizations, Programs, :\cli\'itics imd Functions;
, TI~,:: s::mJar:;s eSI:lblish::J '~y t;',c i\m~ri,:all In:ilitlltl: n;' Ccniflcd Publi: ..\ecoUnl:lllb;
_, TIl\: rl'4uircl1lenis of ~ ! I .4:!, Fb, Stat., and the Ru\cs of the AuditOr General;
-\, Th~ requiremcnls oftlte Single Audit ..\ct of IY8-l, Pub, L. 98-502, as amended, 31 t.;Sc. g
750; .7.50'7.10 thc nll:nl here ilppljeabh:; and,
~, Ofiic(' ,'f ~bnagernent and Blldg~t Circul:\I' No, :\-133, as amemkd. \() the ext~nl hlTe ilpplil:able,
13, The auJit shall be id.:ntificd by the seriai euntra;;! ilknliiit:alion number for this :\grl'ern~nl. If thc
Subgran:ee is a pri\ ate nonprotir organization, it shall Sllbmi! <1:1 organiziltion-wide audit.
C. The audit shall be due not later than .,c\'en C) months after Ihe dose or the fiscal year fer Su'.'gralltL'c
C\,~cpt "'here Granr::e :lnd Subgrantcc han; mUlllall~ agreed upon another date,
I), Subl!rante: .,hall conduct slIch additiLll1al audits as Grantee: or the Fedcl'i\1 Emert.!el1c\' .\landi!Clllcl1t
,'\gene:' mi~;: (:ct~m~In': !1e':l:~~ilr:: 1<' dct'crmil~e the Jc':q'.l~;:Y, ae~ur:lcy, :md rt'l:ahility ofthe~i!1te~l,,1 r'ro~t'd~Jres
)
Su~gralltec hn.~ in place to protect its assets and to en;;ure compliance with this Agreement.
E. If this Agreemelll is dosed out without an audit, Grantee may reco\'Cr from Subgranli.:c any di;allo\\'ed
COStS idc-ntitled in an iludit after such dvs\:ou!.
ARTICLE XIII. \oncompliance, If the Subgrantce violates this ,-\grccmellt or any legislation. J'i:glllation,
stillule. r:JIc or oth~r kgal rcquir<:mcnl applicable to the performance ufthis Agreement, the Grantee may withhold any
disbursement othcn\ ise due Subgrnlltee for the project with respect to which the violntion has occurred until the
\'iolalion is cured or has otherwise come to final resolution, Ifth\: violation is not cured, Grantee may terminalc this
:\grecmel1l and in\'oke its remedies under the Agreement as per Anicles X VlIl and XXIlI of this Agreement.
ARTICLE XI\'. Nundiscrimination by Contractors, Subgranlee shall undertake an a(;(i\'c program of
nondiSlTimitl3.tiOIl in ils adminislr~lion of disaster assistance under this Agreement, as per 44 C.F,R, Parts 7 and 16,
and 44 C.F,R Part 206, Subgranlee shall also be subject to Ihe requirements in the General Services ..\dministratin,:
Con50lidated l.ist uf Debarred. Suspendcd and Ineligible Contraclors, ill ac.:cordanec wilh.H C.F,R Part 17,
ARTICLE XV. :\lodilicatioll, The lime for performance Oflhis Agreement may be e.xtenth:d once unkss
the hilure (~!' Sllbgrnntt"C to close olltth~ prt'jec~ is caust'd b~' e\'~nb beyond its control. A modi!kati(lll extcllcing the
time for complelion of the project and any other modification shelll be ill writing. and shall take effect ollly upon
cxecuti"lI by both J1a[ti~s, 1\10dificalions to any Project Worksheet 10 bl' funded llnder this Agreement may be
requested ~y Subgrantec through Granli:e, but the appro\'ell of uny slIch rno<.lifl(;ations shalt reside in the sole discretion
of the h:ckra! Elll.:rgency :-"lanJgement ,'\gmcy, Any arrron:d moditication to a rroj~'ct \\\\rksheet shall be noted ill
a SupplcllIelllal Project \\'orkshe'ct for Ihe proje;:t. If othcnvise allowed under this Agreement, any extc-nsion shidl be
in writing and shall \'it' subject to the s~rnc tern1S and conditions ilS those set Ollt in the initial ,-\greemcllI
ARTICLE X\'1. Time for Pcrfonnancl', Tim:: ,ih31l b~ of the essence of this -"gn:elm:nt and oftk
pCrfllf11131lc.:.: llf ,III C0nditions under it. SlI~ject lO any modification extending thc time for the paformanc", of thl;;
..\gti?cmenl ill'pro\'cd h>' Gramec or the F~d~ra) Emergcncy \laTlagell1ent Agency, the time for the perfiJrmam'c of
elTIcrgene~ '., ork shaH be six (6) months from the dale Oflhl' Presid,;nrial DcclarJtioll, The time for the ;:>erform:lllce of
pcm1anenl '.\'('rk slnll bc eighteen <. I S) months from the datc cfthe Presidelltiallkclamtion, fot Large Projects the
SUrllm:I~" t'f DllCUrtlent:ltion and the supponlllg dOCUHll'flts idcnli!i~'d in Article \'1 o:lhi, Agreement shall be
;;ubmitted 10 the Gramee nOII;lll'r th:m sixty (601 day, afwr tl1<; datc of the last modification c,~lending the .'\grcemcnt.
Sllbgr;;nr~~c ;;hall submitthc COlllpli:led I'rL~ect Listing to (JmnIC~ not later than thiny (30) days from the ,'(,lTn"letion of
all \\'or~, (l[ the ,lppro'..al Dfth'~ I'inallnspectiol1 hy the h:di.'1il1 Emcrgel1cy ~'lallJgement -"'gem:)'. \\'hichc\'er is ialer.
Thc i:l:j\: f,J:' rhe pe,f(m:um:e of Ihis :\gr~cr:l:nl r.uy ::,e eX::l1c~d for Ouse by Granle~, E.,tel1.,ions shall not be
appw\','d li)r delays caused by lack ofwst,share funding, Ifany extension request is d~nicd, Subgrantec shull bi.'
rCllllhurscd for eligihlc projen costs incurred up to the latest arpm\'ed date for completion, Failure In comrletc :iny
~'r0j::ct \lilt b: aJo.:quatc Cause for the terminJtion of funding for tlm Pll)jC,L
ARTICLE X\'II. Contracts \Yith Others, If the S<Jbgr:mlee cont[~cts with any Other c.:onlntClur or \'('nuor
1'01' pCrfOIT;lanCC of all or any ponion oflhe work rl'quired under Ihis ,-\greeml'nl, lhl.: SlIbgralllCe shall incorporate into
its contract with s\l~'h contraclOr or \'emJor an indemniiic3.1ion t'laus\: holding Grantee and Subgrantec hannless from
li:lbility tn third parties for claims asscrtcd under such contra,'t.
ARTICLE X\'1I1. Termination, Either of lhe parti~s may tenninate this AgrcclTl~nt by notiCl: in writing
ddi\'efeJ l() the address spl'o.:ifi'cd in Article XXV of this Agreement. Such terminati(ln shall tah' cffecllhirty (:'U)
day~ a;ter th~ dati.' "f sudll1otiL'e, SOl'h t~nninatiol1 shali 11m afrCCllhc rights, interests, dUlies or responsihiliti~s 0;'
cith':r ,)[thl' p:mies N any allo\\'able cost~ that ha\'~ aeenlcd as o:'th': dale oflhe notice oftennination,
AHTICLE XIX, l.iabilih', Grantce as:;umes no liabilily to third parties in eonneclion \\'Ith this Agreemcnt,
L?nk'ss lbe Su!JgnHHo?e is ~ gO\'i:mmcntal entity c()nTed by ~ 76828(5). Fla, Slat., the Subgrantce shall ~l' solely
respoll,;ihlc 10 an\' ,In.! ~II contractors, \'elll!nrs, and other p~rties wi,h '" hlHn it contracts In perlurnling thi;; ;\grcemenl.
Unkss the Subgnnlee i;; a g()\'cmmcnral entity within the meaning of the preceding scnt~nce, Subgrantce shall
ir~d'cmni:\ Gram-::c frcl1~ e13ims :.l;sertc(~ by Ie third parties in l'onn'cC!:;)n '.\'ith the pcrfonmncc o:'this ..\grCeJl1CI:t,
b
holding Granlee and Sllbgrantce harr.llcss from the same, Also:
,'\, fnr the purpose of this Agreemenr, the Cirantee and Subgranree agree that neilher one is an t'mplo)'ee or
agent of the other, but thai each one stands as an independellt contraclor in relation to the olher,
B, NOlhing in this Agreemell! shall be con>tnlcd as a waiver by Grantee or Subgrantec of any legal
immunity, nor "hall anything in this Agreement be constnlcd as consent by eilher of the panics to be sued by third
partics in conne;:tion with any maW:r arising from (he perfonnanee of this Agreemenr.
C. Subgrankt: n:presents lhalm the best of its knowledge any hazardous subslam:cs al its project site or sites
arc present in quanlitics within statutory and regulatory limitations, and do not require remedial action under any
federal. state or IOt'allcgal requiremcnt~ conI:cming such substance,;, Subgrantcc further represents that the presencc
of any ~uc!l substance or any condition at the site cau,ed by the presence of any such subslan<:e shall be addressed in
accordance with ill! applicable legal rC<.Juirements,
ARTICLE XX. Reports, Subgrantcc shall pro\'ide Quarterly Reports to Grantee, on the Quarterly Rcport
Fonn mnforming to the sample attached as Attachment C. The tirst Quarterly Report shall he due at such lime as
Subgrilnt\:c is notified, All subsequcnt Quanerly Reports shall b;; due no later than tifteen (15) days after each
calendar quart<.:r through final inspct,tion, Quanerly Report" shall indicate the anticipated complelion date for each
rrll.ie~\. logether ,,':it~ uny tHher circumstances that may affect t!1'': l'omp!etion date, the scope of work, the project
costs, or uny olher f:lctors lhat may afTect <:ompliancc wirh this Agreement. Interim inspections shall be schedub.i by
Subgrant.:e befort the final inspection, and may be requir<.:d by Grantee based on infonnation supplied in lhe Quanerly
Report;, Grant~e 1:1ay require additional repons as nceded, and Subgrallttc shall pro\'id<.: i:lll." addition,ll reports
rcquested h~' Granti:c as soon as practicable, \Vith resp<.:i:l to th~ RC<.Juest for Adl'ancc or Reimburscment, Ihe
Summary of Documclllati\)n. and the Quarterly Rcpons. the conl:lct for Grantee will be the Slate Publil' :\ssi~tanc('
Officer,
ARTICLE XXI, Standard Conditions
Subgrantcc agre~s to th~ fullo\\ ing concilinns:
A. Tlte f1erfonnalll'~ and ~'bligation of Granr.::e to pa;' under this Agreemcnl i,s cOlHingent uron all 3nnu31
u;Jpropriati'1n by th~' L q;islature and the di,;hursl'rncnt w Grant..:c (If federal funding ill accordance wllb ~ 252 ,);( -1).
rIa, Slat
[3, Bill:; fo~ f<.:cs or other e\1mpcllSalioll f;)r ,~ef\'icc$ Or c,xpens::s mu~il bi: submitted in detail slIfikicnt I",H a
pr:ll1cr pre-audit and pO,q,aui\ir.
C. Granl~': may tcnninJt(' thi, :\grcemeill f\'r r<.:flis:ll 0) the Subgrame.:: and its contractors ;llld
;;uhcor.lraCI0fS 10 allo\\ public in~pt'ction of any r:cords subject CO the disclosure requirements in ~ 119,07(1.1. f'IJ,
Stat., that arc !Iud~ Dr r<:l'cil'cd b;' Subgmnree or its contractors and subcontractors in conllection ",i,h thi.'; Agreement.
Subst,,:llial i:":id~IKc of IlJllcumpliancc by Subgral1tcc or it,; C01HraCi0iS ane subconrr;;ctars \\ ith thc:s~ rcquil~l,l~I1tS
shall constillHc tIll: nllflpcrfllm1ilnce of a cOllditiollunder 11115 Agreement, and shall be adequate cau,;e for tem1inalion.
D Subgranh::e agr\:c, thilt no funds disbursed 10 it under lhis Agreement will be used tor the Jlurpose of
lobbying the Legislature or any oi its members, ilny employee of (h~ Stale of Florida, any ilh:lllbcr of Congn'ss, an)'
t1ffic~r or emplo)'e~ of Congrt.ss, llr any <.:mplllYcc of a !\!ember of Congress. in connection with th is Agreement Dr allY
modifications to thi. Agreement.
C, SUJgrantce cel1ifll~S thai it ro;;,sesscs th~ kg.!1 authority to rel'eivc the fund",
[', Subgrantce agrees that n:spomibility for L'ompli:IIl':'(: with this Agreemcnt rcsts with Subgrantce. and
flll1her :Igrec,; lhal nOnl'Dl11plianee with this :\greel':'lent ;;hall he Cilllse for the rescission, suspension nr lermill31ion of
illllding under this i\greemcnt, and mily affect cligihilily ior funding under future Subgrantcc Agreemenls,
..\RTlCLE XXII. Term, This ..\grecl11l'nt shallwJ.:c cilht upon its cxecution by both pani<:s, and shan
t<':n11iIUtC upon appw\'a! of closeout by the Fedcrul Ernerg~nL':' \(anagement Ag~ncy, unlt:s,; tennin:llcJ earlier as
specltI,::d dscwh<'r<: in this :\gre::mcJ1\, Subgrame..:' ;;balll'"mrr,cr,~c proj~ct(;;) sr~cjfi~d by t!li" :\grc~lltcr:1 \\':thotil
...,
dt'Jay,
,\RTrCLE XXIII, ["cnts of lJefault. Remedies, and Termination,
.-\, Uponthc occurrence of anyone or mure oftht.' following en.:nls, all obligations of Grantec to di.,burst'
funhcr funds und('r this .-\gn:cment shalltennin3te at the optiun of Grantee, NOl\\'ithsl<lnding th~ pn:cl:ding Sl:ntcn~c.
Grantee IlliiY at its option continue Iu make payments or portions of payments after the occurrence of anyone or more
Stich I:l'ents withoulwaiving the right to exercise such remedies and wilhoLlt incurring liability fur further payment.
Grantee lTIay at its option tennin:tte this Agreement and any and all funding under this Agrcemenl uron the oceurn:m:~
of anyone or mOrt" of the following:
1. Any representation by Subgrantei: in this :\greement is inaccurate or incompktc in ,my material
respect, or Sllbgranlce has breached any condition orlhis Agreemenl or any pn:violls agreement \\'ith Grslllt.'e and has
not e'.If<~d illtimi:ly fashion, or is unable or unwilling to meet its obligations under this Agreement;
2, Sllbgranlee suffers an>, mah:rinl adver,e chang:: in its tin:mcial condition while this Agreemcnt is
in effect, as comp:m:d to its financial condition as represented in any reports or olher document, submitted III Cir,mtt"i:,
if Subgranlel' hns not curl'\! the condition within thiny (30) da)'s after notice in writing from Grantee:
3, :\ny reports required by Ihis :\greement hEl\'C not been submitted to Granlce l)r ha\'i: been
submittl.'d with inaccurate, incomplete. or inadequate inJ'onnation; or,
4. Th~ monic, neee"alY' to fund this Agreement arc una\'ailable due to any failure to appropriate or
other a~'[i()!1 or iunction hy the Congress, Legislature, Offlc(: oj' the Complroller or Onic\.' of !\lanagclllcnt :lnd 1311dgcl.
Il. Upon tht.' ()CCUITcnce uf anyone or mare of the foregojng events. Grantee may at its optio!1 gi\'e notice in
writing to SU:lgmnt::e to cure its failure of perforrnance if ;;uch f:1iJurc Illay be curcd, Upon Ihe failure l1f Subgrankl'
to cart:, Gramee mny t.'xerci,e any une or more of th..: folh)wing remedies:
), Tef1:linatc this :'\grccmcnt upon not less than II ft;;cn (15) days Ilotice of such t::IT11inalJon by
certiflcd lett~r to Ih:: SubgralllCc stlhe addr~s, spccili.:t; in i\niclc XX\' of this Agrcemellt. such not in: to take cikcl
when c.:li\'CI'cd to Subgranll.'i.';
:;, Commence a legal action for the judiL'i<11 enforcement of this Agreement:
), \\'ithhi)ld the disblll'semcllt at nn~ pa~ mcnt or an:, portion tli a paymcnt Llther,,' is~ U'.JC and
payabk und~r thi, :;gr::el;1ent or any olher agr..:emcllt ',I'ilh Subgramee: and,
-\, Take an\' other n:rncu\al aclwns lhalma)' otherwise b0 A\'ailablc under law
C, (jraJ\!cc may tennimte this .\grecmel:r tel' an)' r:lisr('pr(,s'~ntation of :l13t~rh! facl, for failure M non-
pcrf'annalH:e t,f any Agreement condition or ohlig3tion, <.Jr fL'r noncompliance with any appJieabk leg,lI r.;:qoir..-ment,
[), .\r;;; ,!:;:;bli/;..lt:on of t'u:lds or nth~r d\.'l\:r.nin:Jlion oy Ih\,' FCl:erJI En:\,'rgen~'y \!an:lgcrn:nt :\g..-Ilc~' shall
be ac:dr;:ssed in accordance with Ihe regulations 0: th:n Agency,
F" Llpon rh..- rescission, sll.';pcllsion or termination of this :\greement, the Subgranlee shall r::fund 10 Gr~ntee
all funds di':lllrscd tu Subgrillllee under this Agreement.
f, The l'CUll;: of any action or proceeding by either Grantee or Subgrantcc for enforccment of this :\grcemc;nt
or flll' adjudic3tioJl n:-rights. Interests, or duties of the partie, to it ,h111lic in I.eon Count)', State of' Flnrida,
G, :\vtll'i:hslaIlJili!! all) thing tu the ::untrar:> .:Isewh.:rc in this :\grcclllcnt, the rescission. suspcnsi\J11 or
tCl'll1in3ti,'n ufthi, Agreement hy Gr~lltee shall not rtli~"t SUbl!rillllr:e of liability to Granter: for the; restitution of
iunds adl'ancec 10 Sl:bgrantci: u;ldcr this :\grccmellt. and Grant';,c tnay set ofT ar;y such funds hy withholding future
disbllr,cments otherwisc duc Suhgrantee under lhi, .'\greern'~n! or any Other Agreement unlil such time 3S the c,xact
ar.lOtlnt (If rl.,titutiun due Grantee from Subgr3l1tc;; is dClemlin.'d, In the e\'cntlhe F.:ueral I-:r.'let[;cncy .\ lanagernent
,'\gcn;:y shlluld dcnblig~tl' :-unus fom1l'rly alkl\\'ed unckr this :\gr'eement or under any other :\grcemenr fundi:d by the
:\gency and administered b~ Grankt", then Suhgr;mtee sha!llmmediately repay sueh Junus 10 Gramee, If the
Subgracllec: t~tils tL) rer:J:. ,~n" sl!(.'h fund" ther~ (inmlc;e m:!y rC;:O\'l', !he same from fuuJing rnh~r\\'i"e Cll~ Sllbgr~I1Il'C
is
ARTTCU: XXI\'. Attachments,
:\, All 3n>lchr:lents to this Agreement arc incorporated into this Agreement by refer<:m:c as if set out fully in
the text of the Agre~ml'nl itself.
13, In the e\'em of any ineonsisu:neies bet\\'~en the language of this Agreement and the Attachments to it, the
languag.e of the Anachments shall be eOlllTolling, but only 10 the extent of Stich inconsistencies.
C. This Agreement h:ls the following attachments:
1. r\ltachment A "Request for Advance"
2, Attachment B "Summary of Projected bpcndinlTl~s"
], :\n:lchmcnt C "Request for Reimbursement"
2, Attachment D "Summary of Documentation ofExpmses Claimed"
3. :\rtachment E "Quarterly Report Fon11"
4, A ttachmcnl F "SlIbgrantee Annuall3l1dgct Projection h>nll"
I"ote: All other gram administratil'c and electronic fomls will be provided by Grantl.:c as ncccssJr~
or posted on the DE:Yl wchsite: :,'y,~'~j1oricara,org,
,\lnICLE XXV. Notice and Contact. All notices und<:r this :\greernent shall be in writing and shall be
dcli\'l.'red by Internet. by tcfcfacsimile. by hand, or by l'ertificd letter 10 the following rcsrectil'c addr~sse;;.
"-OK THE GRA;\TH:
\\', Craig Fugat~, Dircewr
Di\'isin[1 of Emergent;y ~lanagemcnt
])i,:partl11Cnl of Community A !'lairs
2555 Shumard Oak Bl\'d
hllaha5s~e, Florida 32399-2100
FOR THE SL'BGRA!\TFE:
ARTICLE XXVI. O~si!!natlon of A~cnl. Subgr:\III('c hereby designates ,,_.._
a~ its rrimary a~!ent. and designates as il.', altematl' agent. to execute an~ Rt:qll~,'\
flU /\d"':Jnc~ or Rcim;)llrSelncnf. ceniiicatiou. or other necessary documentation,
l:'i Wn:\ESS HEREOF. the GranlC<;' and SlIbgranlce Ita';c executed this Agrecmclll'
FOR TilE GRV.;TEE:
FOR THE SUBGR.-\~'TEE:
DF.I't\RT\IE:\lOJ- Cm.I\lUNIT'l' AfFAIRS,
Slate of Fklrida, 13)':
(S\I bgr;mlec)
\\" Craig Fugate, Director
Dil'isioJ) 0:' Emergency \1:lIlagemenl
tNarne I
(Title)
(Date)
Public ..\~sistanc(' Pmgrarn
Pr;)gram
(Dalc)
hc!er:d (r:lpll1ycr Idc:1titicJti,:m ,\llrnb~r t FE 1:--":
'J
FLORIDA DlVISIO~ OF EJ\1[RGE:\CY J\lANAGE\1ENT
A TT ACH!\JE\'T A
Request for Alh'ancc for l'ulJlic Assistance Funds
SUBGR:\r>:TEE N,\:-'IE:
ADDRESS:
DCA 1\(jRF.E~IL'iT NO:
DISASTER NO:
firs 1\:0
CA'J'F.(iOR y-r-:~~MPlETE
I I'IU::VlnLS
I 1'.-\ YIo 1 l::--:TS
i~
i
CUKRf:--;T REQUEST !
'i-....'
['\1,'
ElICiI!:lLE
"'j ,.. : ," ."'0""
'. :~..
t= i
---1.-- !
i....- j
;
1--..,
I
~~~'~ :
f-. I
~.._-"~
=to
; _.._~
I-'-'''-''-~
r""--
I
I
t=
""I
~'-I
, -.~=~l
r"
-- -l-'"
i
~-
I
1...__,
!
-.'---f
i
I
j'
"I
I ... ',. --I
--+- .:~==+===:---.j
.:.(- . -=t==:~===t:--.n l-- ,.,n
!
_J i
i
1-'" 0.,
~' ,,--,
CO\f\! E:--'"TS:
TOT:\L CURKEt\'T REC,J.UEST S_,..... _,"_
~ ~-:C'r~Ir-... ~h.:H :,"1 tl::.~ b,,~s~ :,:( In\.' kn'J'.\ 1t..~I.:Ct. ~tnd ':Irhct' ~h~ .1~\1'''{'' il~:,)unls arc COf':'"CCl lnc that all di}bllr'$Cn:::n1> W~r';; m.:;ul.: In JI7''':\ld.lI:\:~ \\ HI: .111
'l'::d:::~~:,;s ;.':" :h\: or..\ i~~n.'r.'m\."r'l :In.j ~;\Y::H;:H is due and ;.;1,::' r.:)( ~):.:cn prcnvllsly rec;,ue5trd 1"..1r It::::.:: )1H~~lI11tS.
SUIUR.\~TcE S](jK.\Tl.'RE:
:'>i:\\tE :\~D un,l':
D,\TE:
10
FLORIDA OI\'ISIO" OF EMF.RGE1\CY :\JA!'I:\G.I::t\JENT
A TT ACII!\lE:'lT H
SCHJ-:f)l'LE OF I'ROJECTF.D rXPENDITL'RES FOR ELIGIBLE DISASTER WORK (SOPE)
Date:
Subgrantee:
Disaster #:
FIPS#: ______________
Project Worksheet (PW) #(s): __________
I I
A.:;j.;It~r.t's. Reterence ~ Oeli'Je-r,- Date of D::>:UMEII7ATIOI-o APP,.t:.:w:
j'''t'arranl, '.':;v.:t-.~f. Ciai'r. Of articles cr lisl Dc,,:tl!T'entalic.r ':;'Q'I-'I:c.:21l1t pCly::.II, 'naterial C'Jt of flppltcant 5::)('1<... applica:....(;'^''1eoj EII~It:Ip. COSf~
SC:;'ll:1CIJI~/(. perlormarce Jf eQuipl1lC',)t and pC)n1n 01 \'encor tV C<J".1r3~t()l") by cale~',)r, anU li."'le ite'T ir: It.~ tlp;:o,',)'/ec [SSS; !
; 'S~r..iC(JS r:roJ~CI applicati:.Jn ail.j ;i...'c a hrief des.::ri~rb,. of tr.e a"iclas O( 5~r,;i.::es. ,
;
I
I
I
I
I
I
,
j
,/ ,
'I ,
I i
i
I
l
I i
I Paqe Subtotal
~ Current Expenditure Request (All Paqes) i
.--------
Total PW Amounts for all Approved Versions
Over or Under Run (Final SOD On/v)
J I
FLORlDA DlVISIO!'l OF EMERGENCY MANAGEME~T
.-\ TTACH:\IENT C
Request for Rl.'imbuneml.'nt for Public Assistance Funds
SUBGR:\,'oiTEE N,'\,\lL
ADDRESS:
DCA AGR.EE\IFNT NO:
DISASTER NO: ___,_,
firs NO:
---'-
I
! pw"
(ATEC
l
p\\'
Pf\F ' ( l S
;DRY % CO~IPI.Er[ fUGlBlE ,\'1 \ ; Cl;lU{EST RF.QL'EST
A\lOl:~q p:\ n,tE:\TS
-,- , - ~.... --. -,
: !
, --~'..-
: j ,j
,-
,
.... : ._-. ... .. '.-.. . -... ..
I
_. i i
I
, 1--,-
'--"'-"1--
~
----.'r
i i
!
r--" __'n ;
..----i--...
"
L_~-':j-'~'-.===t=- --.. ..,
! ~_L. .
-_..~_. r ..- '. . ~.....
I I
-=F:~r
I
r'"
. ..
t ......,
I
'"
-'-1
- -----j
I
!
i
f:-
'. '---
..--J-
i
'-..-......-i
,
i n "---'=1==' --,. ..
I -- -..........-
I
,----
I .,., +,-...
H__I
I
.., I
i
~'--"
!
r--....
I
I
, '.----t-..'---
-t-. ...
,~=
t-'
!
I
~,-
,
. .-------,
i- '
,
-------
_ L..
'.. ,., .. ..--- j
CO\f:\!ENTS:
TOTAL CUIOU::N'f REQUEST S
j :('nifr lr.:tl tu t::\., O~;'.l ofrn:; ~n'Jw!cdge ;!~H:' b;:lic:"lb.:- il.bt:\i.~ llccm.:r.t:=; arc ('('r(.~~~I. :t:H.! lh;:t all :.1ishl..:r~C'rr.~n:.'; \\~rc lttal~:: in a"::"';..'rtli~r.r.: ,,\'::h 111
:."njliil~::~ 01" t~~ l)C:\ lp~I:lrl;:nl nr.d p~rn:~nt i ~ \1".1:: ::\m1 has 0';'..1: '~;.'~n p(e\ :l"\t;~):. I "4\H,,"::.ICd fur !i1\.'s~ ilmGUIH!'"
SUiGR.,\~TH': Sl<..i?-o::\ TlIRE:
!'\,\\ff.. A:\D HI 1.F:
DATE: _..,...
12
FLORIDA DIVISION OF E!\l[RGE~CY ~I:\NAGEI\IE~T
..\TLKH:\'lEKT D
Sl!;\tl\1.-\RY OF DOCL'\IE:'\T.-\TION OF A.'\IOl'NT Cl..-\DJED FOR ELIGIBLE DlS.-\STER WORK (SOD)
Date:
Subgrantee:
Disaster ff:
FIPS#:___________________
Project Worksheet (PW) #(s): _____________
, Ap~lican1's Rcktence = Deli'/e,..}" Date cf DOCUMENTAllQ.!! Ar~li-:cH~~
! (".....Arranl. I,loucher. Clairr C.f articles Of list Oocumenla~on (Ap~liCN"1 f.l#i}iroll. male:ia awl of a.ppil;ar.l ~lQCk. apoll:anl-ov-.ned Eligil:'1l C ::JSlS
S':"ecule "' P!::~orrr.i)r:cc 01 equipmer,t ;Jr.; nrtr-:e 01 '/61jor :)f ..:craac.lorj by category and lir:e ilem in lhe flpp":J'~e~ .:55S;
se.....ic~s. [ifoject applk:ation Dr.d g;...e a tne' deltcr~J-ltior: of lhe anicles or se~....ices. i
,
:
,
I
:
i
I
I !
!
i
I, I
I
I
,
I
I
, j
I
I.
!
Paae Subtotal
Current Expenditure Request (All Paqes) r
I Total PW Amounts for all ADoroved Versions I
!
Over or Under Run (Final SOD On/v)
13
FI.ORIn/\. nl<JtARTMENT OF COMJ\.1liNITY AFFAIH.S
IJIVISIO;\ OF EMERGENCY MANA(;EMENT
SlJBGI{A~TEl!: QlJARTERL Y REI'ORT I<'OnM
..\TTACII\1E.\'T E
Suhgralltcc: ,_,_,__ u_, _____....
FIPS:
Disaster No. I'EMA-
-I)K-FL
Kern:s.:nl~lli\'e:_..___,___ Phol1c: I
Stale Grants Manager:_
()Il:U1erly f{epOr1 Period: _lan-Mar _ Apr-Jun _ JlIl-Sl~p ___, Oct-Dee
Date Submitted:
~--i:'('(lj~~l-.
Workshcct
Nllll1hc:~' &
VcrSiOl:(S)
( 'aH:gory
AnticipalOO
Completion
Date
Percent
Complere;!
----;-'I) _._-, - -' ,,-
Sranl.sJRcmarks
~,-,-,
- I
---L_ ,___,___ ..__....
I
_____..1_..._,___, ,
> RdlcClS work cornpktc(1 on the physic;li JlIU.ircl. Inl(nm:lrion IS required Illr FEMA ()uarterly Ikportillg I->y the (ir:mlee,
" I :tili/.c this 10 n~pllf1 plltenlial delays. llVcr!UlllklTUIIS. CIC,
14
FLORIDA IJEI)AnTM~!':T OF COMMIJNITY AFFAIRS
OIVISIO~ OF EMEHGENCY MANA(;J<:1\U:NT
SlJBGRANTEE ANNI:AL BUD{an PJ{O.JECTlON FORM
ATTA<:II;\lENT Ii
Suograntcl':
F1PS:
Disaster No, FE\.1^-_, _._-DR-FL
Rt:jm:scntativc: _.., ________,__.. ,_.. PhOl1c:..l ", )
Stall; Grants Manager:_,__
State Fist::! I Ye;lr:
Date Submitted:
I-!';'~~i~ct"--- --catcgory'-I'A;ltICii);i;jIPcrC~'ntr '
\\'llrkshcct ! Complet.ion I CornplcteC
NWllbcr & i Date ,
Vnsion(s)
t-------- -.-. . ______ _ _
! -~---;~:=r .------t=:..'-'----- _-;-= n_~_
--, ---+, ..'m ,
_-_~-- -'--- . ,-----1 _____---
Slalll~!I{c'llla~ks.!-.. .--- I JlIl-~:" I ~~d-fi~l-illl-M~' I Apr-Jun 1
__~~_ __ _:~_(y~~~",) :-=:~(y,,,) I
- --1-
-~~4-~~-~~l=j: OJ"
--,-,~- J ,_____, , _ J_ _'_'"
,
'~
, Rdlccls work clll11plded on the physical project tll <I:l1e, IIIlilrl1l:ltiol1 required f()r the State's Fiscal 'y'car nudge! PmjectiOIlS, [)ue six monlhs prior 10 the:
commencement oftbc new State's Fiscal Year,
01 Utilizc this to report pOlo.:lllial delay:;, ovcr/undcrruns, F:lilurc 10 .lI.:Clllatdy pn~i,:ct '1Uill'lcrly needs Illay allt-ellhc availahility "I' funds in a quarter. which is
111<.: basis Ill' lcJ~islalive rcqll\:sts lill' state lI\alch fUlldin;; and kde:ral pass through :lllthority,
!'i
State of Florida
Department of Community Affairs
l>1S,-\STEH RF.L1EF Fr:.\DI~(; .-\GRF:f:,\II~:\T
Agrccm~nt 1'0. C5,PA,G%.C5-69.02.770
CSFA :\0. :,26003IlS:
CFDA ;0;0. 97.036
Sub~rantcc: W'nter Spri...~s. Cill O~
Firs i',o, 117,78325.CO
This :\grcCI:l-::nL is bctween the State of Florida, Department OfCOil1nJuuit}' Aft~1irs (kreinaftcr ref~ITt"d to
as ~he "Grantee"; and. the undersigned SI:U.: Ag~ncy or political subdivision of the State (hereinafter rctcm:d to as
the "Subgr:lnlo:c"), Tiiis Agrcell1cn: is based on the cxistencc of Ihe follo\\ ing f:Jels and conditions:
A, WHEREAS, llurri:::anc France.; beginning S::pter:lller I, :;004, and thereafter, had a dcv:matir:g i:ll?<1,.t
upon the Slate ('of Florida, Th~ s::vcrity of (he dall!ag~' and hw;cs resultcd in <1 procl:l:llUlion of cmergcm;y by tl:;:
Cimcmor ::) E,\cC\lti'. c On].:r 04.19::. In con,;cy',;cncc of the E \'cnt. the Prc;i~enl 0; the Unitd Statc; on
Scplcm:>cr 4, 20G4, d.ccbred :<-lajor Dis;J;lcr ;-.:~, FE:<-IA.D,{.! 545,FL in all counlic~ in the Slat\: of Florida, I\S:l
res~ilt, (h~ Public As,i,l:Jnce Progril:ll was madi: available 10 eligible "p;Jlicanb in thc,e D<:clar.:d clH:nti.::,; ami,
13, \\'HERL,\S.;I FJ:::-'1.':",SI:lli: :\grccmcnt bct'.\'.::~n the Scalc 0: f1orid.l ;\nd lh<:: Fedcrul l::1n.::rgency
.\1~:nJgC::I;"-ij~ ..\gC:iCy g~)''-cri;i:lg rho.' u:;c cl'sucb f'Jnds fCC;l:ircs !hc SI:Jlc' tu share l~"e ~oscs eligible f(H fcderal
jjn"n~ial JS,i,l:Ir..:-.::, and the Stale IlitS u:J,;krl<l~cn w ,h.lre IlhiSe costs. a" ~j1pf()~'ri:lteJ, Wilh it.; Subgr<1lltee;;: ar1;\,
C. WHEREAS, The Gr:t:1lcc rcrrcSt'r.lS thac it is fully qll:dificd and cligihk to receive thcse gr,t;]l fUrilh to
y:w.iJe the scr\'il~es identified hcrein a:ld agr'cc;; 10 CC1I'l?ly Wilh a;ltl1.:: ro.'quirer.1C~lts ot'lhis :\gr.:ernel1l: a;ld,
D \\"ilt:RLAS, t;lc' Gr:lrlleC rccei\\'s the:i':: gr:lr., fUlld" frUt:l rhe Slale ofFloriJa and l;h~ f<:dcr~1
g-'\ crn:nenl. allJ h~,; II:<: al:thorir,y, under Scetior. :52,373. Fb, SDI, to disbl:rse ;11.:se f\1I1d; to (he Sll';)g~:I;1r,el:' lI!ll:ft
the (..-,ms :wd cO:hlitioH.; h~rei:l;lf;cr ';~I fcnh; <lnd,
E. \\'11 r.RL:\S, a Hud~.:! Amend:nelll h.1S been prcp:lr~d ~:ml is being consickrcd to pro\'ide fe>r (h,.'
ncc~,sa~y :Illlds Jnd :lu;hority fM [hi; e\'CI1l, l:ndc'r tll<' Entcrgc'n~'y :<-l:Inagcmcl1t :\Cl. as amended, Ihe I.kp:ut:llClll
ha, ilull:ority t':.> adl~::i1i;;lcr fed;;r;;1 rtnan,~i:ll 3,:;ista:1cc from the :\g'.'ncy L'()!lScqt:ellt to a presidciltial (kc!.1I'~(i,!lI of
dis~SICr.
:-";0\\'. '1'1 flREFORF.. t~:.: Grallt"'" :Jnd SlIbgrantec. based lIrl<ln the exist,cncc or the for<;goi:lg c(.'nJit;"r.s.
t:() f'.m!)cr agree 10 the fuilowing:
ARTICLE I. Definitions. As u,cd in this ^gr~c:ncJlI. the folil1wing Icnns sh;i11 ha\'e the f'olill\-ing
::)callillgs l:n!-:ss <lnl1:ht'r meaning is specified cl.;~'.\'I1(,'rc:
..;, "Lli;;.ibk ,\cli\'iti-:s" ar.: those ac:i\'it:~s ant~;0rizGd inlhi: Fl:'.:o.lA-S;atc i\grccmclI'.. and in Ih\: Ro'Jel1 T.
St:l:'j'ord Di:i:lSler Relicf and F.nt\:~gcI;C) A",-;i,tilnce ACI, Public' La\\ 93.288. ~s am':llded. 42 U.s.e. ~ 5;:: 1,521::
.11 C.F,i{, Par. ,;(!6: and <.P?licablc Pllli.:ic;; Oflh~ Federal F.m~rg~'ncy :<-lan:lgement Ag.:ncy.
(3, ''IT:<-!A,St'Hc ,\gr;:e:;)cnl" is the agrc'em:.:nt daled Scr:embcr 4, ?'n04. bCI\\'C~n th.; Fedcmll-:r:Jcrgen;:)'
\~:ln:;gc:l1~nl Agency ,l:ld t:~e Sl:~'.i: of Fkirida, for tl~c' "bjor DISJ';l~r );0, FE\1:\-1545-DR,FL.
ARTICLE II. Applil:ahle L:I\\, Till: panics agre~' to <111 !~lC condiliun;. oblig:l(:nns. and du:ic; i:J1pc'scd by
the Fl:o.l:\-St:Jtc Agr'::t:mcnt an<! all :Jj)plicablc Slaic and f'derallcgal rcquircclcnls induding, wilhout allY limilation
1
on th.: generality of the foregoing, Ihe rcquirclll~llts of 4-t C.F.R, P~rts I J and 206, and the polici~~ of the Feda~1
Emergency Managcmcnt .A.gene]'.
ARTICLE Ill. Fundin!! anclln5urance, Grantee shall provide funds 10 Ihe Subgranwe for eligibk
aClivili~~ for the proji:cts approved by the Grantee and Ihe Federal Emergency \lanagcment Agency, as specified in
the a~pro\jeJ Project Worksheets. Allow,lblc costs shall be de:te:mlincd as per 44 C.F,R, Pans 13 and 206,
.-\, The approvcd Project Worksheets shall be transmitted to Subgranke, and shall s~ale the cumulalive
fumEng alloweu, the scope of the eligible project, and Ihe costs eligibk under Ihis Agreement. Project Worksr.ee(S
l~ny obligate or c!cobligate funding, thereby amending the tm<ll fundirlg for Ihe project. Thi: approved Project
Worksheet, shall document the lotal eligihle costs and the IOlal fede;<ll share of those com, which shall be se\~nly-
iive (7S) percenl of all eligible custs, unkss a higher percentage is approved, Contingent upon an al'propriation by tht.:
Florida Legislature, the Grantee may proviJc some portion orany nonfederal share for local government and pri...~tte
non-profit Sl:bgrant;;es, As a condition Df ri:ceipl 01 the federal funding; the Sl:bgralllee agn:es to Pro\'ilk any
non federal sh:m: not paid by the GrarHec,
B, As a cor.dition to funding un(b this Agreemcnt, the Subgrantee agn:es that the Gr<lnt\"e may withhold
iunds otherwise payable [0 Subgrantee from any disbursement to GrarHt'c upDn a delermin;::ion by Grantee or Federal
Emerge~cy t-Ianag.cmenl Agency thaI funds exceeding the eligible COSlS have heen disburscd 10 SuogrmHee pursuant
to this ..\grecmenl or any other funding agreement administered by GrarH~e,
c:. As a further condition to funding undi:r this Agrei.:l11ent, th~ Subgrantcc agrees 10 jxocure insurar.ee
s'c1t'ficient for the l>'pc or types of hazards for which the di5a,~ter was dec\:1red tLJ eo\cr any flnJ all projects [(J be fundl'd
lllHkr this :\grcemcnt whi:rc insurance is i.lvail:lblc and ll:lI.sonablc, SL;bgrant<:e shall rrO'>'idc GraJ1te~ wi.h a ccr:iiie3tc:
nf such insurance as a condition to funding und'~r this Agrce~l\ent.
ARTIC!.E "'. Duplication of Benefits PrLJhibitioll. SUJgrantc,:: may nut r-:cei..e funding un~cr lhis
Agrccr;:"lH to pay f0r dac:lage co\'en:J by insuranc~, nl)r may Sl:bgrani~~ r-:cei\'c any llther dllpiicale bC;Jcfils under
lht,; ,-\g;':Cr:1Cl1L
A, S\1bgrant~e ~halI withoul dday ,,("'ise Grant:::: ot'any iOlsurancc eO\'Cr3g~ f()r thc d.li:w,gc iJcntincd on ihe
aJ'111icabk Pmje,'\ \\'orks~cel., and or ony entillement to COllil'cn:i3.:on or inder:lnificalion frc:1I SLl~'11 insurance,
Su\granlcc slwll reimburse Gramee withL'llt delay for allY uuriicatc bendits Subgran\\"c llIay reeci\'c f'.OI:1 any other
source lor any da:nage idclltified On the applicabk f'mji:ct \\'orks!:ects for which Sungr:Jnlce h,],; receivcd payment
frl'lll G;an:ec, to the extenc of any such dupkation,
l1, In the e',cot Ihal Grantee shDuld detenllinc that S'.Ibgnnke IllS recei\'~d duplica:e :'e~~:i", by it;
cxeCilt ion of this Agret'llIcEI the Sllbgralltec gives Gran lee or the Chi~f Fir,ancial Offica, Department 0: Final1ci:;;
S~r\'icc; c:'tht' SIal,:' of Florida the ~lIthority [0 ~cl offth.: ,;ur:) ofar.y s~lch CllflliL'a~e bCI:clits ny wilhholding it [rom
any alha fl:nds oth(:r\\'ise due and owing 10 SubgrarHee.
AHT/CLE Y. Compliance with En\'ironmental, I'I:lnnin~ and I'trmittillt'; Laws. S~lbgra[ltce shall be
r\"s?onsiblc for th\'o jmplc:llel\t3lion and eoml'letion Oflhc appro\'eJ projects descriheu in the Project \\'OI'kshcClS in a
manr:cr acceptable to Grantee, i1nd in accordance: wilh applicable kg:ll requirements, The contr<lct dOCU:lIClltS for any
project udertakcn by Subgrantce, and an)' land use pcrmitted by o. engaged in by Subgran(('e, shall bc consistcnt wilh
the h;;;:ill gu\":rnm...nt COll1prdltnsi\'~ Plan. Subgrantce sh:i11 ensure (hat any dcvchlpmCnlLJr uc\'elopment ord~r
comi>li<:~ with all applicabt.: planning. penniuing <ll1d building r<:q\11rc:~lcnt.';, SubgrarHee shail engage stich cOlllpdcn:
.:nginecring, bllilJing, and other te,'hnical and ?rofessional assista~,c(: al all project sites a,s m:1Y bc ncdcd III cnsure
til:lI I~JC pwjcct C()ll~i'::~S wilh the contracL documents,
ARTICLE \'1. Hequir\':d Documentation, Revicws. <lnd InSllections, Subgranlce shall creale and
maint3in d":;llIl1~[jlaliL)n of work pcrfonncd and costs incurred on each project identified in a I'rojc'C[ Worksheet
sufficient t" permit <! formal audit eomponing with ordinary. CtlstOJ~l~lry and prtldcnt publi:; <!ccounr.illg requirements,
L'pon th.~ failure of Suograntec 10 create and maintain such uocul11e:l~a:ion, Granl\:c may t.:n:!inalt furt~~r fum.ling
un.:kr lilis Agr~ell\cnt, an.! Subgranlec shall ri.:ll11ourse In Granlce ali payments disbursed earlier to Suhgrantcc,
')
.I..
together wj[h an)' and all accrued int~rcst.
A. Subgraotce shall submit the follnwing documentation for Large Projects (the Small Project Ihreshold for
Ihis declara(ion is 554.100),
1, r\ Request for Ad\'ilncc or Reimbursement confomling to the anached sal-:lpk
2, A Summary o(Ducument::lIion Fonn con:orrning to the s<lmple iltlached to this Agreemcnt as
Attacr.mcnt 8, which shall be suppol1cd by original documents such as contract documents, ill\oices, purchase order>,
change orders and the like;
3. A request for filial inspection;
4, A signcd Pruject Completion and CCl1iiication Report upon thc completion of all project>; and
5, The Project Completion and Certification Rcpon specified by Paragraph U of this Article,
B. For all ;>rojects, Subgrantee shall stHe OIl the "Project Completion and Certiiication Report" Ihat all \I()r~
W<1.;; performed in a~cord3ncc with this Agreement and the rcqu:relllcnts in cach Project Worksheet, ~nd shall Slate the
date of CO:11pleti,)n,
C. Gr:lrllcL: will inspect Smalll'rojccts by random s~l<:ction, and wili conduct the final inspect:0l1S on Liirg~
Projects. to ensure that all work has becn perfonned within th~ scope ufwor;': specified olllb~ Project Worksheets,
COS1; not within thi.: appro'.'cd scope ofwnrk shall not be rCimJlIr.;;ell.
ARTICLE \'II. Cost Sharin!!. TI:c r'cderal share urlhe di~i;:le costS S;1cciii,:d in the Proj.:ct \\',:rksh;;~lS
under [bis Agri.'ement shaH be si.:\emy-fivc (75) p':rcclIt. \lnless il higher percentage is apprl,':eJ, ufsuch costs and t:;c
non:'cdcr:ll shar': sha:J b.: the remaining amount, PaY::lclll ofali or a specified ?Ortion otl!:e nonfcd.:ral s!lJrc ofslleh
COS'.s is corllil:g~nlllpon a ;>olel\li,11 future State appropriation defining th~ apportionmcnt of the l1on:'edera: shJr~,
Administmti\'c cost.;; in ad.:iiti0:l to the Project \\'ork"r.<:ets Ihat ilre Qtkrwise digiblc under -I,j C.F,R, ~";n 2G6 and d"
not require matching funds Illay also be funded hy FE\I/\.
ARTICLE \'111. Pa\lllt'nt ofCusts, Ciralllee shall dishurse t!J~ eligible eom to Sll;,;gr~nlce i;~ ",-'corda",:.:
with the folkl''>''ing pr(l~cdures.
A. Granl~~ ,b:1 di,hursc th.: fcderal and nonf...ueral sh~res of [he eligible costs fur S[?lall Projecb tv
Sllbgrantcc n.;; SOon as pruc\icable af'.c!' ewcuiiDI1 Oflhis Agr~e;nc[jt and fonna! I1Dtiikalion by the Fel.kral Er?lergenc)'
\lar.:lgci:I<?nt Agcm:y of it.;; appra\'al oi'the pertinent Project \\'orkshecl.
, 13. Granlee shall reimburse Subgrantcc f\1r Ihe {ederal and nonfcderal shares oflhe eiigib!~ eQsrs :or l.ilrge
Projcct., ;},;; SOOI1 as practicahlc aficr Subgral1tee has deli\'ercd tl:<,' fOIJo",I'ing documcms to Grantc~:
I, .'\ Request for AUI'ilr.ce or Rcimbl;r$ei:1Cnt Fuml confOfl:1ing 10 the sa;:1plc .1ltad:ed to this
Ag!'.:er;J(,'O[ as ,-\lI:lchrn~r,1 A;
2, A SUnlmary of Documentation I'orm COnfOr:1ting to the sample attached 10 thi, Agrec:~lC:ll which
shall b... 511jJ;wrt.:d '::ly crigin:ll dncumcnts such as contract doculllent,. illl'oiecs. purchase Qrd~r" clung.: orders and the
like: a!ld,
3, A Jellcr or notification certifying th:ll the reponeJ costs wcre in'curred ir. Ihe perf,mnarice 0;'
c1igihl: Ilork,
C, Gralllce r.1ay ad\'ance funds lillder Ihis Agrecl~lcnlto Suograntee not .:xcccdil\g the id<:r:tl shar~ i;'
Subgrantce mects lbe illllowing conditions:
3
l. Subgrantc~ shall demon~trate to Grantee that Subgrantet: has rrocedur~s in place to cn;ur~ that
funds arc disburSt:d 10 project \'cndors, contractors, and subcontractors without unnecessary delay;
2, Suhgr3nl~e shall submit to Grantc~ the budget supporting the n:quc:;t;
), Subgrantce shall submit a stalcmentjustifying the ad\':mee and th~ propDSi.:d use of Ihe iund,,;, ane
s;Jecifying Ihe amOunt of funds requested;
.1, Subgrallle~ shJIl submit a compietcd R~41F:st for Advance or Reimbur':I1l~r:l rorm; and.
5, Subgrantee 5h:1I1 pay o\'er In Grantee any interest earned on ad\'a~t~s for rCmitlance to tlte
Federal Emergency ~...!anage:11cnt Agcncy as ofren as practicable, and in :Jny e\'erH not !arer than ten (10) business days
aiier thi.: close of each calc-ndar quarter.
D, Subgralllt:c may ma:-e imi'ro\'ements to the pruject facility in conjunction with its n:sloration orlltc
i~lCi:ilY to ils prc-disilsla condition in accordance with ~..; C.F,R., Part 206 Wilh the prior \~rith:n a;>prova\ of Gran Ice,
E, In any ca;~ in which Subgranlcc certifies 10 Grantee in writing that the restoration of n damag.ed pubiic
1:!CiJity III its pre-disasli.:r eonJilion is not in the best inter~.,tllf rhe public, Subgrant~c :11:\l' request Granlee and t!1<:
Federal Erm:rgency Management Agency to aprro\'c an alt~rnatt project in accordance wi,h 4,1 C.F. R, )>a:1100 beror,:
rhe commencement of any work,
F, Gr:\otee nul', in its discrction, withhold its p()rti()l~ o;thc nonreJ~ral shart of funcing under thi~
t\grcclTIcitt froltl SlIbgrantcc if Grante\: has reason to t:qect a subsequent lInfa\'()rab~e GClcn:linatiOll by the Fec!.:r;.!
Emergency :Vlanagemcnt Agenc~' that a previous di,~)l;r;emenl 0: funds untler this Agrecri\<"n: w~, i:nprop~r.
.-\ HTICLE IX. Final Panncnt, Gra:acc shal! Ji"~'l:rsc: tho: tin::1 payment to S'Jbgr:\:Hci: \I;:OIl (hi.:
pc:rronmlll:e oft!ic follo\\ ing eonditi:lIls:
A, Subgrun~ce shall h:?\'c eO:llrletcd ti:e projcet;
H. Subgrantee sha!: hu\'e su:,r.liHcd th~ documentation ';leci!icd in Aniclt:s \'1 a:ld \'111 oi'tltis Ag,~ement;
C. In th.: casc or Large P~o~~c:s, lite Granli.:e shall hi!'.e pafC1;'nled the fln.:!1 in:ijx("tiun;
D, In the ('ase of S:11all t'rojccts, the Project Listing and Ce[[ifi~~Hiun shall h.1\;: be~r. r.:\'ie'h:d by Grantee, Or
Gr.lnte~ :i!E111 hJ\'(' per~onl1'=tl a finJI insp<:t:tion; ar:d,
F., SlIbgr.mlCC ,rail hay;: rqueswd final fc'imburseme:H
.,\HTICLE X. Records ~bjnl~nance, Tlle fl:nding vfcligihlc costs under ILis Agr.;;erncnt and the
per:onnancc of all oth~r condiliclns shall be Sllbj~ct to the folkl',\'ing requirements, in addition 1\.1 such Other nnd funl\'~r
re(j\iiremcl\ls as mil: bc imposed by o;>cration of law:
A, Th,: "L:niform Adm::listrati\'e Requirement; fc'r Grant; and Cooperati\'e ..\gret'lIl:rocs to State and Loc~1
G'J'.'cnlmems," as C'oditicd in 4-l C.r,R, Pan I J, as al1lcndcd;
[I, OUice of :v.ra:1:1gn:1Cl1l JOld Budget Cir('ular 1>'('" A-~7, "Cost Principles for State and Local
Go\'ernr:lcnts," as amended;
C, Office of:v. bnagcn1Cnl and l3;Jdg.:t Ciretllar ~ Q, A- j 10, "UJli fbr.11 '\dmini wati...-e Requirements i'or
Grants and Other AgreemenlS with Jnstilwions of Higher Education, Hospilal; and Olher ~()r:.l'rofit Organiza(ior","
~~ al1lel1d~d; nnd
D, Ofiic~ or :v.lanag':m<."nt ;lnd Budget Cirel;lar ~:o, A.121, "Cost Prillcipli:s for I\'v:;.Prolit Organizations."
4
as amend~d,
E, 5ubgrantcc will maintain all documclllation concerning the projects funded under this Agr;;:;;:mcnl llntil the
occu~rcncc of Ihe following events, whichel'er is the laler:
in the same; ur,
I, The completion of fin~1 inspectiun and iinal audit, and the final resolution 0: any issues identilied
2, nl~ expiration of three (3) years from the elate of tinal disbursement under Ihis Agreement.
F, Subgranree shall make all dOCllment:l1ion conccrci:lg the projects fund<:d under Ihis Agree..lcClI a',aibblc
and acces,;ihlc to thc Comptroller Gencral of Ihe United States, {he Grant.:c, and Ihe Fcderal Emergency ~lal1agcmcl1l
Agcncy between 8:00 a,l1}, and 5:00 p,m on weekd:IYs other thiln official holidays,
ARTICLE XL Reimbursement of Funds, rfupon tinal inspec:tion, final audil, or other rel'icw hy Grantee,
the federal Emergency \fan3gcment Agency or other authority d:':[crmine~ that the disbursemcrtls to Subgr3nlcc under
this t\gre~lllclH exceed the eligibk COSg, Subgrantee shall rei:nhllrse 10 Grantee th~ sum by which the total
disbursements exceed th~ eligible COSts within forty-Ii,'c (45) (by,; frorn thc daCe Sub!;rantee is rloli!'id ofslIch
d<:,emiination,
..\KTletE XII. Auelit. Subgrantee sha:! submic an Audit ofAgreef1l~'1l1 Compliance 10 G~,nlcc, and $hall
11Jl'e an indep'cndcr.1 audit pcrfor:1\cd by a Ccrtifid Public Accollllta:lI ifits 10lal expenditures of fccb:d Jinancia]
assistance: for the tn,)st recmt fiscal )'.:'ar cqual or c,~cced S500,OOD,OO,
A, Su:Jgrar.lcc lId: conduct th~' 3udit in accordar,ee with the f,lllawing requirements:
L TI;~ standard, established hy the Cllclplmller Ciencrai oflhe Lnj(ed States, a" s::,~ci:ied in the
Gc;:-.:rai .-\,'co'.llaing Ollke S1:lnJards fur :\~ldit ofGol'crnmCfllal Organil.;\li::-f)s, Programs, Actil'iti',:s and Functions:
, The sland:ll'J,; c~lablishcd by the A:l1erican !;15tilute ceCertified Public AceOI:r,tants:
.', Th~ r~q\lir~ll1cn:,;; 0;' ~ 11.42 Fla. St:IC" ;!Ild tbe Rulc) of [k Auditnr G~ncra::
.j, Th(: requirement.;; of the Sing!.: .\ildit t\c of 1984, 1''.1:), I.. 98,502. a, :m:l'l:dd, 3 ~ US.c. g
75():.75U7. to the e\!cnt I:~r~' ii,..pli~'able, and.
), Oflic~ of i\lar.ag('t;,~nl 3nd !:Judgct Circ'Jlar ~(J A-I 33, as amended, tll Ihe n:cn: here applicahk,
13, The audit shall be identl!'lco by lh~ seridl contrdct ider:tijicotion number Ii.)r this Agrcer:-1cnt. Iftne
Subg.a'mce is 3 ;.>ri\'a:e nc'npruiit orga:liZalion, it shall submit an organization-wide audit.
C. The audit shall be d'd~ nOl lJ:cr Ihan sevcn (7) months after the Ch.1SC of thc flsc~1 year ~'o: Subgrantcl'
except wher.: Gr;\Juce and SlIbgrantce h~\'c nll:tually agreed upon anolher dale,
D, Subgr;II::e(: shall cond'Jct sucl; additional audits a5 Gramc;; or the F~dcrJI Emcrgen(:) \l:tnagenlent
Agency 1iI:J)' dctcnnin:.: lIeeessar)' 10 dekrminc the adequacy, aceurJcy, 3nd rcliability of the internal ;,rnccdure,; Sub
gr.ln:ec has in place to prott'Cl ilS assets a:\d III en,urc compliance with this Agreement.
E, If thi~ :\gr~elncnt is closcd 0;:( II ilhollt an audit, Grantc;: may rr:co\w from Sllb~r<ln:ee ;;I:Y dis;;llo\\'ctl
costs identified in an i1l:uit afta such closcout.
ARTICLE XIII. :'\C1llromflli~nce, If the Suugralllce l'iolillC;; :his Agre:crnc'nt or any k~i51;tli()n. rcgu!alion,
st,llute. rule or other legal reqlliremclll ap;>licnblc to Ihe pCrfOmlJIlCe of this Agreern<:nl, Ihe Gr:ln:r::: I:~ay withhold uny
t!lsburscmcHt otherwise due Subgr;Jlltee :-cr the project wilh r~~pect to whieh lhe violation has oecu~ed unlil the
5
violation is cured or ha~ cchcr....ise come to tinal resolution, lfd:c violation i" not C'ured, Gr;u:lci: may tcnninate rhi,
Agrccm.:nt and in,'okc its remedies llJ1dcr the ,'\greel:l~nt as per Articles XVII! and XXII! ofthi; Ag;~emcnt.
ARTlCU: Xl\'. i'iondiscrimination b,' Contradors, Subgrantce "hall undemke an active program oi
non~iscrimina{ion in its administration ofdisas(Cfassistanct: ur.dcr Ihis Agreement, as per 44 C.F,R, Parts 7 and 16,
and 4': C.F,R Part 206, Subgrantec sh:lll also be subject to the requirements in the General Sc~\'ic':s Administrati\'e
Consolidaled Li;t o~'Debarrcd, Suspended and Ineligible Contractor.;, in accordance with 44 C.F,R Part 17,
ARTICI.E XV. "Iodification, 111<: time for pcrfornlanc.: orthis ,A,greement may be eXlcnded once unless
the failu~': of Subgrant:'c 10 close out the project i,; caused by e,'ents beyond it., control. A modifil;atioi1 extending th~
lime for C'om?lction oi the project ~nd any othcr l1:odJfic;J.li0n snafllJe in writiGg. and ,halltakc effect unly upon
t'Xecu:ion by both pani~5, :-"loJifications to any Project Work,;heet [0 be funded under this Agre-.:mcnl may be:
reque,;teJ by Subgranke through Granke, bllt the arpnn-al oi any Sl:ch moditi'~atiolls slwll resid..: in th.: s0k dis~retion
ui the Federal Emergency :-"lanagemcrll Agency, Any approved Inudilication HI a project Workshcet shall be: Ilotcd in
a SUi'pl(>:l\Wlal Project \V0r~shccl for [he pmj~C't, If otherwise allowcd under tbis Agret:mcnt, any cXlcnsion shall be
in wriring and shall be subject to (he same [(>nns amI conditions as those set out in the initial Agreement.
ARTICLE X\'1. Time for Performaner, Tim,;- shall be ot't!le essence of thi,; Al!n:ement alld of the
perform:lI1ce of all conditions under it. Subject to any modiflcati0n extending Ihe lime ior the perfomlance of this
Agreem<.'n\ appro\'ed by Grantee or the Federal Emergency :-"lJnage:11elll Agency, the time for th(.' perfom:anc~ of
emergency work SI1:1\1 be six (6) months from the date of the Presitknlial Declaration, The timc for lh.: periorlllance of
p'~rmanenl v. ork shi\;J be eighteen (18) months from the date of Ihe Prc,iJential DeclJration, FOI' Larg~ Projects the
So.:::H;\ary of Documentation and Ihe supporling documents idenliflcd in Ar1ick VI uf this Agreement shall b~
submi:tcd to the Gr~:1tee not later than sixty (60) days afrer the d:He nfthe last modiflealinn eXlellJillg the Agr~'emcnt.
S',;bgra::lee shall subrnitthc cO:l1plctcd Project Listing to Gr:wwe not bIer than Ihirty (30) d:lYs from th~' eO:ll?lclion oC
~;l \"('[1>, or ,~lC ap~r;j\'al ofthc Finallnspecti01l by Ih" Fcd~rili Ei:l.:rgcncy ;,'fa::agemcnl AgcI\(;Y. whid;e'.w is bler.
Th~ ,i::1C for the pcri(;nnance of this Agreement I1l:lY be extended for eilUSC by Gmntc~, Extcl1sion,; sh:IlI r::,)t be
a;.J;:t'()':cd f.:.or ,klays Cilused f'or lac;' of wsr,share funding. I r any extenSi,)Il request i, del:ied, Sllbgrantcc slull be
reim':lcrsed for ehsibIe project costs incurred up (() the latest 3pproved d;ltc for completion, failure to cOI:lplck any
project will b.: JJt'qua[c cause for the temlination of funding for tbat project.
,\RTlCLE :\:\'11. Contracts With Olhrr" Ifth.: SubgralHec contracts with any (':he; contractor or \'-:nd01'
for pe~fomlanCl: of ill! or any portion ofth.: work required unJ~r this Agrccmt:I\t, the Subgranl':C ~r.;lil ineOrp'Jrate in:o
it,; CQntr:lCI with ,;u~h ~iJn:ractor or \'e;),j'1r an imkmnificatioll clau"e h,1ld:ng Grantce and Su~'gral\k<: h~r.llkss from
li.ibilil)' ((') third par:ies for claim,,; asserted under sllch contract.
ARTICLE X\'1I1. Trrmination, Either of the parties may terminate this Ag.recmclll by nOli,;: in writi:lg
ddl',cred to the addr~;s sp<:;,;i!ied in Article XX\' of [his Agreement. SUdl [crtllin:lli:'lrl shall ta~e effect thirty (30)
d:l!;. ::ftcr the d:lle o:su('h notice, Such tcnninlltion shall not arIccl the rig!!t.;;. interests. duties or r(;spon;;ibilit:~s oi
e: :ha of th~ partics or any allowable eo:;ts Ihat h;lve accnl.::d as of Ihe <Jail: or (he notice of lcrtTHnu(ilJn.
ARTICLE :\:I:\:. LiahiIilv, Grantee assu:ncs no liability to third partii:s in conne;:lion wi!h this Agreement.
L',.iess the Subgr:lnlCe i,;; a govemml:nlal cnlity eo\'cred by S 763,28(5), Fla, Stat., the Subgrantei.: shall be solely
rcsponsibk 10 any and all contractors, vendors, and other panics with ",horn it contr;lcls in performing Ihis I\grc.:n;cnl,
L1:C5S the Subgramce is 3 govem:llcntn! entity within the r.l<.'a:ling of t!le preceding sentenc\:, SIJogralllec sh,1l1
in.1emn::y Grantee form claims n5serted by to third panics in conll~elion with the perfonnance of thi~ r\grCl:Clent.
h,)IJing Grantee und Suo gran Ice hannless fw:n the ~ame, AI,;o:
A, For tbe p\J'1>o-,c of this Agrecm.:nt. the Grantee and Subgrantcc agrce that neither on~ is ;In enlpl0yce or
J:!<.'m or lh~ other. bt:t that each one ,tan:!s as an independcnt contractor in relation to the other.
~ B. NOlhing in this Agreernent -,hall be cor;strueu as a waiver by Grnntt:e or Subgrankc or any legal
i:111l;ur;ity, nor shall anything in this t\~rcclll.::nl be c(ll1~truCll as consent by either of the pani.:; to be slIed by thi:d
prli~s i;] conneclion with any tllallt'r arising from the peri'omlilnct' of this Agrcement.
C, Sub);ralilee reiJr<:scnls that to the best of it:; knowledge any h:t2::lrunus su;"slan<:es ,ll if,; project Sil': or siies
6
arc present in qu.lIltities .... ithin StJtulOry and regulatory limita:ions, and do not require remedi:;1 action undet an)'
fcderal. stale Or local legal requirements concerning such subst:IrICt'S, Subgrantcc further represent> that thc prcsence
of any such substance or any condition at Ihe sitt: caused by the pre.,ence of any such subslance shall bc 3ddr~s,ied ill
accnrdallcc with allappJicabh: legal requirements,
ARTICLE XX. Reports, 5ubgwntce shall provide Quaner!}' Reporls 10 Crantee, on rhe Quanerly Report
Fonl1 conforming to lhe sam;J1.:: attached as Attachmcnt c:. TIi;: first Quarterly Report shall be due at such li;~le as
Subgranke is notified, All subscquent Quarterly Reports shall be dt;e no later than fiftcen (15) days arter each
t'aknd:u qu:mer lhrough tina! itbpccliCln, Quanerly Reports shall indicate the anticipated corr.plction dale for e~ch
project. together with ally other circumstances Ih:lI m:lY afiect lh~ completion dale, the >cope of work, the rrlJjecl
com, or any other lJ':lors that may affect compliance with this Agrcelmnt. Interim illspections sll:J!1 be schcd'.Jlcd by
Suogramce before the iim] inspection, and may be re\{uired by (irarotee based on in;ornlation sup[1licd in the Quarter!y
I{cpilm, Grantee milY rcquirc nddiliorlal repOrts n., needed, and Sll~grall!ee shall provide any addition,,] rc?ons
requestt'J by Grantee: as S()('II as p~acticabl~, With res;Jcct (0 lhe Reque,t for Advance or Rcil11bu[sen1cll~, lhe
SU'l1mory of Documcntation, and the Quarterly Rt'port:i. the COr:t:,ct for Granlce \\'ill be the S:Jte Pt.:blic :~ssi,tarlcC
Ofticer,
ARTICLE XXI. Sranrbrd Conditions, Suograllke agrees to the following conJitions:
A. The pcrforr:1:!~ce and obligation of Gr.lnlce t.) p:ly L:nJer this :\grecmcIIl is cOnlingcnt upon all nnm:;tl
ap;)r':lpriat:on by the L~gi5Ia(ure and loe disbur'::ll1~l1t to Gran;~e otfedcral funding in accordance \\ ilh ~ :.52,37(-1).
Fla, 51:1(,
B, 13ills rOf f~;:s or l>th"r CUr.1pensatiorl for s0r\'i~~~ or (',\;-:::nses nlU,i! be sU'Jr.litteJ in celail sufiicienl for n
prop::r pre-audit and post,audit.
C. Gr:lJl(,.:c m,iY tcr:nir.atC' tf~lS Agrecllle:nt 1'C)r r,'~-:ls,,1 ty t::e SU',1gfilrHl'e and il; i:UnlraCtors and
St:~'~Ollt;:lct()rS 1D n:km' ;llJbk: inS?eCii~)n of any record; si!':ljec. tn tl:.:: disclo,:.:re rcql:irellll':;cS ill ~ 119.0:( I), Fb.
SIal., Ih.1l are r~l:Jd;;- or rcc::i\'cJ by SllJgranlcc or its C(lr.tracItHS and subcontractors in ('{lr,n.::ctil>11 with Ibis i\grecc:;.:nt.
S'.lb"t:mtiaJ e\'idence of nonCOlllp:ia::(,'c by Subt:ran!::e or ils cor,traC(ors and suoccntractcn \\'i:h thcse r;:qll;,Crl1elll;,
shall C'('lnS{lLu:c 1h~ n..Jnp~rrOn11Jn:;c o!" a \""onditi";':l llrlt!~r this :\g:~\..'::ll.::H! cHid shall DC ad:.;~~u.:1~~ CJlJS~: for l;.'r:11i:l:J:;c'n.
D, Sub~ranlee af!rces lhat no funds dis~llr;cd to it ur.ccr th:s Agrcemcnt ",ill b~ used ror the pllrposo:: 0:'
lobbying the LcgislatUft' or any of it.i ~lclllbcrs, "ny el11llloyee l~:- t~c Sl:Jli: 0; FIQrida, ;Iny JI\e::1b~r Qt' CO:lgrcss, ~n:>
offi:er or c:llpJoyee of C()ngr~S5, or any enl;11oy~~ 0; J :'\le:nb':r 0: Conl;re~s, in connecli\.'n wilh Ihis Agreement or :iny
1~IOJification:; to this Ag:ecmenL
E, Subgrantc,: ccn:ii~s that it pOS;t'sscs th: legal 'Illl::ori::: to receivc the funJ;;.
, F, Subgrantce agrees that rcspom:bilily for eU:l1pJianc.:: \\'i:h this Agr\:emCIll rests with Subgranti:e. a:;d
f'ur:t:<:r ~grc~s lh:lt noncompliance wirh this Agreemenr sl:ulJ JC ~'au;c for the r<:,scissinn, stls,,~nsion or tenninaliclI oj'
fundi:.g under Ihis Agreement, <lnu may affect eligibililY for fU:1dini! u!:~er fuwre S\lbgramec .-\grec[;lcnt5
ARTICLE XXII. Term, This !\grccment shall t,lk.: cftCC'l upon its execution by bOI;; p.mies, ur;u shull
terminate l<jJon opprl,',a: of CIOSCOlH by the Federal F.::1Cr!j':nc;-' :-'bnagcr:1cnt Agency, unless lem1inaICd cadier:ls
spccified elsewhere in tl:i.; Agrcer:1t:I1t. Subgrar.tec shall COI:I1:1:nc.:: projc'ct(s) specified :,y this Agrc..::ment wi:l:,)u:
<.klay.
ARTICI.E :'\,\IlJ. [Hnts of Dt'falllr. Rt>l1lcdics, and Tertllination,
A, Uponlr.: o::currenC'l' of anyone or mOre of Ihe fol:0wing e"l:l~tS, alll1bligalion" of (,rantec l() di~bl:rs~
Curth~r funds und~r this Agr~eI11ent shaH tmniCl:Jte i\tthc optiol1 ofGr:l:1tct', Notwithstanding the pre~cJing .<C:1t\:I1:';,
(jr::llllc'c' may at its option cOl11inL<C to makc paym..::nl'; or portions c-!'~aymcnts aftcr lhe occurrence orany on,' or !Hore
7
such eVe-Ills without waiving the right to excrcise such rem~di;:s and without incurring liability for further payr:l,'n!.
Grante;; may at its uption terminate Ihis Agrccmcm and any and all funding undcr this Agreement upon the OCCI:rren~;;
of :J.ny one ur more: of the following:
I, Any representation by Subgrantcc in this Agn:ement is ina~curalc or incomplete in any matenJI
respect, or Subgrantce has breached any condition of this Agrecment or any pre\'ious agrcemelit with Gruntec and has
110: cl:red in timely fashion. or is unable or unwilling to meet its obligations under this Agreement;
2, Subgr:lI1tee suffers allY material advcrsc ch:lngt in its [inancial condition while this Agreement is
in effect, as compared tv its iinancial condition as rcprcsenl~'d in any rerons or other d~lcllments submitted to GrJntcc,
if Subgrantee has 1101 cured the condition within thirty (30) <.bys aftet nOlice in writing from Grantee:
J. Any rcpol1s required by this Agreemcnt have not been submitted to Grantee or h;lve becl!
submitted with il1Jccur;Jte, inccmplctc, or inodequJte infonnation; or,
4, The monics necessaty to fund Ihis Agreement arc unavailable due to ilny failure to appropriate or
othN aClion or inac~ion by the Congress, Legislalure, Office o:tb,,' Comptroller or Oflicc of :>hnagernent ar.d Budgn
B. Upon the OCCurrence of any onc or more oCthe fullowing events, Grantec may at its option givc notice in
wriling to Subgrantce to eure its failure of pl:rformance if sllch failure m:!y be cured, Upon the failure or'SuJgrant;:e
to cure. Grantec lTI'-IY exercise anyone or more of th~ following remedies:
I TCi'r.'linalc this ,-\gre~mcnl upon r,i.llless than fii1(:cn (15) days notice of such tcnnina:ion by
cenified letter to the Suogrant;;c althe address specilicd in Artide x.xv of Ihis Agrel:ment. su~h noticc to takc eifee:
\, hen dcli\ ered to Subgran:ee;
2, Coml~lencc a legal action for the judicial enforccmetH of this AgreC:'mem;
3, Withhold the disbursement of any paym,:nt or any ponion oi a pay:ncnt o(:ler.vi;e OllC nnd
paya:;l<: under this Agr;;era;;nt or any other Agre~rn<.'nt with Suhgrant.:c; and,
4, Tl~:; ally dhcr r,'r.led:al ;Jctioll$ l;-,at .:~ay 0,ha',\'i5-: be i1\':J.ibbl:: undet lJ'.\,
C, Gramec may I~mlil~at~ this Agreement for allY misreprcsclIt:Jtiun of material facI, lur failure or :1On-
p~rf()nmlll;:e of any ,o\gre~:n;;nt condicion or ohligatio.., or for noncoil:pliance with any applicable h:g;J! requireme:u,
D, Resci;;s:ol1. su,?~nsion or termination of thi, ..\grecn~<.':1l shail conslitut,~ final aCli,'n by the Grn1\tce '.\ ilhill
the rr.eal:inif of lhe Ad:l~inislrali\'c Procedure Act, il5 amended, i-:otwithstanding thc preceding ~enttn;;e. :J.ny
d~obljg,ilivn of fl:nds O~ other determination by th~ federal Emcrgency \lJnagemcnt AgcJ1l:Y sh:lll be adurcsscJ in
;J~Cord:llh'C with the re~:ilati(ln5 ofthal Agency,
E, L:pvn the r~,ci,sion, suspension or termination of this i\g~(:ernent, thl.' Su~gr'-lnte-e shall rcf:Jnd to Gr:mlc'~
<!oil funds disGursed to Sl:bgmr.tce umkr this Agreement.
F, The venue of an~' accion or proceeding by eilher Granlce Dr Subgralllcc f(lr cnfor;;e-m~lIt of this Agrcelll<'rll
Or for a'djuuicalion ofrigr.ts, imeresls, or dUlies of the pal1i.::s 10 it shall lie in Leon County, Stali.' offlorida,
G, !\ot\\'ilh:;tJodins anything to the contrary dscwhere in Ihis Agrce;mnt, the rcsc:ssion. slispi:nsion or
tcr.llinatjo!) lJClhis Agrc.:'Jl\cnt by Grantec shall not relic\'e Subgranli.'c of liability to Grantee for lite rcstiluti,m of
funds ad\':Lnccd to Subgrallt<'~ u:1d.:r this Agr~<'ment, and Grank'e may set off any sllch funds hy witltboklinf! futl.ri:
cisburscmenlS otberwise du<.: Subgrante-c l;nc..ler this t\g(l~e-m;;nt or any other Agreement Unlit sllch ti,ne as the c,\act
an:OUIH oireslitution dut: Gralll<'C from Subgrantee is di.'lcrmined, In l!IC e\'enl thi.' Federal Elllergi.'ncy :-'lanagen;c.,t
Agent\. shvuld dcohlil'il:e funds ioml~rlv allowed uIIJ(;r this A\!rcenli.'nt Or (:ndcr all\' other A"~ccll1eJlt iUI1(~'~d b\' the
Agenc;" ;lnd aJll1ini,tc~...J by Grant1."C. lh~n Subgrantee shall i:n~li.'dialdy repay sueh' funds to Grantc<" l!'thc '
SUDgramee fails to rep3y any "uen fum]:;, then Grantce may rCCOi'cr the sai:le from funding O(:i,~[\\'isc due Sub.;rJncce
ARTICLF: XXIV. Att;Jchments,
.-\, All attach:l:ellls to this Agrccmer.t arc incorporati.'d into Ihis AgrcemetH by reference as ifsl,t out fully III
thc ccxt of t:l': Agreement it;c1f.
8
B, In thc event of any inconsistencies betwcen the languilgc of this Agrcement and Ih.:: Allachmt:nts 10 ii, th..:
language of the Attachments shall be conlrolling. but only to the extent of such inconsist~ncics,
C, ll.is Agreement has the following aIlJchmcnt;:
I. AIlJchment A "Request for Au\'ance Or Reimbursement"
2, Attaeh;Jlent B "SummJry ofOocumclltatiun of Expel15cs Claimeu"
3, Attachment C "Quanerly Rejlort Fom]"
4, Attachment D "Subgrantee Am:ual13udge: Projection Form"
:'\ote: All other grant administrative furm; wi!l be providcd by Grantee as nceessa!)' or posted on
the DE\-I wd::sitc: l\W\\'.f1oridadisas(er,org, The $Ubgranlce may be pro\'idccllhe option of using electronic fOr:115
placed on our Intcmc( based document m3nager.1Cnt system at: tllr:/!dcg<;nlcrr.rise,eoconline,org.
ARTICLE XXV. !\'otice and Contacl, .AII flulice, umb Ihi" I\grcem:.:nr shall be in wriling and sh:l~1 be
delil'Cfed by Inlcrn~t. by relt:facsimik, by hand, or by eenifit:d kiter l(l (he follo\\'ing r~specliv", addrcss~s,
FOR THE CR..\:\TEE:
\\" Craig Fugate, Ojr~c[Qr
Dil'ision of Emergency \bnagc:nent
lkp.1rtmcnl of Community Affairs
2555 Shumard Oai; Blvd
Ta:Iahasse.::, Florida 32399.2100
FOR THE SLI3r.R.-\:\TH:
-. '-"---'-"-
-.....----..-.-- .-.
-'-"--.'-'-"-"-
-"--. - '-"-'-....
--. ----. -.. '---' -
ARTICI.E XX\'1. Dc~i~nllrion of ,-\uenl. Stl':lg.~a:1'.ei.' I:cre'~y l!C'sig.na:~s _, ,_ _ .._,
as its primary af:.~nt. and (ksignati.'s __,_,__" _, as it:; a:a:rnat: agi:r.l, to (,'XCC\HC all)' Regut':'l
~or r\c...arh:e or Reimb\:rsem<:nt. ccnifi\:a:ion, or ('\hcr ne..-essary dl1CUm,'nl~lion.
J:\ WITi\ESS II EREOI-". the (iranl..:e al~d Subgranlee hale eX"l'Ulcd thi" AgrC'em~n("
FOR TflE r.R.-\:\TEF.
FOR THE SCBr.lt.\:\'TEL
DEPART\lE:\T OF CO\I\ll'NIT'" M:FAIRS.
S\:lI;: at' Florid;!. By:
(SlIbgranleCj
\\" Craig Fug:ltc. Din:~'lor
Oil isioll of' Emergency :o.lanagmlent
(:o..'um.:)
(Tilit')
(O:\.c)
!JlI':>lic AS'L~tar.ce Progr:ll11
Program
--._- --. -~---_."-
(lJ:Il':)
Fcdt'ral F.n;plo~ cr ld~ntiiie,\li()n :\\I:t~ber (i-'EI:\.l
9
FLORIDA DIVISION OF E:\IERGE!,;CY :\lA~AGE:\lH':T
ATTACH:\IE:oiT A
Request for Ath'ance or Rcimburs~mcnt for Public Assistance Funds
SUBGRAi'TF.E NA:'>lE:
---'--.--.---
DEe NO:_
ADDRESS:
-.------.
._----+--._--
FIPS NO:
-- -"---.
p:\ Y\IENT 1'\0:
DCA AGR.EEME:\T NO:
I USR ! DC." L;SE O:--:L Y
ELI(jllllE I rll E V)Ol:S CLRRE~T !
.-'I~IOl]I'T I'A Y~j;.S-;-S RF.QUES-;- ^rPRr::q:::)
HUt p., Y,\~C:~~7 (\I'\!'~C:~T.)
P\\', - - --- I I
C\HGORY - - I
G" ((,l:'\.(f"L[~'E - - I I
! I
:'W.:: ,.. - - I
(',\ n:;:;OR Y -.. -- J I
;:,,("(i~1:'LETF. - -
I I I I !
I 1'\\.";;/ ..-. ,-
Co'\ :"(\.j0k Y ! I
- ,- I I
~~'\:i'LE7F. i
--
! ,
?\\~.. .-- .-
I ;
,-
---.--.---- --
,
I
I
--'--1
I
, ..\ I L"O;l.'
~ . CCI\l:'L!::TF
,j'......u._..._
I CH,"'"
-, ""\\1'1 ''1''-
.. '-'_. . .Lo.L__ .._
TOTAL CURRE\T REQnST S_
I ;:~r:;('.' t.:,:,~ :,,~ :h~ h~:.l u:~ nw kr,vwkd~c ar.J :,cli.;:r :r.c ah')\-l,; "':CTHJ:-::S ar~ ~ur; :.<:1 J.rld I:-:'J.t atl J:~!Jt.:r:.:-tJt(,;:"a5 W':r..: n:.Jc-: in .J.C'('vn.b..::~ '" ;::: :1: I
cnlljili~~:-.5 Oflhl: LJC.~ ;ig:Cf-m'::;1 and p.a)m~r:(;:i dm: :\r.d :i3$ ,lot :')Ccn prC\:t)t:sl~ rcquc.sh:;l for Ir...:'sc :lI~lO~~r.I.i.
SU3GRANTEE Sl(j~ATL'RF:
----'.- -"'--.'-.--'.-'-
:-.'.,\\IF. .-\:\D TITLE:
_. -- .-- ---."--"-
DATE:
TO ns CO:-.tPl.HEO BY D:':r..1,Rn~E~T OF Cm[~n:~rry i\l'fAIRS (DC,\)
,,\Pl'il,O\TO ;::Oi~ p.-\ Y~:E:-":-
,\~)" 1J>: IS 1 R..,\ TI \'f. COST
s
-,_. - GO '. 'EK.-'; OR ,S'AL:THCIIUZm RE::PiU:S [;\T,n; \T
TOT AL I'A YM[~T
D,,\T;;
10
,FLORIDA DIVISION OF E~JERGE~CY :\lk"iAGEMEJ\T
ATTACH:\IF.:-.IT B
Sl:\I.\IARV OF DOCl'i\lE\'TATIO,'i OF A:\IOU\'T CLAI.\IED FOR ELIGIBLE DISASTER WORK (SOD)
Date:
Subgrantee:
Disaster #:
FIPS#:
PrOject Worksheet (PW) #(s):
A~~,':.::nl's Re(tori!r"CB # De'l'.jeil Ca:e :f C:CCU~.!~NTA~IQt! A~pl;r.c1"': II
II C'//;I!,"a/ll, Vouc.-..e,. Claim Of ;rr.:cJeSor list Documentation CA:.ol'ca"ll pa,'r:::Il. ma:eriaf Cl..: "f appEc.1nt stock. a;)~lic..1nt.o....ned F.I..;i~i-e Cc.s;)
S;:r,.:ful. ,,; p~,1"fJTance :Jf equij::rr'tmt an~ name of vend:;r cr ::.or.:rac!cr) by c31eljory B:'d lino itil'f ;.-:.I..~e ap::rO\9j \S~5j
se/"\i:tls. Crcjecl &);ll;car~(I. and ~i"e ;I :,191 :je5cr~.nlic:n of Ire arlicJos cr ~e""\'lces, i:
11
il
r
II
I II
i r
I , ,I
j:
'I !I
,
,
;
I ji
'I ,
I ,I
I :
~I ,
II
'I !I
I I:
! , ;1
I I:
, ~
i L
I
II
) Paqe Subtotal ! II
,
Current Expenditure Request (All Pa~es) jl
Total PIN Amounts for all Approved Versions
I Over or Under Run (Final SOD Onlv) j
UPDATED: r\pril 17,2003
Page_ , of
Pages
J I
FI.ORIDA DEPARTMENT OF COMMUNITY AFFAIRS
mVrSION OF 1';~1ER(;ENCY MAi\'A(;E.'1ENT
SUBCRANTEE QtJARI'EIO.Y REI'OIH FOR\1
^'ITACIII\IE:-iT C
SuhgrantCl::__,
FIPS:
Disastn 1\0, H:\1!\-_,_..,_-DR-FL
ReprCSCl1lativc:_,
.. I'hol)e:j...._J
Slate GraJlts Manager:
Quarterly Rcporll'criod: _Jan-Mar.., ,_ ^rr-Jllll ,_ Juf-Scp _Od-I)cc
Date Submitted:
i"Projecl '(:alcgnry r-X,~ticiralCd ) 'J~'~~~~ ..-- ,-,- Slatus/R~marks!. ----,-..
l=~_1 ~cm:i,~~'i"" ~c:'~P"'" i~:===__
--- --=1-- !-----I
- , ,--. ..,,-;-- ,--1 .. '---0---
,=-=:-:--I---=-~ --T---~-~-:~---==---- _=:===----
-- =L: _--==__4=-_=_ ---- -:=~---- =-=--~--
~-l:-t~___=-J==_
--- .--. -----...--...-.--.
..-.-.-.---..--.
.---.----..--..--.--.-
. Reflects work completed on lhe physicd pn,jccl. Jnl",rl1lalinll is rC'lllil'l'd fnr FF\1^ Oll;lrlnly !{l'p"rllllg by lhc Grantee,
h L'litizc this to repl\l't pnk:lllial ddays, oVl'l'illJ1derruns. ell'.
12
FLORIDA DEPARTMENT OF COM MU;'-;ITY AFFAIRS
I))VISION OF EMERGENCY MANA(;EMENT
SUBCnA!\TEE ANNUAL BlJJ>(;KI' l'J{().IECTlON FOR"1
ATTACIIJ\l EN'I' I)
Subgranlec:_ _..____..'
F1/'S:
Disaster No. FEMA-_
-TW-TT
!{cprcselllativc:_..,
I'hone:_L,_J ,__.. ...__.__"
Slale Granls Manager:
Slate Fiscal Y L'ar:
D;ltc Submitted:
[ d,~~:;~ L! c",;gl~:"~~~~;:~~ j c~~:~,~, r - -- --~diU;IR'U""k;J----r-~~~::~1 ~:~~;~I J;:~:;' i ~:',~~" ]
IV"'iO<<(~__ - ---- - -- ---1-- ------------j-------=L---,---I---
- j---I------~~~i-~~-I-~I=--=--I-=~.
- - --~i~ ,-1-- m-- i ----- I=---=F~ ----ll-=+--~-+-=~
1--~----1=- -~--r--f--,---,--,- "
! - ---- , --- --- j- - I __ji___ --'----[ r- -I---j
,--,--..-L__~,____L___, --.. ......-, ,___ ..____,_ ,~___ ,_;,_ _, _1._...._
"Rclll'CIS work ('(lll1plcted 011 the playsic:d projl'd I,' datI:, Inltl1'lll;,lion requirL'd ftl(' the Stale's Fisc.1 Yl'ar Iludgd I'rojectiolls, Due six Illooths rrior to Ihe
COIllIllCIICL'llll:nl of Ihe llL'W Slatc's Fiscal Y car',
.1 lJliJii't: Ihis 10 n:pOf'1 p(lI(~lIlial (kbys, ovcr/lllldanlllS, Failure hI acculakly pmjt:L'\ qllarh:r1y n\.'t:ds Inay ;,ffccllllc availahility offllnds ill a quart(~I. which is
thl: b:ISis of k-!;isbtivc Irqllesls l~'r statc malch fllndill!', :ll1d flodcr:ll pas,; IlInlllt',h ;tlllhorilV,
I~
~l
RESOLUTION NO. 2004-53
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, APPROVING TWO
DISASTER RELIEF FUNDING AGREEMENTS BETWEEN
THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE
CITY OF WINTER SPRINGS, THESE AGREEMENTS ARE
IDENTIFIED AS 05-PA-G%-06-69-02-770 AND 05-PA-E=-06-
69-02-521 RESPECTIVELY, AND APPOINTING AN
AUTHORIZED AGENT UNDER THESE AGREEMENTS AND
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND FOR AN EFFECTIVE
DATE.
WHEREAS, the recent hurricanes had a devastating impact upon the City of Winter Springs
and the State of Florida, and
WHEREAS, the President ofthe United States declared the existence of a major disaster in
all counties ofthe State of Florida, resulting in a Public Assistance Programs being established; and
WHEREAS, the Public Assistance Programs provides federal financial assistance for
eligible disaster relief activities, as determined and approved in the Agreements between the Federal
Emergency Management Agency and the State of Florida, ("FEMA-State Agreements); and
WHEREAS, the City of Winter Springs is an eligible sub-grantee under the FEMA-State
Agreements, and to participate and receive funding the City must enter into Disaster Relief Funding
Agreements 05-P A-G%-06-69-02-770 and 05-P A-E=-06-69-02-52I (hereinafter "Agreements") and
appoint an authorized agent, responsible for receiving notices from the State of Florida, executing
official documentation (request for payment, time extension requests, etc.) on behalf ofthe City and
ensuring documentation is available for final inspections and audits as required by the Agreements;
and
WHEREAS, the City Commission ofthe City of Winter Springs deems that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1.
Recitals: The foregoing recitals are affirmed and incorporated as part of this
resolution.
City of Winter Springs, Florida
Resolution # 2004-53
Page 1 of 2
~
Section 2.
Section 3.
Section 4.
Section 5.
Desif!nation of Authoritv. The City's Mayor, John F. Bush, shall have the
authority to execute, on behalf ofthe City of Winter Springs, Disaster Relief Funding
Agreements 05-P A-G%-06-69-02-770 and 05-P A- E=-06-69-02-521.
The City Manager, Ronald McLemore, shall have the full authority of the City
Commission to receive all official notices and payments under the Agreement and
shall be responsible for signing all documentation sent from the City to the
Department of Community Affairs relating to funding and administration of the
Agreements, as well as any and all inspections and audits, as required by the
Agreements.
Repeal of Prior Inconsistent Resolutions: All prior inconsistent resolutions
adopted by the City Commission are hereby repealed.
Severability. If any section, clause, phrase, word, or provision is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, whether for
substantive or procedural reasons, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the validity of the
remaining portions of this resolution.
Effective Date: This resolution shall become effective immediately upon passage
by the City Commission of the City of Winter Springs, Florida and pursuant to the
City Charter.
DONE AND ADOPTED in regular session of the City Commission ofthe City of Winter
Springs, Florida this 25thday of October 2004.
ORENZO-LUACES, City Clerk
D AS TO FORM AND
ICIENCY
Anthony A. Garganese, City Attorney
G:\Lawyer\jeffb\City of Winter Springs\Resolutions\Hurlcanne_Relief_Reso.doc
City of Winter Springs, Florida
Resolution # 2004-53
Page2 of 2
State of Florida
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05-PA-G%-06-69-02-770
CSFA No. 52600308;
CFDA No. 97.036
Subgrantee: Winter Springs, City Of
FIPS No. 117-78325-00
This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to
as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as
the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions:
A. WHEREAS, Hurricane Frances beginning September 1, 2004, and thereafter, had a devastating impact
upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the
Governor in Executive Order 04-192. In consequence of the Event, the President of the United States on
September 4, 2004, declared Major Disaster No. FEMA-DR-1545-FL in all counties in the State of Florida. As a
result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and,
B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency
Management Agency governing the use of such funds requires the State to share the costs eligible for federal
financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHEREAS, The Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein and agrees to comply with all the requirements of this Agreement; and,
D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal
government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon
the terms and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department
has authority to administcr fcdcral financial assistance from the Agency conscqucnt to a prcsidential declaration of
disaster.
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the following:
ARTICLE I. Definitions, As used in this Agreement, the following terms shall have the following
meanings unless another meaning is specified elsewhcre:
A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. ~ 5121-5201;
44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement dated September 4,2004, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-1545-DR-FL.
ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
1
on the generality of the foregoing, the requirements of44 C.F.R. Parts 13 and 206, and the policies of the Federal
Emergency Management Agency.
ARTICLE III. Fundin!!: and Insurance. Grantee shall provide funds to the Subgrantee for eligible
activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in
the approved Project Worksheets, Allowable costs shall be determined as per 44 C.F.R. Parts 13 and 206.
A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets
may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project
Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy-
five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the
Florida Legislature, the Grantee may provide some portion of any non federal share for local government and private
non-profit Subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any
nonfederal share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal
Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant
to this Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded
under this Agreement where insurance is available and reasonable, Subgrantee shall provide Grantee with a certificate
of such insurance as a condition to funding under this Agreement.
ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under
this Agreement.
A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.
Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other
source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment
from Grantee, to the extent of any such duplication.
B. In the event that Grantee should deternline that Subgrantee has received duplicate benefits, by its
execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial
Services of tile State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Compliance with Environmental. Plannin!!: and Permittin!!: Laws. Subgrantee shall be
responsible for the implementation and completion of the approved projects described in the Project Worksheets in a
manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any
project undertaken by Subgrantee, and any land use permitted by or engaged in by Sub grantee, shall be consistent with
the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order
complies with all applicable planning, pernlitting and building requirements. Sub grantee shall engage such competent
engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure
that the project complies with the contract documents,
ARTICLE VI. Reauired Documentation. Reviews. and Inspections, Subgrantee shall create and
maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet
sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements.
Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding
under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee,
2
together with any and all accrued interest.
A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for
this declaration is $54,100).
I. A Request for Advance or Reimbursement conforming to the attached sample.
2. A Summary of Documentation Form conforming to the sample attached to this Agreement as
Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like;
3. A request for final inspection;
4. A signed Project Completion and Certification Report upon the completion of all projects; and
5. The Project Completion and Certification Report specified by Paragraph B of this Article,
B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work
was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the
date of completion,
C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large
Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets,
Costs not within the approved scope of work shall not be reimbursed.
ARTICLE VII. Cost Sharing, The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be seventy-five (75) percent, unless a higher percentage is approved, of such costs and the
nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such
costs is contingent upon a potential future State appropriation defining the apportionment of the non federal share.
Administrative costs in addition,to the Project Worksheets that are otherwise eligible under 44 C.F.R, Part 206 and do
not require matching funds may also be funded by FEMA.
ARTICLE VIII. Payment of Costs, Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal and non federal shares of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution ofthis Agreement and formal notification by the Federal Emergency
Management Agency of its approval of the pertinent Project Worksheet.
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Subgrantee has delivered the folIowing documents to Grantee:
1, A Request for Advance or Reimbursement Form conforming to the sample attached to this
Agreement as Attachment A;
2. A Summary of Documentation Form conforming to the sample attached to this Agreement which
shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the
like; and,
3. A letter or notification certifying that the reported costs were incurred in the perfomlance of
eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
3
. .
I. Subgrantee shall demonstrate to Grantee that Sub grantee has procedures in place to ensure that
funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay;
2. Sub grantee shall submit to Grantee the budget supporting the request;
3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and,
5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the
Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days
after the close of each calendar quarter.
D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the
facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee.
E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public
facility to its pre-disaster condition is not in the best interest of the public, Subgrantee may request Grantee and the
Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before
the cornmencement of any work.
F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this
Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement was improper.
ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Sub grantee upon the
performance of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement;
C. In the case of Large Projects, the Grantee shall have performed the final inspection;
D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or
Grantee shall have performed a final inspection; and,
E. Subgrantee shall have requested final reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
performance of all other conditions shall be subject to the following requirements, in addition to such other and further
requirements as may be imposed by operation of law:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 C.F.R. Part 13, as amended;
B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-II 0, "Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,"
as amended; and
D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations,"
4
as amended.
E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the
occurrence of the following events, whichever is the later:
1. The completion of final inspection and final audit, and the final resolution of any issues identified
in the same; or,
2. The expiration of three (3) years from the date of final disbursement under this Agreement.
F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under
this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
determination.
ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrantee will conduct the audit in accordance with the following requirements:
I. The standards established by the Comptroller General of the United States, as specified in the
General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of S 11.42 Fla. Stat., and the Rules of the Auditor General;
4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. SS
7501-7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee
except where Grantee and Subgrantee have mutually agreed upon another date.
D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Sub
grantee has in place to protect its assets and to ensure compliance with this Agreement.
E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed
costs identified in an audit after such closeout.
ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the perfonnance of this Agreement, the Grantee may withhold any
disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the
5
violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F .R. Parts 7 and 16,
and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless
the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the
time for completion of the project and any other modification shall be in writing, and shall take effect only upon
execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Sub grantee through Grantee, but the approval of any such modifications shall reside in the sole discretion
of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in
a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be
in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement.
ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the
performance of all conditions under it. Subject to any modification extending the time for the performance of this
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of
emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of
permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the
Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement.
Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of
all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later.
The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be
approved for delays caused for lack of cost-share funding. If any extension request is denied, Subgrantee shaH be
reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any
project wiH be adequate cause for the termination of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Subgrantee shaH incorporate into
its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee hamlless from
liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such tennination shaH take effect thirty (30)
days after the date of such notice. Such termination shaH not affect the rights, interests, duties or responsibilities of
either of the parties or any aHowable costs that have accrued as of the date of the notice of termination.
ARTICLE XIX. Liability. Grantee assumes no liability to third parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by S 768.28(5), Fla. Stat., the Subgrantee shaH be solely
responsible to any and aH contractors, vendors, and other parties with whom it contracts in performing this Agreement.
Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall
indemnify Grantee form claims asserted by to third parties in connection with the perfonnance of this Agreement,
holding Grantee and Sub grantee harmless from the same. Also:
A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or
agent of the other, but that each one stands as an independent contractor in relation to the other.
B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shaH anything in this Agreement be construed as consent by either of the parties to be sued by third
parties in connection with any matter arising from the performance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
6
are present in quantities within statutory and regulatory limitations, and do not require remedial action under any
federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence
of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in
accordance with all applicable legal requirements.
ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as
Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each
calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each
project, together with any other circumstances that may affect the completion date, the scope of work, the project
costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by
Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly
Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports
requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the
Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance
Officer.
ARTICLE XXI. Standard Conditions. Subgrantee agrees to the folIowing conditions:
A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and the disbursement to Grantee offederal funding in accordance with S 252.37(4),
Fla. Stat.
B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a
proper pre-audit and post-audit.
C.' Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and
subcontractors to allow public inspection of any records subject to the disclosure requirements in S 119.07(1), Fla.
Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement.
Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements
shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination.
D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of
lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any
officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any
modifications to this Agreement.
E. Subgrantee certifies that it possesses the legal authority to receive the funds.
F. Sub grantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and
further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of
funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements.
ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall
terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as
specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without
delay.
ARTICLE XXIII. Events of Default. Remedies. and Termination.
A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse
further funds under this Agreement shaIl terminate at the option of Grantee. Notwithstanding the preceding sentence,
Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more
7
such events without waiving the right to exercise such remedies and without incurring liability for further payment.
Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence
of anyone or more of the following:
I. Any representation by Sub grantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Sub grantee suffers any material adverse change in its financial condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee,
ifSubgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate information; or,
4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or
other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
B. Upon the occurrence of anyone or more of the following events, Grantee may at its option give notice in
writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee
to cure, Grantee may exercise anyone or more of the following remedies:
I. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by
certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect
when delivered to Subgrantee;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment or any portion of a payment otherwise due and
payable under this Agreement or any other Agreement with Subgrantee; and,
4. Take any other remedial actions that may otherwise be available under law.
C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement.
D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within
the meaning of the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any
deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in
accordance with the regulations of that Agency.
E. Upon the rescission, suspension or termination of this Agreement, the Sub grantee shall refund to Grantee
all funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Sub grantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
termination of this Agreement by Grantee shall not relieve Subgrantee of 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 or any other Agreement until such time as the exact
amount of restitution due Grantee from Subgrantee is detennined. In the event the Federal Emergency Management
Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subgrantee shall irnmediately repay such funds to Grantee. If the
Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee.
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in
the text of the Agreement itself.
8
B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the
language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
C. This Agreement has the following attachments:
1. Attachment A "Request for Advance or Reimbursement"
2. Attachment B "Summary of Documentation of Expenses Claimed"
3. Attachment C "Quarterly Report Form"
4. Attachment D "Subgrantee Annual Budget Projection Form"
Note: All other grant administrative forms will be provided by Grantee as necessary or posted on
the DEM website: www.t1oridadisaster.org. The subgrantee may be provided the option of using electronic forms
placed on our Internet based document management system at: http://dcaenterprise.eoconline.org.
ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be
delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Cornmunity Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
Ronald W. McLemore-City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, F16rida 32708
ARTICLE XXVI. Desil!nation of Ae:ent. Subgrantee hereby designates Ronald W. McLemore
as its primary agent, and designates Timothy Lalla thin as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, or other necessary documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State of Florida, By:
(Subgrantee)
'~7.~
(Name) J o. F. Bush
Mayor
(Title)
W. Craig Fugate, Director
Division of Emergency Management
(Date)
Public Assistance Program
Program
(Date)
59-1026364
Federal Employer Identification Number (FEIN)
9
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
A TT ACHMENT A
Request for Advance or Reimbursement for Public Assistance Funds
SUB GRANTEE NAME:
DEC NO:
ADDRESS:
FIPS NO:
PAYMENT NO:
DCA AGREEMENT NO:
DSR DCA USE ONLY
ELIGIBLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
FOR PAYMENT COMMENTS
PW#
CATEGORY -
% COMPLETE
PW#
CATEGORY -
% COMPLETE_
PW#
CATEGORY -
% COMPLETE_
PW#
CATEGORY -
% COMPLETE_
PW#
CATEGORY -
% COMPLETE_
TOTAL CURRENT REQUEST $
I ccrtifY thaI 10 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 (DCA)
APPROVED FOR PAYMENT $
GOVERNOROS AUTHORIZED REPRESENTATIVE
ADMINISTRATIVE COST $
TOTAL PAYMENT
$
DATE
10
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT B
SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD)
Date:
Subgrantee:
Disaster #:
FIPS#:
Project Worksheet (PW) #(s):
Applicanfs Reference # Delivery Date of DOCUMENT A TION Applicant
(Warrant. Voucher. Claim or articles or List Documentation (Applicant payroll. material out of applicant stock. applicant-owned Eligible Costs
Schedule #) perlonnance of equipment and nama of vandor or contractor) by catagory and line item in the approved ($$$)
services. project application and give a brief description of the articles or services.
Paqe Subtotal
Current Expenditure Request (All PaQes)
Total PW Amounts for all Approved Versions
Over or Under Run (Final SOD Onlv)
UPDATED: April 17, 2003
Page_of_Pages
11
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUB GRANTEE QUARTERLY REPORT FORM
ATTACHMENT C
Subgrantee:
FIPS:
Disaster No. FEMA-
-DR-FL
Representative:
Phone: ( )
State Grants Manager:
Quarterly Report Period: _Jan-Mar _ Apr-Jun _ Jul-Sep _ Oct-Dec
Date Submitted:
Project Category Anticipated Percent StatuslRemarksb
Worksheet Completion Complete"
Number & Date
Version(s)
a Reflects work completed on the physical project. Information is required for FEMA Quarterly Reporting by the Grantee.
b Utilize this to report potential delays, over/underruns, etc.
12
'-,
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUBGRANTEE ANNUAL BUDGET PROJECTION FORM
ATTACHMENT D
Subgrantee:
FIPS:
Disaster No. FEMA-
-DR-FL
Representative:
Phon~: ( )
State Grants Manager:
State Fiscal Year:
Date Submitted:
Project Category Anticipated Percent Status/Remarksd Jul-Sep Oct-Dee Jan-Mar Apr-Jun
Worksheet Completion CompleteC
Number & Date (Year) (Year) (Year) (Year)
Version(s)
C Reflects work completed on the physical project to date. Information required for the State's Fiscal Year Budget Projections. Due six months prior to the
commencement of the new State's fiscal Year.
d Utilize this to report potential delays, over/underruns. Failure to accurately project quarterly needs may affect the availability offunds in a quarter, which is
the basis of legislative requests for state match funding and federal pass through authority.
13
,-
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05-PA-E=-06-69-02-521
CSFA No. 52600308;
CFDA No. 97.036
Subgrantee: Winter Springs, City Of
FIPS No. 117-78325-00
This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to
as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as
the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions:
A. WHEREAS, Hurricane Jeanne beginning September 26, 2004, and thereafter, had a devastating impact
upon 'the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the
Governor in Executive Order 04-217. In consequence of the Event, the President of the United States on
September 26,2004, declared Major Disaster No. FEMA-DR-1561-FL in all counties in the State of Florida As a
result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and,
B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Fcderal Emergency
Management Agency governing the use of such funds requires the State to share the costs eligible for federal
financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein and agrees to comply with all the requirements of this Agreement; and,
D. WHEREAS, the Grantce receives these grant funds from the State of Florida and the federal
government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon
the terms and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considcred to provide for the
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department
has authority to administer federal financial assistance from the Fcderal Emergency Management Agency
consequent to a presidential declaration of disaster.
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the following:
ARTICLE I:" nefiriitions. As used in this Agreement, the following terms shall have the following
meanings unless another meaning is specified elsewhere:
A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. ~ 5121-5201;
44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency.
1
B. "FEMA-State Agreement" is the agreement dated September 26, 2004, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-1561-DR-FL.
ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal
Emergency Management Agency.
ARTICLE III. Funding and Insurance. Grantee shaIl provide funds to the Subgrantee for eligible
activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in
the approved Project Worksheets. Allowable costs shaIl be determined as per 44 C.F.R. Parts 13 and 206, which shall
be ninety (90) percent of all eligible costs.
A. The approved Project Worksheets shaIl be transmitted to Subgrantee, and shall state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets
may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project
Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy-
five (75) percent of all eligible costs, unless a ,higher percentage is approved. Contingent upon an appropriation by the
Florida Legislature, the Grantee may provide some portion of any non federal share for local government and private
non-profit Subgrantees. As a condition of receipt of the federal funding; the Subgrantee agrees to provide any
nonfederal share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any' disbursement to Grantee upon a determination by Grantee or Federal
Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant
to this Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded
under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate
of such insurance as a condition to funding under this Agreement.
ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under
this Agreement.
A. Sub grantee shaIl without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compepsation or indemnification from such insurance.
Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other
source for any damage identified on the applicable Project Worksheets for which Sub grantee has received payment
from Grantee, to the extent of any such duplication.
----------- ----- --:-::------------:------,.-
B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its
execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial
Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Compliance with Environmental. Planninj! and Permittinj! Laws. Subgrantee shall be
responsible for the implementation and completion ofthe approved projects describ.ed in the Project Worksheets in a
manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any
project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shaIl be consistent with
the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order
complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent
engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure
2
that the project complies with the contract documents.
ARTICLE VI. Required Documentation. Reviews, and Inspections. Subgrantee shall create and
maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet
sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements.
Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding
under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee,
together with any and all accrued interest.
A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for
this declaration is $54, I 00).
I. A Request for Advance or Reimbursement conforming to the attached sample.
2. A Summary of Documentation Form conforming to the sample attached to this Agreement as
Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like;
3. A request for final inspection;
4. A signed Project Completion and Certification Report upon the completion of all projects; and
5. The Project Completion and Certification Report specified by Paragraph B of this Article.
B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work
was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the
date of completion.
C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large
Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets.
Costs not within the approved scope of work shall not be reimbursed.
ARTICLE VII. Cost Sharinl?:. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be ninety (90) percent of such costs, unless a higher percentage is approved, of such costs
and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the non federal share
of such costs is contingent upon a potential future State appropriation defining the apportionment of the non federal
share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206
and do not require matching funds may also be funded by FEMA.
ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency
Management Agency of its approval of the pertinent Project Worksheet. \.
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee:
I. A Request for Advance or Request for Reimbursement Form conforming to the sample attached
to this Agreement as Attachments A or Attachments C;
2. A Schedule of Projected Expenditures or Summary of Documentation Form conforming to the
sample attached to this Agreement as Attachment B or Attachment D which shall be supported by original documents
3
such as contract documents, invoices, purchase orders, change orders and the like; and,
3. A letter or notification certifying that the reported costs were incurred in the performance of
eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
I. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that
funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay;
2. Subgrantee shall submit to Grantee the budget supporting the request;
3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and,
5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the
Fedcral Emergency Managcment Agency as often as practicablc, and in any cvcnt not latcr than tcn (10) busincss days
aftcr the close of each calendar quarter.
D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the
facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee.
E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public
facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the
Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before
the commencement of any work.
F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this
Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement was improper.
ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Sub grantee upon the
performance of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VIll of this Agreement;
C. In the case of Large Projects, the Grantee shall have performed the final inspection;
..~.----..--.- - ~- -----~-------,._---~---~--,-_.-
. .
D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or
Grantee shall have performed a final inspection; and,
E. Subgrantee shall have requested final reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
performance of all other conditions shall be subject to the following requirements, in addition to such other and further
requirements as may be imposed by operation of law:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 C.F.R. Part 13, as amended;
4
B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-II 0, "Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,"
as amended; and
D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations,"
as amended.
E. Subgrantee will maintain all docun;tentation concerning the projects funded under this Agreement until the
occurrence of the following events, whichever is the later:
in the same; or,
1. The completion of final inspection and final audit, and the final resolution of any issues identified
2. The expiration of three (3) years from the date of final disbursement under this Agreement.
F. Subgrantee shall make all documentation concerning the projects funded under this Agrccment available
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under
this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
determination.
ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrantee will conduct the audit in accordance with the following requirements:
I. The standards established by the Comptroller General of the United States, as specified in the
General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of S 11.42, Fla. Stat., and the Rules of the Auditor General;
. --~-_.. - ----- - --4:-TheTequiTementscofthe-Single-Alldit-Act-of 1984;CPub:!;. 980502; as-amended,-3'I-U~S'.C~S~' - .
7501-7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Sub grantee
except where Grantee and Subgrantee have mutually agreed upon another date.
D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures
5
Subgrantee has in place to protect its assets and to ensure compliance with this Agreement.
E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disaIlowed
costs identified in an audit after such closeout.
ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any
disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the
violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F.R. Parts 7 and 16,
and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless
the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the
time for completion of the project and any other modification shall be in writing, and shall take effect only upon
execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion
of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in
a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be
in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement.
ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the
performance of all conditions under it. Subject to any modification extending the time for the performance of this
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of
emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of
permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the
Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement.
Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of
all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later.
The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be
approved for delays caused by lack of cost-share funding. If any extension request is denied, Subgrantee shall be
reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any
project will be adequate cause for the termination of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into
u_ ---its-contract-with-such-contractor-or'vendor-an-indemnification-clause-holding-Grantee-and-Subgrantee-harmless-from--.-
liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30)
days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of
either ofthe parties or any allowable costs that have accrued as of the date of the notice of termination.
ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by S 768.28(5), Fla. Stat., the Subgrantee shall be solely
responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement.
Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall
indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement,
6
holding Grantee and Subgrantee harmless from the same. Also:
A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or
agent of the other, but that each one stands as an independent contractor in relation to the other.
B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third
parties in connection with any matter arising from the performance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
are present in quantities within statutory and regulatory limitations, and do not require remedial action under any
federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence
of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in
accordance with all applicable legal requirements.
ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as
Subgrantee is notified. An subsequent Quarterly Reports shall be due no later than fifteen (15) days after each
calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each
.. project, together with any other circumstances that may affect the completion date, the scope of work, the project
costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by
Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly
Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports
requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the
Summary of Documentation, and the QuarterlyReports, the contact for Grantee will be the State Public Assistance
Officer.
ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions:
A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with S 252.37(4),
Fla. Stat.
B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a
proper pre-audit and post-audit.
C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and
subcontractors to allow public inspection of any records subject to the disclosure requirements in S 119.07(1), Fla.
Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement.
Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements
shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination.
D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of
---- -Iobbying-the- Legislature-orany-ofits-members;-any-employee-ofthe-Stateof-Florida; any-Member-ofeongress;-any-----
officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any
modifications to this Agreement.
E. Subgrantee certifies that it possesses the legal authority to receive the funds.
F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and
further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of
funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements.
ARTICLE XXII. Term. This Agreement shan take effect upon its execution by both parties, and shan
terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as
specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without
7
delay.
ARTICLE XXIII. Events of Default. Remedies. and Termination.
A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse
further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence,
Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more
such events without waiving the right to exercise such remedies and without incurring liability for further payment.
Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence
of anyone or more of the following:
1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee,
if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3.. Any. reports required by this-Agreement have notbeen submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate information; or,
4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or
other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
B. Upon the occurrence of anyone or more of the foregoing events, Grantee may at its option give notice in
writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee
to cure, Grantee may exercise anyone or more of the following remedies:
I. Terminate this Agreement upon not less than fifteen (J 5) days notice of such termination by
certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect
when delivered to Subgrantee;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment or any portion ofa payment otherwise due and
payable under this agreement or any other agreement with Subgrantee; and,
4. Take any other remedial actions that may otherwise be available under law.
C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement.
D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall
be addressed in accordance with the regulations of that Agency.
E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee
-.. -all-funds'disbursed.to-Subgrantee-underthis'-Agreement~.----.---- -- ,_. -
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
termination of this Agreement by Grantee shall not relieve Subgrantee of 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 or any other Agreement until such time as the exact
amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management
Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the
Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee.
,
8
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement 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 the Attachments to it, the
language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
C. This Agreement has the following attachments:
I. Attachment A "Request for Advance"
2. Attachment B "Summary of Projected Expenditures"
2. Attachment C "Request for Reimbursement"
2. Attachment D "Summary of Documentation of Expenses Claimed"
3. Attachment E "Quarterly Report Form"
4. Attachment F "Subgrantee Annual Budget Projection Form"
Note: All other grant administrative and electronic forms will be provided by Grantee as necessary
or posted on the DEM website: www.floridapa.org.
ARTICLE XXV. Notice and Contact. All notices under this Agreemcnt shall be in writing and shall bc
delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
Ronald W. McLemore - City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
ARTICLE XXVI. Desil?:nation of Al?:ent. Subgrantee hereby designates Ronald W. McLemore
as its primary agent, and designates Timothy Lallathin as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, or other necessary documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
-----:-DEPAR TMENT'OF-COMMtJNITY-AFFAIRS,----
State of Florida, By:
(Subgr
'y. &A-4--l.'..
W. Craig Fugate, Director
Division of Emergency Management
(Name)
Mayor
(Title)
(Date)
Public Assistance Program
Program
(Date)
59-1026364
Federal Employer Identification Number (FEIN)
9
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT A
Request for Advance for Public Assistance Funds
SUB GRANTEE NAME:
ADDRESS:
DCA AGREEMENT NO:
DISASTER NO:
FIPS NO:
PW PREVIOUS
PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST
AMOUNT
... . . .. < .-.
TOTAL CURRENT REQUEST $
COMMENTS:
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:
10
. .
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT 8
SCHEDULE OF PROJECTED EXPENDITURES FOR ELIGIBLE DISASTER WORK (SOPE)
Date:
Subgrantee:
Disaster #:
FIPS#:
Project Worksheet (PW) #(s):
Applicant's Reference # Delivery Date of DOCUMENTATION Applicant
(Warrant. Voucher. Claim or articles or List Documentation (Applicant payroll. material out of applicant stock. applicant-owned Eligible Costs
Schedule #) performance of equipment and name of vendor or contractor) by category and line item in the approved ($$$)
services. project application and give a brief description of the articles or services.
.. . .
-_.- ----~- ~-_._--- - . - --- ..' -._- -....----- . +--------_.,._~-_.__. ------_.~ - - --------, -- ----
Paqe Subtotal
Current Expenditure Request (All Paqes)
Total PW Amounts for all Aooroved Versions
Over or Under Run (Final SOD Onlv)
11
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT C
Request for Reimbursement for Public Assistance Funds
SUB GRANTEE NAME:
ADDRESS:
DCA AGREEMENT NO:
DISASTER NO:
FIPS NO:
PW PREVIOUS
PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST
AMOUNT
COMMENTS:
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and bclief the abovc accounts are correct and that all disburscments 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:
12
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT D
SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD)
Date:
Subgrantee:
Disaster #:
FIPS#: _____________
Project Worksheet (PW) #(s):
Applicanrs Reference # Delivery Date of DOCUMENT A TION Applicant
(Warrant. Voucher, Claim or articles or list Documentation (Applicant payroll, malerial out of applicant stock, applicant-owned Eligible Costs
Schedule #) performance of equipment and name of vendor or contractor) by category and line item in the approved ($$$)
services. project application and give a brief descriplion of the articles or services.
,
------ -----~ --.-"-------- -~------ -- ..-.. ..- ....-- -- ..,.- ------ - ---.- --~---- -- -- --_.. -
Paqe Subtotal
Current Expenditure Reauest (All Paqes)
Total PW Amounts for all Aooroved Versions
Over or Under Run (Final SOD Onlv)
13
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUBGRANTEE QUARTERLY REPORT FORM
ATTACHMENT E
Subgrantee:
!
i
I
,
FIPS:
Disaster No. FEMA-
-DR-FL
Representative:
Phone' ( )
State Grants Manager'
Quarterly Report Period: _Jan-Mar _ Apr-Jun _ Jul-Sep _Oct-Dec Date Submitted:
Project Category Anticipated Petcent Status/Remarksb
I
Worksheet Completion Complete"
Number & Date I
Version(s)
I
I
I
I
I
!
I
,
I
I
i
I
;
:
I
" Reflects work completed on the physical ~roject. Information is required for FEMA Quarterly Reporting by the Grantee.
b Utilize this to report potential delays, ov~r/undenuns, etc.
I
14
i
I
I
I
I
I
IFLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
8UBGRANTEE ANNUAL BUDGET PROJECTION FORM
I ATTACHMENTF
I
I
I
."
Sub grantee:
FIPS:
Disaster No. FEMA-
-DR-FL
Representative:
Phone: ( )
State Grants Manager:
State Fiscal Year:
Date Submitted:
Project Category Anticipated Percent StatuslRemarksd Jul-Sep Oct-Dec Jan-Mar Apr-Jun
Worksheet Completion CompleteC
Number & Date (Year) (Year) (Year) (Year)
V ersion( s)
-
i
I
C Reflects work completed on the physical ~roject to date. Information required for the State's Fiscal Year Budget Projections. Due six months prior to the
cornmencement of the new State's Fiscal ~ear.
d Utilize this to report potential delays, over/underruns. Failure to accurately project quarterly needs may affect the availability of funds in a quarter, which is
the basis ofIegislative requests for state mdtch funding and federal pass through authority.
I
I
I
I
15
CITY OF WINTER SPRINGS, FLORIDA
JOHN F. BUSH
OFFICE OF THE MAYOR
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
City Telephone: 407-327-5956
Facsimile: 407-327-4753
Personal Mobile: 407-256-6987
Emall: jfbush@wlntersprlngsfl.org
City Website: www.winterspringsfl.org
November 10,2004
Mr. Frank J. Koutnik
Deputy State Coordinating Officer for Recovery
State of Florida
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: Hurricane Charley Agreement No. 05-P A-C%-06-69-02-685
(City of Winter Springs)
Dear Mr. Koutnik:
The undersigned is the Mayor of the City of Winter Springs. Pursuant to my authority
under City Resolution 2004-44, I am notifying the Department of Community Affairs
that the City's Primary Agent, under Article XXVI of the Disaster Relief Funding
Agreement, is hereby amended to designate Ronald W. McLemore, City Manager and
Timothy 1. Lallathin, Fire Chief as an Alternate Agent.
Please contact me if you have any questions or concerns.
Sincerely,
<-, 11 _ j~
-/. (dU/J1"
1
i
. ...
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
IEB BUSH
Governor
THADDEUS L. COHEN, AlA
Secretary
MEMORANDUM
TO:
All Sub-grantees for Public Assistance Disaster Relief Funding
VIA:
Frank J. Koutnik
FROM:
Del Streid
State Public Assistance Officer
DATE:
November 2004
SUBJECT:
Executed Disaster Relief Fundino Aoreement
Enclosed is a copy of the Public Assistance Federal and State Funded Subgrant Disaster Relief
Funding Agreement for Hurricane Jeanne FEMA-1561-DR-FL, executed by the department of
Community Affairs and the applicant. This Public Assistance Agreement provides funds for
eligible disaster relief activities specifically described in the approved Project Worksheets
(PWs.)
Payments of large projects will be made on a cash reimbursements basis, subject to receipt of a
"Request for Reimbursement (RFR)" form and a "Summary of Documentation of Expenditures
(SOD)" by P W, these are Attachments online at floridapa.org.
Accurate records of disaster cost must be maintained for three (3) years from the date of final
payment.
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.07811Suncom 291.0781
Internet address: htto:/Iwww.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon, FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak 80ulevard
Tallahassee, FL 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-7956
:...
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05-PA-E=-06-69-o2-521
CSFA No. 52600308;
CFDA No. 97.036
Subgrantee: Winter Springs, City Of
FIPS No. 117-78325-00
This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to
as the "Grantee") and, the undersigned State Agency or political subdivision of the State or private nonprofit
organization (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the
following facts and conditions:
A. WHEREAS, Hurricane Jeanne beginning September 26, 2004, and thereafter, had a devastating impact
upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the
Governor in Executive Order 04-217. In consequence of the Event, the President of the United States on
September 26,2004, declared Major Disaster No. FEMA-DR-1561-FL in Brevard, Citrus, Charlotte, Collier,
DeSoto, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Levy, Manatee,
Marion, Martin, Miami-Dade, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Sarasota,
Seminole, St. Lucie, Sumter and additional counties that may be identified later in the State of Florida As a result,
the Public Assistance Program was made available to eligible applicants in these Declared counties; and,
B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency
Management Agency governing the use of such funds requires the State to share the costs eligible for federal
financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein and agrees to comply with all the requirements of this Agreement; and,
D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal
government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon
the terms and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department
has authority to administer federal financial assistance from the Federal Emergency Management Agency
consequent to a presidential declaration of disaster.
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the following:
ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following
meanings unless another meaning is specified elsewhere: .
A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. ~ 5121-5201;
44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement dated September 26, 2004, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-1561-DR-FL.
1
B. "FEMA-State Agreement" is the agreement dated September 26, 2004, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-1561-DR-FL.
ARTICLE II. Aoolicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies ofthe Federal
Emergency Management Agency.
ARTICLE III. Fundin!!: and Insurance. Grantee shall provide funds to the Subgrantee for eligible
activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in
the approved Project Worksheets. Allowable costs shall be determined as per 44 C.F.R. Parts 13 and 206, which shall
be ninety (90) percent of all eligible costs.
A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets
may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project
Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy-
five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the
Florida Legislature, the Grantee may provide some portion of any nonfederal share for local government and private
non-profit Subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any
nonfederal share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal
Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant
to this Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded
under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate
of such insurance as a condition to funding under this Agreement.
ARTICLE IV. Duolication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under
this Agreement.
A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.
Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other
source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment
from Grantee, to the extent of any such duplication.
~
B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its
execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial
Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Comoliance with Environmental. Plannin!!: and Permittin!!: Laws. Subgrantee shall be
responsible for the implementation and completion of the approved projects described in the Project Worksheets in a
manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any
project undertaken by Subgrantee, and any land use permitted by or engaged in by Sub grantee, shall be consistent with
the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order
complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent
engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure
2
that the project complies with the contract documents.
ARTICLE VI. Reauired Documentation. Reviews. and Inspections. Subgrantee shall create and
maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet
sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements.
Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding
under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee,
together with any and all accrued interest.
A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for
this declaration is $54,100).
1. A Request for Advance or Reimbursement conforming to the attached sample.
2. A Summary of Documentation Form conforming to the sample attached to this Agreement as
Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like;
3. A request for final inspection;
4. A signed Project Completion and Certification Report upon the completion of all projects; and
5. The Project Completion and Certification Report specified by Paragraph B ofthis Article.
B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work
was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the
date of completion.
C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large
Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets.
Costs not within the approved scope of work shall not be reimbursed.
ARTICLE VII. Cost Shann!!:. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be ninety (90) percent of such costs, unless a higher percentage is approved, of such costs
and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share
of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal
share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206
and do not require matching funds may also be funded by FEMA.
ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency
Management Agency of its approval ofthe pertinent Project Worksheet. "
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee:
1. A Request for Advance or Request for Reimbursement Form conforming to the sample attached
to this Agreement as Attachments A or Attachments C;
2. A Schedule of Projected Expenditures or Summary of Documentation Form conforming to the
sample attached to this Agreement as Attachment B or Attachment D which shall be supported by original documents
3
..
such as contract documents, invoices, purchase orders, change orders and the like; and,
3. A letter or notification certifying that the reported costs were incurred in the performance of
eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that
funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay;
2. Subgrantee shall submit to Grantee the budget supporting the request;
3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and,
5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the
Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days
after the close of each calendar quarter.
D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the
facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee.
E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public
facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the
Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before
the commencement of any work.
F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this
Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement was improper.
ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Sub grantee upon the
performance of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII ofthis Agreement;
C. In the case of Large Projects, the Grantee shall have performed the final inspection;
D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or
Grantee shall have performed a final inspection; and,
E. Sub grantee shall have requested final reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
performance of all other conditions shall be subject to the following requirements, in addition to such other and further
requirements as may be imposed by operation of law:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 C.F.R. Part 13, as amended;
4
..
B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-llO, "Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,"
as amended; and
D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations,"
as amended.
E. Subgrantee will maintain all doculVentation concerning the projects funded under this Agreement until the
occurrence of the following events, whichever is the later:
1. The completion of final inspection and final audit, and the final resolution of any issues identified
in the same; or,
2. The expiration of three (3) years from the date of final disbursement under this Agreement.
F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under
this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
determination.
ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrantee will conduct the audit in accordance with the following requirements:
1. The standards established by the Comptroller General of the United States, as specified in the
General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of ~ 11.42, Fla. Stat., and the Rules of the Auditor General;
4. The requirements ofthe Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.c. ~~
7501-7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee
except where Grantee and Subgrantee have mutually agreed upon another date.
D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures
5
.'
Subgrantee has in place to protect its assets and to ensure compliance with this Agreement.
E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed
costs identified in an audit after such closeout.
ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any
disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the
violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F.R. Parts 7 and 16,
and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless
the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the
time for completion of the project and any other modification shall be in writing, and shall take effect only upon
execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion
of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in
a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be
in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement.
ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the
performance of all conditions under it. Subject to any modification extending the time for the performance of this
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of
emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of
permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the
Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement.
Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of
all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later.
The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be
approved for delays caused by lack of cost-share funding. If any extension request is denied, Subgrantee shall be
reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any
project will be adequate cause for the termination of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into
its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from
liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30)
days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the date of the notice of termination.
ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by ~ 768.28(5), Fla. Stat., the Subgrantee shall be solely
responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement.
Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall
indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement,
6
"
holding Grantee and Subgrantee harmless from the same. Also:
A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or
agent of the other, but that each one stands as an independent contractor in relation to the other.
B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third
parties in connection with any matter arising from the performance ofthis Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
are present in quantities within statutory and regulatory limitations, and do not require remedial action under any
federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence
of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in
accordance with all applicable legal requirements.
ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as
Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each
calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each
project, together with any other circumstances that may affect the completion date, the scope of work, the project
costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by
Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly
Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports
requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the
Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance
Officer.
ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions:
A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with ~ 252.37(4),
Fla. Stat.
B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a
proper pre-audit and post-audit.
C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and
subcontractors to allow public inspection of any records subject to the disclosure requirements in ~ 119.07(1), Fla.
Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement.
Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements
shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination.
D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of
lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any
officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any
modifications to this Agreement.
E. Subgrantee certifies that it possesses the legal authority to receive the funds.
F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and
further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of
funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements.
ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall
terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as
specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without
7
. . .
delay.
ARTICLE XXIII. Events of Default. Remedies. and Termination.
A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse
further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence,
Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more
such events without waiving the right to exercise such remedies and without incurring liability for further payment.
Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence
of anyone or more of the following:
1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee,
if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate information; or,
4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or
other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
B. Upon the occurrence of anyone or more of the foregoing events, Grantee may at its option give notice in
writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee
to cure, Grantee may exercise anyone or more of the following remedies:
1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by
certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect
when delivered to Subgrantee;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment or any portion of a payment otherwise due and
payable under this agreement or any other agreement with Subgrantee; and,
4. Take any other remedial actions that may otherwise be available under law.
C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement.
D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall
be addressed in accordance with the regulations of that Agency.
E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee
all funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
termination of this Agreement by Grantee shall not relieve Subgrantee of 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 or any other Agreement until such time as the exact
amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management
Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the
Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee.
8
. .'
.'
, .
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement 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 the Attachments to it, the
language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
C. This Agreement has the following attachments:
1. Attachment A "Request for Advance"
2. Attachment B "Summary of Projected Expenditures"
2. Attachment C "Request for Reimbursement"
2. Attachment D "Summary of Documentation of Expenses Claimed"
3. Attachment E "Quarterly Report Form"
4. Attachment F "Subgrantee Annual Budget Projection Form"
Note: All other grant administrative and electronic forms will be provided by Grantee as necessary
or posted on the DEM web site: www.floridapa.org.
ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be
delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
Ronald W. McLemore - City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
ARTICLE XXVI. Desilmation of A!!:ent. Sub grantee hereby designates Ronald W. McLemore
as its primary agent, and designates Timothy Lallathin as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, or other necessary documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
s.mt;;:lQ- 1.i
W. Craig Fugate, Df'recf
Division of Emergency Management
(Name)
Mayor
(Title) /
/ to / D / P '-/
(Date)
59-1026364
Federal Employer Identification Number (FEIN)
II - /)~t>f
(Date)
Public Assistance Program
Program
9