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Home My WebLink About2004 09 20 Reports Date: 092004 (Rescheduled from 091304) This Document was discussed and approved under Attorney Garganese' s "Report" on 09/20/04 i' . . ; P..ESOLUTION NO. 2004-44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, GRANTING THE MAYOR SOLE SIGNATURE AUTHORITY TO ENTER INTO DISASTER RELIEF FUNDING AGREEMENT NO. 05-P A-C%-06-69":02-685, ATTACHED HERETO AS EXHIBIT "A" AND FULL Y INCORPORATED HEREIN BY THIS REFERENCE, WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PURPOSE OF RECEIVING FUNDS FOR ELIGIBLE DISASTER RELIEF ACTIVITIES; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 2(b) ofthe Florida Constitution, municipalities "have. governmental, corporate, and proprietary powers to enable them to. conduct municipal . .' . government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law ("Municipal Home Rule Authority"); and WHEREAS, the State of Florida has experienced severe damage and destruction due to Tropical Storm BOlmie and Hurricane Charley; and WHEREAS, the President ofthe United States declared major disaster in all counties in the State of Florida, causing the Public Assistance Program to be made available to eligible applicants in these declared counties; and WHEREAS, the City of Winter Springs suffered extensive damage from Hurricanes Charley and Frances requiring the City to organize and fund considerable clean-up efforts; and WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use ofthe funds from the Public Assistance Program requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with eligible political subdivisions ofthe State; and WHEREAS, the Department of Community Affairs receives these grant funds from the State of Florida and the federal government, and has the authority, under section 252.373, Florida Statutes, to disburse these funds to the City of Winter Springs upon the terms and conditions set forth in Disaster Relief Funding Agreement No. 05-P A-C%-06-69-02-685, attached hereto as Exhibit "A" and fully incorporated herein by this reference; and WHEREAS, the City Commission ofthe City of Winter Springs desires to grant the Mayor sole signature authority to enter into Disaster Relief Funding Agreement No. 05-P A-C%-06-69-02- 685; and City of Winter Springs Resolution 2004-44 Page 1 of2 I' , . ~ 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. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. City Commission Declaration of Authority for Mayor's Sole Signature Authority. The City Commission hereby grants the Mayor the sole signature authority to enter into Disaster Relief Funding Agreement No. 05-P A-C%-06-69-02-685, attached hereto as Exhibit "A" and fully incorporated herein by this reference, with the State of Florida Department of Community Affairs for the purpose of receiving funds for eligible disaster relief activities. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission ofthe City of Winter Springs, Florida. ". RESOLVED by the City Commission of the City of Winter Springs, Florida, iil a regular meeting assembled on the ~~ day of September, 2. ..' " " . ....'7..~ F. BUSa~ ~fayor LORENZO-LUACES, City Clerk Approvetl as to legal form and sufficiency for the Ci Winter Springs only: . GARGANESE, City Attorney City of Winter Springs Resolution 2004-44 Page 2 of2 .SEP-17-2004 12:01 ~ CI I ( OF WINTER SPRINGS 407 327 4753 P.04 ;- STATE OF FLORIDA Department of Community Affairs ;DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-PA-C%-o6-69-o2-68S CSFA No. 52600308; CFDA No. 97.036 Subgrantee: Winter Springs, City of FlPS No. 117.78325-00 nus 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 a.<l the "Subgrantee"). This Agreement is based on the exi,tence of the following facts and conditions: A. WHEREAS, Tropical Storm Bonnie and Hunican.e Charley btlginning August 11, 2004, and thereafter, had a devastating impact upon the State ofFJorida. The severity of the damage and losses resulted in a proc~tion of emergency by the Governor in Executive Order 04.182. In consequence of the Event, the President of the United States on Aug\lsl13. 2004, declared Major Disaster No.FEMA.-DR-1539-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 countieg; and, B. WHEREAS, a FEMA-State Agreement between the StIlte 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, 8S appropriated, with its Subgrantoes; and, c. WHEREAS, The Grantee represenf.9 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 rhese grant funds from the SlAte of Florida and the federal government, and has the authority, under Section 252.37J, Fla. Stat. to disbl.llSe these funds to the Sub grantees upon the tenns 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 Manage1nCtlt Act, as amended, the Department hag authority to adminigter federal financial assistance from the 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 tenns shall have the following meanings unless another meaning i, specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-Slate Agreement, and in the Robort T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, 8S amended, 42 V.S.c. ~ 5121-5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Managtltnent Agency. B. "PBMA-State Agreement" j! the agreement dated August 14, 2004, between the Federal Emergency Management Agency and the Scate of Florida, for the Major Disaster No. FEMA-1539-DR.PL. ARTICLE IJ. (\ppllcable Law. The parties agree to all the conditioDS. obligations. and duties imposed by the FEMA-State Agreement and all applicablo state iWd federal legal requirements including, without acy limitation on the generality of the fore-going, the requirements of 44 GF.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. EXHIBIT" A" ,SEP-1~-2004 12:01 CITY OF WINTER SPRINGS 407 327 4753 P.05 ARTICLE III. Fundlne and Insurance. Grantee shall provide funds to the Sub grantee for eligible activitiM for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be detemuned ll.9 per 44 C.F.R. Parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Sub~e, 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 eliglble costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grnntee may provide some portion of any nonfederal share for local govenunent 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 Sub gran tee agrees that the Grantee may withhold funds othe:rwise payable to Subgrantee from my disbursement to Grantee upon a determination by Granteo or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Sub grantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding unde.r this Agreement, the: Subgrantee agrees to procure in,unnce sufficient for the type or types of hazards for which the disaster was declared 10 cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Sub grantee 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 roceive funding under this Agreement to pay for damage covered by insur<Ulce. nor may Subgranl~e receive any other duplicate benefits under thh Agreement. . A. Subgrantee shalt without delay advise Grantee of any il1Burance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnjfication from such insurance.. Sub grantee shall reimburse Grantee without delay for any duplicate benefit.g 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 ils execution of this Agreement the Subgranlee gives Grantee Or the Chief Financial Officer-Department of Financial Services of the St.ale of Florida the authority to set otTthe sum of any such duplicate bonefit.'; by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental. Planninr and PermJttllIl! Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to GTantee, and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, lIlld any land use pennitted by or engaged in by Subgrantee, shall be cOrulistent with the local government Comprehenslve Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building roquirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites lUi may be needed 10 ensure that the project complies with the contract documents. ARTICLE VI. Required Doeumenlatioll. Reviews. and In6D<<tloD.9. Subgrantee shall crcole and maintain document.ation of work perfonned and costs incurred on each project identified in a Project W orksh.eet sufficient to pennjt a formallludit comporting with ordinary, customary and prudent public accounting requirements. Upon the failw-e of Subgrantee to create and maintain such docwnentatioc, Oranteo may terminate further funding under this Agreement, and Subgranlee shall reimburse to Grantee all payments disbursed earlier to Subgrantce, 2 'SEP-1~-2004 12:01 CITY OF WINTER SPRINGS 407 327 4753 P.06 together with any and all accrued interest. A. SubgrlUltee shall submit the following docwnenlation 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 Atrachment 8, which shalt be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for flllal il1llpection; 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 8 of this Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accor~~.~th this A~eement 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 Sharin2. The fedoral 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 alt or 8 specified portion of the nonfederal share of such COStli is contingent upon a poteritial future State appropriation defining the apportionment of the nonfederal share. Administrative Costs in addition to the Project WOTksheets that are othetWise eligible under 44 C.F.R. Part 206 and du not require IIllIrching funds may also bo funded by FEMA. ARTICLE VIn. Payment of Costs. Grantee shall disburse tho eligible costs to Sub grantee in accordance with the following procedures. A. Grantee shall disbuue the fedetal 8lld nonfederaJ 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 W orksheer. . B. Grantee shall reimbur,e Subgrantee for !he federal and nonfederlll shares of the eligible costs for Large Projects 8S soon as practicable after Sub grantee has delivered the follOwing documents to Grantee: I. A Request for Advance or Reimbursement Form conforming to the sample attached to this AgreeD'll:DI as A~bment A; 2. A Swrunary of Documentation Fonn conforming to the sample attached to this Agreement which shall be supponed by original documents such as contract documents, invoi~!. purchase ordors, change orders and the like; and, . 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible wQrk. C. Grantee may advance funds under this Agreement to Subgrantee not ex.ceeding the federal share if Subgrantee meel'l the following conditions: 3 .- ,S6P-1~-2004 12:01 CI)Y OF WINTER SPRINGS 407 327 4753 P.07 I. Subgrantee shall demonstrate to Gtantee that Subgnmtee 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 supportiJlg the request; 3. Subgrantce shall submit a statement justifying the adviUlce and the propOsed use of the funds, and specifying the amOWlt of funds requested; 4. Subgrantee shall submit 8 completed Request for Advance or Reimbursement Ponn; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Ermrgency Management Agency as often a~ practicable, and in any event' not later than tcn (10) business days after the close of each calendar quarter, D. Sub grantee may make improvements to the project facility in co.uunction with its res/oration of the facility to i~ pre-dis8!lter condition in accordance with 44 C.F.R. Part 206 with the prior wrinen approval of Grantee. E. In any caso in which Sub grantee 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, Sub grantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordanc~ with 44 C.F.R. Part 206 before the commencement of any work. P. Grantee may. in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgra.ntee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds UDder this Agreement was improper. AR.TICLE IX. Final Pllymenl. Grantee shall disburse the fmal payment to Subgrantee upon the performance or'the following conditions: A. Sub grantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreementj C. In the case of Large Projecl!J, the Grantee shall have performed the filllll inspection; D. In the case of Small Projects, the Project Listing and Certification shaU have been reviewed by Grantee, or Grantee shall have performed a fInAl inspection; and, E. Sub grantee shall have reqUested final reimbwsement. ARTICLE X. Rt!cords Maintenance, The funding of eligible costs under this Agreement and the perfonnance of all other conditions shall be subject to thc following requirements, In addition to such other and further requirements as may be imposed by operation of law: A. The "Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 8S 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 Agreement.9 with InstitutiolU of Higher Education, Hospitals and Other Non-Profit Organizatiorul," as amended; and O. Office of Management and Budget Circular No. A-122, "CO!t Principles for Non-Profit Organizations," 4 .SEP-1~-2004 12:02 Cl1Y OF WINTER SPRINGS 407 327 4753 P.08 as amended. E. Subgrantee will maintain all documentation concmling the projects funded under this Agreement until the occwrence of the following events, whichever i6 the later: in the same; or, I. The completion of fmal inspection and final audit, and the final resolution of any iSSues identified 2. The expiration oftmee (3) yean from the date of final diilbutscmel\t under this Agreement. F. Subgrantee slaH make all documentation concerning the projects funded linder this Agreement available and accessible to the Comprroller General of the United States, the Grantee, and tho Federal Emergency Management Agency between 8:00 B.rn. and 5;00 p.rn. on weekdays othor than official holidays. ARTICLE XI. .Reimbursement or Fuods. Ifupon final inspection, final audit, or other review by Grantee. the Fedora) Emergency Management Agency or other authority determines that the disbursements to Sub grantee 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 Subgnmtee is notified of such detcnnination. ARTICLE XII. ~ 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 expeMimres of federal flJ1ancial assistance for the most recent fiscal year equal or excc:ed $500,000.00. A. Sub grantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General oflhe United States, as specified in the General Accounting Office Standards for Audit of Goverrunental Organizations, Ptograms. Activities and Functions; 2. The standards established by the American IJljtilute of Certified Public Accountants; 3. The requirements of ~ 11.42 Fla. Stat., and the Rules of the Auditor General; 4. The requirementa of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. H 7501.7507, to the extent here applicable; and, 5. Office of Management Bnd Budget Circular No. A.133. il6 amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreoment. If the Subgrantee is a private nonprofit organization, it shall submit an organUation.wide audit. C. The audit shall be due nollater than seven (7) months after the close of the fiscal )'ellI for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Sub grantee shall conduct such additional audits as Gtantee 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 enswe compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Sub grantee any disallowed cost! identified in an audit after such closeout. ARTICLE XIll. NcmcomDliance. If the Sub grantee violates this Agreement or any legislation. regulation, statute, rule or other legal requirement applicable to the perfonnance oflhis Agreement, the Grantee may withhold any disbursemc:nt otherwise due Sub grantee for the project with respect to wh.ich the violation has OCCUlTed Wltilthe 5 .SEP-17-2004 12:02 CITY OF WINTER SPRINGS 407 327 4753 P.09 violation is cured or has otherwise come to final resolution. If the violatioo is Dot cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and xxm of this Agreement. ARTICLE XIV. Nondlscrlmlnatlon bv Contracton. Subgranttltl shall undertake an active program of nondiscrimination in itS administration of disaster assistance under this Agreement, u per 44 C.F.R. Pw., 7 and 16. and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the Gi:neral Services Administrative Consolidated List of Debarred, SU9pended and Ineligible Cono-sctlm, in accordance with 44 C.F.R Part 17. ARTICLE XV. ~odif1catlon. TIle time for performance of this Agreement may be exteoded Once unless the failure of Subgrantee to close aut the project is caused by events beyond itll control. A modificatioD extending tho time for completion of the project and any otl;ler modification shall be in writins. IlIld shall take effect only upon execution by both parties. Modifications to any Project Worksheet to he funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modi1ications 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 Work&he'el for the project, If otherwise allowed under thi, Agreement, any exten.9ion shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. rime for Performance. Time shall be oftl1e eSSellCe of this Agreement and ofllle perfonnance of all conditions under it. Subject to any modification extending the time fOI the peifonnallCc of this Agreement approved by Chantee'or the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) monlhs from the date of the Presidential Declaration. The time for the perfonnance of pennanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the Sumrtl3.Iy of Documentation and the supporting docwnents 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 modificatioD extending the Agreement. Sub grantee 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 Federlll Emergency Management Agency, whichever is later. The time for the perfonnance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for dda~ caused for lnck of cost-share funding. If any extension request is denied, Subguntee shall be reimbuncd for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for Ihe termination of fw1ding for that project. ARTICLE XVIl. COlJtracts With Othen. 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 Subgrantec harmless /Tom liability to third parties for claims asserted under such contract. ARTICLE XVln. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV oC this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affecl the rights, interests, duties or responsibilities of either orthe parties or any allowable costs thar have accrued 8S of the dale of the notice ofterminalion. ARTICLE XIX. Llabilitv. Grantee assumes no liability to third parties in connection with this Agreement Unless the Subgranree is a governmental entity covered by ~ 768.28(5), Fla. Stat., the Subgrantee shall be solely responsible to any and all contractors, vendou, and other parties with whom it contracts in perfonnmg this Agreement. Unless the Sub grantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indenutify Grantee fonn claims asserted by to third parties in cOMection with the performance of this Agreement, holding Grant!!e and Subgrantee harm1ess 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, nor that each ODC stands as an independent conlr1lctor in relation to the other. B. Nothing in this Agreement shall be construed U a waiver by Gtanle(\ or Subgrantee of any legal inununity, nor shall anything in this Agreement be COn.9trued as consent by either of the parties to be sued by third parties in connection with any matter arising from the perfonnancc of this Agree~t. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or siles 6 .. -=.&::-":'~~~~.1..:!..=U~lJ._U.::w._r-_'_.r';'lL'"r':'l~'I''''l__''''' !.--I' .SEP-17-2004 12:02 CI"1 ( OF WINTER SPRINGS 407 327 4753 P.10 are present in quantities within statutory Ilod regulatory limitations, and do not require remedial action under any federal, state or localle8a1 requirements concerning such substances. Subgrantee funhet represents that the presence of any such substance or any condition at the site cauied by the presence of any such substance shall be addressed in accordance with a'n applicable legal requiremo~ts, ARTICLE XX. Repor.$$. Subgrantee shall provido Qu.merly Reports to Grantee, on tM QUlII1erly Report Form confonning to the sample attached as Attachment C. The fusl Quarterly R.eport shall be due at such time 8S Subgranloe is notified. All subsequeot Quarterly Reports shall be due no lator than fifteen (15) days after each calendar quaner through final inspection. Quar1erly 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 tnspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may requiTe 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 $urrunary of Docwnentation, and the Quarterly Rep0l19, the contact for Grantee will be tho State Public Assistance OfficeI. ' ARTICLE XXI. Standard CondItions. Sub grantee 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 offedere.l funding izJ accordance with 9 252.37(4), Fill. Stal. 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 8Jld its contractors acd subcontraotors to allow public inspection of any records subject to the disclosure requirements in ~ 119.07(1), Fla. Stat., that are made or received by Sub grantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgnntee or its contractors and subcontractors with these requirements slulll constitute the nonperformance of a condition under this Agreement, and shall be adequate CIlu.se 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 memlxrs, any employee of the State of Florida, any member of Congress, any officer or employee of Coo gress, or any employee ofa Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Sub grantee certifies that it possesses the legal authority to receive the funds. F. Subgranlee 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 undo future SubgrantCle Agreements. ARTICLE XXII. ~ This Agreement shall take effect upon its execution by both parties, Bnd shall tenninate Upon approval of closeout by the Federal Emergency Management Agency, unless ttmrinated earlier as specified elsewhere in this Agreement. Subgranree shall commence project(s) specified by this Agreement without delay. ARTICLE XX1D. Events of Default. Remediel. and TermJnatJon. A. Upon the occurrence ofaoy one or more ofUle following events, all obligations of Grantce to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Granlee may at its option co~tinue to make payments or portions of payments lifter the occurrence of any ooe or more 7 .SEP-1~-2004 12:02 CI1Y OF WINTER SPRINGS 4137 327 4753 P.11 such events withoul waiving the right to exercise such remedies IUld without incurring liabllily fot further payment. Grantee may at its option terminate this Agroement 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 Subgmnlee has breached any condition of thi, Agteement or any previous agroement with Grantee and has not cured in timely fashion, or is unable or unwilling to mtet its obligations under this Agreement; 2. SubgrlUltoe suffen any material adverse change in its f'"tllllDCial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, jf Subgrllntee has nol cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any rcpons required by this Agreermnt haVll not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; Ot, . 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. Tenninate this Agreement upon nolles& than fifteen (15) days notice of such termination by certified letter to the Subgrantec at the address specified in Article XXV of this Agreement, such notice to lake effect when delivered to Subgranteej 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any pBYlflent or any portion of a payment otherwise due and payable under this Agreement Or any other Agreement with Subgrantee; and, 4. Take any othor 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 OT obligation, or for noncompliance with any applicable legal requirement. D. Rescission, suspension 01 termination of this Agreemenlsha1I 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 detennination by the Federal Emergency MllI1lIgement Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or tennination oHhis Agreement, the Subgranlee shall refund to Grantee all funds disbursed to Sub grantee under this Agreement. F. The venue of any action or proceeding by either Granite or Subgranlee for enforcement of this Agreement or for adjudication of rights, inletests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwilhslandiqg anything to the contrary elsewhere in this Agreement, the rescission, suspension or tennination of this Agreement by Grantee Bhllll 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 futuIe disburse menu otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgran!ee is determined. In the event the Federal Emergency Management Agency should deobligate funds formorly allowed under this Agreement or under any other Agreemont funded by the Agency and administered by Grantee, then Sub grantee shall immediately repay such funds to Grantee. If the Subgranlee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgxantee. ARTICLE XXIv. A1tllchmenls. A. All attachments to this Agreoment are incorporated into this Agreerm.nt by reference as if set out fully in the te}[t of the Agreement itself. 8 SEP-1?-2004 12:03 CITY OF WINTER SPRINGS 407 327 4753 P.12 B. In the event oC 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 attaclunents: 1. Attachment A "Request for Advance or Reimbursement" 2. Attachment B "Summary of Documentation of Expernes Claimed" 3. Attachment C "Quarterly Report Fonn" 4. Attaclunent D "Subgrantee Annual Budget Projection Form" Note: All other grant administrative forms will be provided by Grantee as necessary or posted on the OEM website: www,fJoridadisaster.org. Tbe subgraritec may be provided the option of using electronic fonns placed on our Internet bued document management system at: hno://dcllenterorise.eoconline.org. ARTICLE XXV. Nadell and Contact. All notices under this AgreemeiJt Shall be in writing and shall be delivered by Internet, by telefacsimile, by haod, or by certified letter to the following respective addresses. FOR mE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department ofCornmunity Affairs 2555 Shumard Oak Blvd Tallabassee, Florida 32399-2100 FOR THE SUBGRANl'EE: ARTICLE XXVI. Desi~nation of Aeent. Subgrantee hereby designates as its primary agent, and designates as its alternare ligen!, 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: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: FOR THE SlJBGRANTEE: '. . ...,,'l:-' ~-~ W. Craig Fugate, Director Division of Emergency Management (Title) (Date) (Date) Public Assistance P..:ogram Program Federill Employer Identification Number (FElN) 9 .SEP-17-2004 12:03 CI)r OF WINTER SPRINGS 407 327 4753 P.13 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT A Request for Advance or Reimbursement for Public AulstllDce Funds SUB GRANTEE NAME: DEe NO: ADDRESS: FIPS NO: PAYMENT NO: DCA AG~EEMENf NO: DSR DCA USE ONLY ELlOmLE PREVIOUS CURRENT AMOUNT PAYMENTS RJ3QUBST APPII.OV8D POk p^ YMIlNr COMMENTS PW/I CATBGORY - \I. COMPLBTE_ PW/I -- . .-- . . CAn:GORY - Y. COMPU!TE_ PW/I CATEGORY - ~ COMPL5Te PW/I CA.TEOORY - '/0 COMI'LETl;_ PWII CATEGORY - % COMPlBTE_ TOT AL CURRENT REQUEST $ I ceT1ify that ro the beat afmy knowledge and belief the above Iceounta are COlTe~1 anlllhal all dfsburremenla were lTJlId~ in "cor<hn~e wilh all conditions aCthe DCA agrecmont and pa~t is due IlIld ~IS not been previously rt<lueot.od for tIlese amounts. SUBGRANTEE SIGNA 11JRE: NAME AND IDLE: DATE: TO BE COMPLETeD BY DEPARTMENT OF COMMUNI1Y AFPAIRS (DCA) APPROVED FOR PAYMENT S aOVERNORDS AUTHOR (ZED REPRESENTATIVE ADMINISTRATlV6 COST S rOT AL PA YMENT s DATE 10 .SEP-17-2004 12:03 elll OF WINTER SPRINGS 407 327 4753 P.14 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT B. SUMMARY OF DOCUMENT A nON OF AMOUNT CLAIMED FO~ ~LlGJBLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): "pl>i1catll', Refenol1Ca" Delivery OalO or DOCUMENTATION Applloanl (Warmnt. Vouch.r. Claim or elllt/e. Or L1.t Documonllltlon (Applleen\ I"jll'OIl. ....lOlIoI o~ oI,p~le.an( tIoek, applleanl.{)Wned EligIble Co.l. Schedul. II) performance or equlpmeru 81'4 nol!lO or Yon~or or CQ"'"~n oy C81tOOIy 81'1(I11119 ltum In the spproved ($5$) IUMCB8. pro/OCt eplll/e8llon .n~ ~1V6 D bner ~e.crlptJon of Ih/l snIde. or ..",Iceo. . ~ . ~ Paae Subtotal Current Expenditure ReQuest (All Paaes) Total PW Amounts for all ADoroved 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 SUBGRANTEE QUARTERLY REPORT FORM ATTACHMENTC 1J) Pl lJ. I -J I f\J lSl lSl A ..... I\J lSl W Subgrantee~ FIPS: Disaster- No_ FEMA- -DR-FL Representative: Phone: ( ) State Grants Manager~ n Quarterly Report Period~ _lan-Mar _ Apr-Jun _ Jul-Sep _Oct-Dee Date Submitted: --< -< o " E: Z --< m :;u 1J) lJ :;u Z C1 1J) Proj eet Category Anticipated Percent StatusIRemarksl> Worksheet Completion Complete. Number & Date Version(s) A lSl ....J W I\J ....J A ....J Vl W · Reflects wolk completed 00 the physical project. Infonnation is required for FEMA Quarterly Reporting by the Grantee. to Utilize lhis to report potential delays, ovcr/un.demms, eft:. lJ ..... Vl .i.. ~ FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUBGRANTEE ANNlJAL BUDGET PROJECTION FORM A1T ACHMENT D (f) fT1 lJ' I .- -J I I\J (S) (S) A .... I\J (S) VJ Subgrantee: Firs: Disaster No. FEMA- -DR-FL Representati ve: Phone: ( ) State Grants Manager: n State Fiscal Year: -< Date Submitted: o 11 E: Z -f m :;0 (f) lJ ::u z C'J (fJ Project Category Anticipated Percent StatuslR..emarksd Jul-Sep Oct-Dee Jan-Mar Apr-Jun Worksheet Completion Complete" -- Number & Date (Year) (Year) (Year) (Yl~) Version(s) A (S) -oJ VJ I\J -oJ A ...J Vl VJ --l ::J --l 12 C Reflects work C()mpleted on l.he physical project tn dale. Information req,uirod for tlJe Stare's Fiscal Year Budget Projections. Due six months prior to the commc:noc:men.l of the new Stare's Fiscal Year. d Utilize lhis to report potential delays, overlnndaruns. Failure to accurately project quarterly needs may affect the availability offimds in 3 quarter, which is the basis of legjshtive requests for sl3te match funding and federal pass through authority. lJ 1) .... CJl J'I 'i i .. STATE OF FLORIDA DEPARTMIENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L. COHEN, AlA Secretary September 15; 2004 MEMORANDUM SUBJECT: All Subgrantees for Public Assistance Disaster Relief Funding Del Streid, State Public Assistance officer{jjt 5 Disaster Relief Funding Agreement TO: FROM: . Enclosed is the original Disaster Relief Funding Agreements for Federal and State assistance for Hurricane Charley (FEMA-l539-DR-FL). The funding agreement will provide funds for eligible disaster relief activities specifically described in approved Project Worksheets (PWs). Please print or type the name and title of the authorized agent with the address where the State is to submit official notices and payments under the Agi-eement (page 9, Paragraph 25). The authorized agent (also referred to as the Primary Agent) is the person responsible for signing all official documentation sent to us (request for payment, time extension requests, certification of Project Listings, etc.) and ensuring documentation is available for Final Inspection and audit. Signature Authority: The person signing the Agreement should be the chief executive official for your organization: Mayor for cities and towns; Chairman of the Board of County Commissioners for counties; Chief Executive Officer of private .nonprofit organizations; Agency Head or Secretary of State Departments. Please submit documentation verifying signature. authority for all others. Documentation stating delegation of authority should be one of the appropriate examples listed below: 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466' FAX: 850.921.0781/Suncom 291.0781 Inlernet address: http://www.dca.slate.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway. Suite 212 Marathon. Fl 3305().2227 (305) 289.2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee. Fl 32399.2100 (650) 486-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee. Fl 32399.2100 (650) 413.9969 HOUSING & COMMUNITY DEVELOPMENT. 2555 Shumard Oak Boulevard Tallahassee, Fl 32399.2100 (650) 466-7956 ~ . ii 1. For counties, a board resolution or meeting minutes confirming the signature authority.' . 2. For cities, a city commission resolution, meeting minutes, or a copy of the page(s) from the city charter authorizing the signature. 3. For private nonprofit organizations, a copy ofthe page from your charter specifying the position authorized to sign contracts, a board resolution or meeting minutes authorizing signature. . 4. For State Agencies delegation of authority signed by the Secretary or Agency Head. The State of Florida Public Assistance Office is managing the disasters for Charley and Frances in Orlando, Florida at the Disaster Field Office. Please forward the completed Agreement to: Disaster Field Office 100 Sunport Lane Sunport Center Orlando, Florida 32809 A1TN: Del Streid, Public Assistance Should you have any questions, please feel free to contact Gary Freerksen, Deputy State Public Assistance at(407) 858-2817or by email: gary.freerksen@dca.state.f1.us. ~ ~ STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-PA-C%-06-69-02-685 CSFA No. 52600308; CFDA No. 97.036 Subgrantee: Winter Springs, City of FlPS No. 117-78325-00 This Agreement is between the Stllte 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, Tropical Storm Bonnie and Hurricane Charley beginning August 11,2004, 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 04-182. In consequence of the Event, the President of the United States on August 13,2004, declared Major Disaster'No. FEMA-DR-1539-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 administer federal fmancial assistance from the 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 August 14,2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1539-DR-FL. ARTICLE n. 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 fore-going; the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. 1 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 nonfederal share for local government and private non-profit Subgrantees. As a condition of receipt of the federal funding, theSubgrantee 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. Sub grantee 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. 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 Sub grantee, and any land use permitted by or engaged in by Subgrantee, 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, 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 Sub grantee 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). 1. A Request for Advance or Reimbursement confonning to the attached sample. 2. A Summary of Documentation Form confonning to the sample attached to this Agreement as Attachnient 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 fmal 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 Sharine:. 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 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 VIll. Payment of Costs. Grantee shall disburse the eligible costs to Sub grantee 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 andnonfederal 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 Reimbursement Form conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form confonning 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 performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Sub grantee meets the following conditions: 3 1. 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 delax; 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. Subgranteeshall pay over to Grantee any interest earned on ~dvances 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. Sub grantee 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 Sub grantee 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, Sub grantee 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 non federal share of funding under this Agreement from Subgrantee if drantee 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 Subgrantee upon the perfonnance of the following conditions: A. Subgrantee shall have completed the project; B. Sub grantee 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 perfonnance 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-I 10, "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-I22, "Cost Principles for Non-Profit Organizations," 4 as amended. E. Sub grantee 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 fmal 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 Gep.eral of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.rn. and 5:00 p.rn. 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 detennines 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. Subgrantt~e 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 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. Sub grantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to detennine 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 Sub grantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Sub grantee 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 Sub grantee 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 bv Contractors. Subgrantee shall undertake an active program of nondiscJjmination 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. Sub grantee shall also be subject to the requirements in the GeneralServices 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 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. Ifthe Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Sub grantee shall incorporate into its contract with ~uch contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIn. 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 Sub grantee 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 form claims asserted by to third parties in connection with the performance 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, nor 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 Subgrailtee 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 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 su.bstance 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 offederal 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( I), Fla. Stat., that are made or received by Sub grantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Sub grantee 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. Sub grantee 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 ofa Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Sub grantee 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 Sub grantee 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 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 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: 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 any one or more of the following events, Grantee may at its option give notice in writing to Sub grantee 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 toSubgrantee; . 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 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 othenyise 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. 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 P~ojection Form" Note: All other grant administrative forms will be provided by Grantee as necessary or posted on the DEM website: www.floridadisaster.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 Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE:". . "." f Timo+f\~ LAllCA...tvfu\} FIre.. CX\\e; -M:t of w~~~ ~ e. ~ ,~ W',V'I\-et" Sprm~s) Ft..- 37-'7W ARTICLE XXVI. Deshmation of Ae:ent. Subgrantee hereby designates ~moth~ L.A\\O,.>!'hln as its primary agent, and design~tes \L.:\pt-on \..oc,'t..t\A,Qt- 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: ~~~ (N ) '11/(A,~OV CJohn F: f!JUSh.,) (Title) 5-t(Jt-tlVvP<21 d-O, ';fOGy (Date) " . ~o'J..~3(oY Federal Employer Identification Number (FEIN) W. Craig Fugate, Director Division of Emergency Management (Date) Public Assistance Program Program 9 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT 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 certify that to the best of my knowledge and be!iefthe 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 ADMINISTRA TIVE COST $ TOTAL PAYMENT $ DATE 10 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT B SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGmLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): Applicant's Reference # Delivery Date of DOCUMENTATION Applicant (Warrant. Voucher, Claim or artides or List Documentation (Applicant payroll. material out of applicant stock. applicant-owned Eligible Costs Schedule #) perfonnance 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 Req uest (All Pages) Total PW Amounts for all Approved Versions Over or Under Run (Final SOD Onlv) UPDATED: April!7, 2003 Page_of_Pages 11 " . FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUBGRANTEE QUARTERLY REPORT FORM ATTACHMENT C Subgrantee: FIPS: Disaster No. FEMA- -DR-FL Representative: Phone: ( ) State Grants Manager: Quarterly Report Period: _lan-Mar _ Apr-Jun _ lul-Sep _Oct-Dee Date Submitted: Project Category Anticipated Percent StatuslRemarksb Worksheet Completion Complete Number & Date V ersion( s) a Reflects work completed on the physical project. Infonnation is required for FEMA Quarterly Reporting by the Grantee. b Utilize this to report potential delays, over/underruns, etc. . ',IJ) FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUBGRANTEE ANNUAL BUDGET PROJECTION FORM ATTACHMENT D ~ Subgrantee: FIPS: Disaster No. FEMA- -DR-FL Representative: Phone: ( ) State Grants Manager: State Fiscal Year: Date SubIDitted: Proj ect Category Anticipated Percent StatusIRemarksd Jul-Sep Oct-Dee Jan-Mar Apr-Jun W orkshe'et Completion CompleteC Number & Date (Year) (Year) (Year) (Year) V ersion( s) I C Reflects work completed, on the physical project to date. Infonnation 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 of funds in a quarter, which is the basis oflegislative requests for state match funding and federal pass through authority. to, I =- , STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-P A-C%-06-69-02-685 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, Tropical Storm Bonnie and Hurricane Charley beginning August 11,2004, 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 04-182, In consequence of-the Event, the-President of the United States on August 13, 2004, declared Major Disaster No, FEMA-DR-1539-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 imd 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 fmancial assistance from the Agency consequent to a presidential declaration of dis as ter. 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 August 14,2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1539-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 fore-going, the requirements of 44 C.F .R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency, 1 ARTICLE III. Fundin!.!: and Insurance. Grantee shall provide funds to the Subgnintee 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, andshall sta,te 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 Sub grantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Sub grantee 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 pro,cure ,insu.nmce suffident 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. Sub grantee 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 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 setoff 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, Planninl! and Permittinl! 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 govermnent 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 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 Sub grantee 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, 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 ParagraphB 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 completioli ' '-" 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 Sharin!?:. 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 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. 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: 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 thereported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Sub grantee not exceeding the federal share if Subgrantee meets the following conditions: 3 1. Subgrantee shall demonsh'ate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without Ulmecessary 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 Sub grantee 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, Sub grantee 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 o{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-lID, "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. Sub grantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: ' in the same; or, I. The completion of [mal inspection and final audit, and the fmal 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 Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a,rn. and 5:00 p.rn. 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 exceptwhere Grantee and Sub grantee have mutually agreed upon another date. D. Sub grantee 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 Sub grantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Sub grantee 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 Sub grantee 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 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 Supplement,al 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. Sub grantee 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 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. Liability. 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 Subgranteeshall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Sub grantee is a governmental entity within the meaning of the preceding sentence, Sub grantee shall indemnify Grantee form claims asserted by to' third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee hannless 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, nor 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 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, to'gether 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 Sub grantee 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, Sub grantee 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 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 Sub grantee 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 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 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: 1. Any representation by S1,lbgrantee in this Agreement is inaccurate or incomplete in any material respect, or Sub grantee has breached anycondition 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, 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 any one 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: 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 toSubgrantee; , 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 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 Sub grantee 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 Sub grantee 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, 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 Arumal Budget P~ojection Form" Note: All other grant administrative forms will be provided by Grantee as necessary or posted on the DEM website: www.floridadisaster.org. The sub grantee may be provided the option of using electronic forms placed on our Internet based document management system at: http://dcaenterorise.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 Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE:. ' Timo'+1\~ I.Al\C\,~ FIre... ChI t~ --fft't, oft W~~JE(~* 7, B. S ' cl ;'-f W',V\ter- Spnyvjs) FL- 'tJ2.'7D<l ARTICLE XXVI. Desil!:nation of Al!:ent. Subgrantee hereby designates iimD+n~ ~\ \Ov+hrn as its primary agent, and designates \L\j)\"on. L-ottt\A.Q-t- 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: &~ c;-2?-OIf ~<-:;~ (N ) ''iV'Ov~oV [-John F; 0US~) (Title) 5~+{f\I\;bU d-O) 'JOGy (Date) , ~o~~3(oLi Federal Employer Identification Number (FEIN) (Date) Public Assistance Program Program 9 " STATE OF flORIDA DEPARTMENT OF COMMUNITY AFFAIRS H Dedicated to making Florida a better place to call homeH IEB BUSH Governor THADDEUS COHEN Secretary October 11,2004 , MEMORANDUM TO: All Sub-grantees for Public Assistance Executed Disaster Relief Funding Agreement. VIA: Frank J. Koutnik Deputy State Coordinating Officer for Recovery FROM: Del Streid State Public Assistance Officer SUBJECT: Executed Disaster Relief Funding Agreement Enclosed is a copy of the Public Assistance Federally and State Funded Subgrant Disaster Relief Funding Agreement for Hurricane Charley FEMA-1539-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), Payment of large projects will be made on a cash reimbursement basis, subject to receipt of a "Request for Reimbursement (RFR)" form and a "Summary of Documentation of Expenditures (SOD)" by PW, these are Attachments A and B, respectively, to the Public Assistance Agreement and can be submitted online at floridapa.org, Accurate records of disaster costs must be maintained for three (3) years from the date of final payment. 2 5 5 5 S HUM A ROO A K B OU lEV A RD.' TAll A HAS SEE, F lOR IDA 3 2 3 9 9 - 2 1 0 0 Phone: 850 488,8466/Suncom 278,8466 FAX: 850,921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN fiELD OffiCE 2796 Overseas Highway, Suite 212 Marathon, fL 33050,2227 0051 289,2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399,2100 (8501488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, fL 32399,2100 (8501 413,9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, Fl 32399,2100 (8501 ~88,7956 _~ RESOLUTION NO. 2004-44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, GRANTING THE MAYOR SOLE SIGNATURE AUTHORITY TO ENTER INTO DISASTER RELIEF FUNDING AGREEMENT NO.OS-PA-C%-06-69-02-685, ATTACHED HERETO AS EXHIBIT "A" AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PURPOSE OF RECEIVING FUNDS FOR ELIGIBLE DISASTER RELIEF ACTIVITIES; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 2(b) of the Florida Constitution, municipalities have governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law ("Municipal Home Rule Authority"); and WHEREAS, the State of Florida has experienced severe damage and destruction due to Tropical Storm Bonnie and Hurricane Charley; and WHEREAS, the President of the United States declared major disaster in all counties in the State of Florida, causing the Public Assistance Program to be made available to eligible applicants in these declared counties; and WHEREAS, the City of Winter Springs suffered extensive damage from Hurricanes Charley and Frances requiring the City to organize and fund considerable clean-up efforts; and WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of the funds from the Public Assistance Program requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with eligible political subdivisions of the State; and WHEREAS, the Department of Community Affairs receives these grant funds from the State of Florida and the federal government, and has the authority, under section 252.373, Florida Statutes, to disburse these funds to the City of Winter Springs upon the terms and conditions set forth in Disaster Relief Funding Agreement No. OS-PA-C%-06-69-02-685, attached hereto as Exhibit "A" and fully incorporated herein by this reference; and WHEREAS, the City Commission of the City of Winter Springs desires to grant the Mayor sole signature authority to enter into Disaster Relief Funding Agreement No. OS-PA-C%-06-69-02- 685; and City of Winter Springs Resolution 2004-44 Page 1 of 2 ti WHEREAS, the City Commission of the 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. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. City Commission Declaration of Authority for Mayor's Sole Signature Authority. The City Commission hereby grants the Mayor the sole signature authority to enter into Disaster Relief Funding Agreement No. OS-PA-C%-06-69-02-685, attached hereto as Exhibit "A" and fully incorporated herein by this reference, with the State of Florida Department of Community Affairs for the purpose of receiving funds for eligible disaster relief activities. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Sprints, Fiorida, in a regular meeting assembled on the ~~ day of September, 2 /~~'~G~ JO F. BUSiti; R7ayar LORENZO-LUACES, City Clerk Approve"d as to legal form and sufficiency for the Ci Winter Springs only: NTHON . GARGANESE, City Attorney City of Winter Springs Resolution 2004-44 Page 2 of 2