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HomeMy WebLinkAboutResolution 2004-44 Disaster Relief Funding 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. 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; 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 Bonnie 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 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 of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Spqngs, Florida, in a regular meeting assembled on the 20th day of September, 2004. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO LUACES, City Clerk Approvell as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2004-44 Page 2 of2 .. . STATE OF FLORIDA DEPARTMENT 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 TO: All Subgrantees for Public Assistance Disaster Relief Funding FROM: Del Streid, State Public Assistance Officer 015 SUBJECT: Disaster Relief Funding Agreement Enclosed is the originai Disaster Relief Funding Agreements for Federal and State assistance for Hurricane Charley (FEMA-1539-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 Agreement (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 32399-21.0.0 Phone: 850.488.8466/Suncorn 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htto:/Iwww.dca.state.fl.us CRITICAL STATE CONCERN FiElD OFFICE 2796 Overseas Highway, Suite 212 Marathon, fL 3305Q..2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevanl Tallahassee, fl 32399-2100 (850) 483-2356 EMERGENCY MANAGEMENT 25S5 Sh_d Oak Boulevanl Tallahassee, FL32399-2100 (850)413-9969 HOUSING It COMMUNITY DEVELOPMENT 255S Shumard Oak Boulevard Tallahassee, fL 32399-2100 (850) 483-7956 , .J 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 of the 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.fl.us. STATE OF FLORIDA Department of Community Mfairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-P A-C%-06-69-02-685 CSFA No. 52600308; CFDA No. ~ 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 fmancial as~istance, and the State has undertaken to share those costs, as appropriated, with its Sub grantees; 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 ~onditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the 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 Reliefand 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 Ernergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1539-DR-FL. ARTICLE ll. 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. Fundinl! and Insurance. Grantee shall provide funds to the Sub grantee 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 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 procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee With a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment frorn 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. Plannin2 and Permittin2 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 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 Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, 2 together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54,100). 1. A Request for Advance or Reimbursement conforming to the attached sample. 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for ftnalinspection; 4. A signed Project Completion and Certiftcation Report upon the completion of all projects; and 5. The Project Completion and Certiftcation Report specifted 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 requirernents 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 specifted on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE Vll. Cost Sharinl!. The federal share of the eligible costs specifted in the Project Worksheets under this Agreement shall be seventy-ftve (75) percent, unless a higher percentage is approved, of such costs and the nonfederal share shall be the remaining arnount. Payment of all or a specifted 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 notiftcation 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 notiftcation certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 3 1. S1.1bgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; . 3. Subgrailtee 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 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 Agreernent was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance o{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 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 oflaw: 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 ofManagernent and Budget Circular No. A-IIQ, ''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, 1. The completion of ftnal inspection and final audit, and the fmal resolution of any issues identifted 2. The expiration of three (3) years from the date offmal disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller Gelleral of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. If upon ftnal inspection, fmal audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursernents 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-ftve (45) days from the date Subgrantee is notifted of such .. deternrination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certifted Public Accountant if its total expenditures of federal fmancial assistance for the most recent ftscal 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 ofCertifted Public Accountants; 3. The requirements of ~ 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. ~S 7501-7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identifted by the serial contract identification number for this Agreement. If the Subgrantee is a private nonproftt 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 ftscal 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 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. NoncomDliance. If the Sub grantee violates this Agreement or any legislation, regulation, statute, role 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 Agreernent and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XlV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F .R. Parts 7 and 16, and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.RPart 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 Supplernental 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. 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 indenmifIcation clause holding Grantee and Sub grantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specifIed in Article XXV of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by ~ 768.28(5), Fla. Stat., the Subgrantee shall be solely responsible to any and lill 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 Subgrantee harmless from the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, 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 rnatter 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. ReDorts. 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 fmal 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 Sununary 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(1), Fla. Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXITI. 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 any one 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 ~ormation; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of anyone or more of the following events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise anyone or more of the following rernedies: 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 Agreernent, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreernent 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 Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreernent. 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 de obligate 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 incolporated into this Agreement by reference as if set out fully in the text of the Agreement itself. 8 . . B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: 1. Attachment. A "Request for Advance or Reimbursement" 2. Attachment B "Summary of Documentation of Expenses Claimed" 3. Attachment C "Quarterly Report Form" 4. Attachment D "Subgrantee Annual Budget Projection Form" Note: All other grant administrative forms will be provided by Grantee as necessary or posted on the DEM website: www.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 telefacsirnile, 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:. Timothy Lallathin, Fire Chief City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates Timothy Lallathin as its primary agent, and designates Kipton Lockcuff 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 Agreernent: FOR THE GRANTEE: FOR THE SUBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: John F. Bush Mayor September 20, 2004 59-1026364 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: DEe NO: ADDRESS: FIPS NO: PAYMENT NO: DCA AGREEMENT NO: DSR DCA USE ONLY ELIGffiLE PREVIOUS CURRENT AMOUNT PAYMENTS REQUEST APPROVED FORPAYMBNT 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 belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUB GRANTEE SIGNA1URE: NAME AND TITLE: DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) APPROVED FOR PAYMENT $ GOVERNORDS AUTHORIZED REPRESENTATIVE ADMINISTRATIVE COST $ TOTAL PAYMENT $ DATE 10 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENTB SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGmLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): Applicants Reference # DellvlllY Date of DOCUMENTATION Applicant .(WalTllnt, Voucher. Claim or artIdes or Ust Documentation (Applicant payroll. material out of applicant stock, appllcant-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 artldes or services. Pace Subtotal . Current Expenditure Request (All Paces) Total PW Amounts for al/Aooroved Versions Over or Under Run (Final SOD Onlv) UPDATED: Apri117, 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: _Jan-Mar _ Apr-Jun _ Jul-Sep _Oct-Dee Date Submitted: Projeet Category Anticipated Percent StatuslRemarksD Worksheet Completion Completea Number & Date Version{s) . a Reflects work completed on the physical project. Information is required for FEMA Quarterly Reporting by the Grantee. b Utilize this to report potential delays, over/underruns, etc. . . FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUB GRANTEE ANNUAL BUDGET PROJECTION FORM ATTACHMENT D Subgrantee: FIPS: Disaster No. FEMA- -DR-FL Representative: Phone: ( ) State Grants Manager: State Fiscal Year: Date Submitted: Project Category Anticipated Percent StatusJRemarksQ Jul-Sep Oct-Dee Jan-Mar Apr-Jun Worksheet Completion CompleteC Number & Date (Year) (Year) (Year) (Year) Version(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. are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or locallesal requirements concerning such substances. Subgrantce fw1her represents that the presence of any such substance or any condition at the site caused by the presence of any sucb substance shaD be addressed in accordance with an applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Onmtee, on the Quarterly Report Fonn confonning to the sample attached as Attachment C. The rust Qua11erly R.~ort shall be due at such lime as Subgranlec is notified. All subsequent Quarterly Report 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 iwJpoctions shall be scbeduled by Subgrantee before the final inspection, and may be required by Grantee based on information $Upplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgranree shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or R.eimbunement, the Summary of Documentation, 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 perfonnance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disburse.ment to Grantee offederal funding in accordance with ~ 252.37(4), Fill. 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 tenninate this Agreement for refusal by the Subgrantce and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requitements in ~ 119.07( I). Fla. Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements sh4ll constitute the nonperfonnance of a condition under this Agreement, lU1d shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under Ws Agreement will be used for the purpose of lObbying the Legislature or any of its mem~rs, lUly employee of the State of Florida, any member of Congress, any officer Or employee of Congress, or any employee of I Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Sub grantee certifies that it possenes the legal authority to receive the fund!. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall ~ cau.se Cor the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantec Agreements. ARTICLE XXII. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Pederal Emergency Management Agency, unlcas terminated earlier as specified elsewhtte in this Agreement. Subgrantee shall commence projcct(s) specified by this Agreement without delay. ARTICLE XXln. Events of Default.. Remedies. and Termination. A. Upon the occurrence ohny one or mOre of the following events all obligation of Grantee to disburse further funds Wlder 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 paymenb after thc occunence of anyone or more 7 such events without waiving the right to exercise such remedies and without incurriDg liability fo( further payment. Grantee may at its option terminate this Agreement aqd any and all funding under this Agreement upon the OCCWTence of anyone or more of the following: 1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or SubgJlUltee has breached any condition of this Agteement or any previous agree~nt with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligationl under this Agreement; 2. Subgrantee sufTets any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any repona 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 repons required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, ineomplete, 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 ofche following events, Orantee may at its option give notice in writing to Subgrantee to cure its failure ofped'onJlllnce if such failure may be cured. Upon the failure of Sub grantee to cure, Grantee may exercise anyone or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) day! notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any pa}'lDent or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with SUbgrantee; and, 4. Take any omor remedial actions that may otherwise be available under law. C. Grantee may t.enninate this Agreement for any misrepresentation of matnial fact, for failure or non- perfonnance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Rescission, suspension 01 termination of this Agreement shall constitute final action by the Grantee within the meaning of the Administrative Procedure Act, as amended. NotwithstandiDg the preceding sentence, any deobligation of funds or other delmnination by the Federa) Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or tennination ofl this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Sub grantee 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. NotwithstandiQg anythina to the contrary elsewhere in this Agreement, the rescission, suspension or tennination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Sub grantee under this Agreement, and Grantee may set off Iny such fuDds by withholding fuMe disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount ofrestitutioll due Grantee from Sub grantee is detennined. In the event the Federal Emergency Management Agency should deobligale funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Sub grantee 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 Subgl'lwtee. ARTICLE XXIv. Attachments. A. All attachments to this Agreement are incorporated into this Agreement by reference as if sel out fully in the te1tt of the Agreement itself. 8 B. In the evont of any incomistencics between the language of this Agreement and the Anachm~nts to it, the language oftbe Attachments shall be controlling, but only to the extent of such illconaistenc:ies. C. This Agreement has the following attachment!;; 1. Attachment A "Request for Advance or Reimbursement" 2. Attachment B "Summary of Documentation of Expemes Claimed" 3. Attachment C "Quarterly Report Fonn" 4. Attachment 0 "Subgrantee Annual Budget Projection Form" Note: All other grant administrative follDS will be provided by Grantee IS necessary or posted on the DEM wcbsite: www.f)oridadisaster.org. The subgrantec may be provided the option of using ~lectronic fonns placed on our Intemel based document management system al: httn://deaenternrise.eoc:online.orlt. ARTICLE XXV. Nedce and Contaet. All notices under this Agteem~t shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR mE GRANTEE: W. Craig Fugare, Director Division of Emergency Management Dcpal'1nWDt of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: ARTICLE XXVI. Designation of Agent. Sub grantee hereby designates as its primary agent, and designates as its alternate agent, to execute any Requesl for Advance or Reimbursement, certification, or other necessary docwnentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: FOR THE SUBGRANTEE: (Subgrantee) John F. Bush W. Craig Fugate, Director Division of Emergency Management (Date) (Date) {Public Assistance Program Program Federal Employer Identification Number (FEIN) 9 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT A Request for Advance or Reimbursement for Public: Assistance Funds SUB GRANTEE NAME: DEe NO: ADDRESS: FIrS NO: PAYMENT NO: DCA AGREEMENT NO: DSR DCAUSBONLY BUOIBLE PREVIOUS CURRENT AMOUNT PAYMENTS RBQUBST APPI.OVID PORMYMBNT CONMENJ'S PWtI CATIlGORY - % COMPLBTI!_ PWtI CATEOORY - % COMPUITE_ PWtI CATEOORY - % COMPL6Te_ PWtl CII.T200RY - % COMI'LETlS_ PWtI CATEGORY - % COMPlBTE_ TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previsouly requested for these amounts. SUBGRANTEE SIGNATURE: NAME AND TITLE; DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFPAIRS (DCA) APPROVED FOR PAYMENTS GOVERNORS AUTHORIZED REPRESENTATIVE ADMlNlSTRATIVE COST S TOTAL PAYMENT $ DATE 10 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT B SUMMARY OF DOCUMENTA nON OF AMOUNT CLAIMED FO~ ELIGIBLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): ApPl'ca'lt., Refenllcl /I Deihl.", 0... or DOCUMENTATlOO AppllWlnl (WalT8nt. Vouch.r. CIBlm or InitiO' Or LIlt Dccum&ntatlon (Appllc.", flllyroll, ..../eIlol M oI.,PlICalll etock, IIPpllcanl-owned ElIgtble Coala Schedule II) oerfol1ll8llC8 of Il\UlpmeN 'M n.me or v.nGer or contfl*n 0)/ CMlGO'Y 1M II,. 118m In Ihe approved (SSS) IIIMC.I. project .""lIeIl/OIllnll elV$ . OI1,r dtllCrfpUoo of CIW er1ld.1 or "NIce.. Paae Subtotal Current EXDendlture Request (All Pages) Total PW Amounts for all ADDroved Versions Over or Under Run (Final SOD Onlv) UPDATED: April 17>> 2003 Page_oi_pages 11 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS nmSION OF EMERGENCY MANAGEMENT SUBGRANTEE QUARTERLY REPORT FORM AITACBMENT C U1 IJl lJ I ,,~ --J I I\J IS) IS) A ...... I\J IS) (,.oJ Subgrantee: FIPS: Disaster No. FEMA- -DR-FL Representative: Phone: ( ) State Grants Manager: () -t --< 0 ." E - Z -t m :;0 U1 lJ :;0 Z Cl .' U1 . - Quarterly Report Period: _Ian-Mar _ Apr-Jun _ Jul-Sep _Oct-Dee Date Submitted: Project Category Anticipated Pereent StatusIRemarksb Worksheet Completion Complete& Number & Date Version(s) A IS) -oJ (,oJ I\J -oJ A -oJ Vl (,oJ · Reflects work completed on the physical project Information is required fOl FEMA Quarterly Reporting by the Grantee. II Utilize Ibis to report potential delays. ovcr/undemms, etc. lJ ...... Vl FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUBGRANTEE ANNUAL BUDGET PROJECTION FORM ATIACHMENT D Ul I'T1 "1J I ... -J I N CSl CSl A .... N CSl W Subgrantoe: FIPS: Disaster No. FEMA- -DR-FL Represenfati ve: n Phone: ( ) State Grants Manager: ~. -< State Fiscal Year: Dale Submitted: o 11 1:: - Z -t m :;u Ul "1J :;u Z Cl Ul Project Category Anticipated Percent Stat:uslRemar1cs~ Jul-Sep Oct-Dee lan-Mar Apr-Jun Worksheet Completion CompleteC Number & Date (Year) (Year) (Year) (Year) Version(s) A CSl -oJ W N -oJ A -oJ Vl W -4 ~ -4 J2 C Reflects work oompleted an the physical project to dale. Information required for tlIe State's Fiscal Year Budget Projections. Due six months prior 10 the OOIDIDCnoc:ment oflhc new State's Fiscal Year. ~ Utilize this 10 report potential delays, overlllndemms Failure to accurately project quarterly n~ds may a.ffi:ct the availability of funds in a quarter, whi(;h is the basis of legislative requests for st3tl: match funding and federal pass through authority. "1J 1) .... (]'I ~ ')"\ STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. OS-PA-C~o-o6-6.9-C11-68S CSFA No. 52600308; CmA No. 97.036 Subgrantee: Winter SpriDgs, City of FlPS No. 117-78325~O nus Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee") and. the undersigned Slate Agency or political subdivision of the State (hereinafter referred to as the "Subgrantecn) 'This Agreement is based on the existence oftbe following facts and conditions: A. WHEREAS, Tropical Stonn Bonnie and Hunicane Charteybeginning August t 1,2004, and thereafter, bad a devastating impact upon the State of Florida. The severity of the damage and 10$ses resulted in a proclamation of emergency by the Governor in Executive Order 04-182. In CODliequence oftbc Event, the President of the United States on Augusr 13, 2004, declared Major Dillasrer No. FEMA-DR-J 539-FL in all counties in the State of Florida. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requirell the State to s1we the costs eligible for federal financial assistance, and the State has undertaken to 5hare those costs, as appropriated, with its Subgrantoes; and, C. WHEREAS, The Grantee represents that it i$ fully qualified and eligible to receive these grant fun<h to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHERBAS, the Grantee receives these grant funds from the State of Florida and the federal government, lUld has the authority. wuler Section 252.373, Fla. Stat. to disburse thelle funds to the Sub grantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being con5idered to provide for the necessary funds and authority for this event. Undel the Emergency Managetneut Act, as amended, the Department has authority to administer federal financial usistance from the Agency consequent to a presidential declaration of disaster. NOW, TIlEREFORE, the G1anlee and Subgrantee, bu!:d upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Delinitions. As used in rhis Agreement, the fonowing terms shatl have the following meaningll unless another meaning is specified elscwhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, llIId in the Robert T. Stafford Disast~ Relief and Emergency Assistance Act, Public Law 93-288, IlS amended, 42 u.se. ~ 5121-5201; 44 C.F.R. Pan 206; and applicable policies of the Feden\! Emergency Management Agency. B. "PEMA-Sute Agreement" is the agreement dated August 14, 2004, between the Federal ~mergency Management Agency and the Slate of Florida, (or thc Major Disaster No. FEMA-l S39-DR-FL. ARTICLE ll. Applicable Law. The parties agree to all the conditioDS, obligations, and duties imposed by the FRMA-State Agreement and all applicable state and federal legal requirements including, without aay limitation on tb!: generality of the fore-going, the requirements of 44 C.F.R.. Parts 13 and 206, and the polieies of the Federal Emergency Management Agcncy. 1 EXHIBIT" A" ARTICLE III. Fund. De aDd Insurance. Grantee shall provide funds to the Subgrantee for eligible activitie, for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shan be detennined as per 44 C.F.R. Parts 13 and 206. A. The lJpproved Project Worksheets shall be transmitted to Subgrantec, a:Qd shall state the cumulative funding allowed, the scope of the eligible project, ilnd the costs eligible under this Agreement. Project Worksheets may obligate or deohligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total elipble costs and the total federal share of those costs, which shalJ be seventy- five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislatw'e, the Grantee may provide some portion of any nonfcderal share fOJ local government and private non-profit Subgrantees. As a condition of reeeipt of the federal tunding; the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. A$ a condition to funding under this Agreement, the Sub grantee agrees that the Grantee may withhold fund, oth~rwise payable to Subgrantee from any disbursement to Grantee upon a delmninatioD 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 fu.t1ding under this Agreement, the Subgrantee agrees to procure insuunce sufficient for the type or types of hazards (or which the disaster was declared to cover any and all projects to be funded under this Agreement wheJe 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, DUDllutlon aCRenents 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 Buch 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 Wotlcsheets 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 Agrl:ement the Subgrantee gives Grantee Or the ChiefPinancial Officer-Departmellt of Financial Services of the State of Florida the authority to set otTthc sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Sub grantee. ARTICLE v. CompU.nce with EnvlrDnmental. Plannln2 aad PermitttDI! Laws. Subgrantee shall be responsible (OJ the implcmct1tation and completion of the approved project! described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applioable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land USc pennitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantec shall ensure that any development or de'Velopment order complies with all applicable planning, permitting and building requirementa. Subgrautee 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 InsDeeUoDl. Subgcantee ahatl create lIJld maintain documentation of work performed and costs incurred on each project identified in a Project W orksbeet sufficient to permit a fonnal audit comporting with ordinary, customary and prudent public accounting requirements. Upon 1hc failure of Subgrantee to create and maintain such documentation, Grantee may terminate further tunding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantce, 2 together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Luge Projects (the Small Project threshold for this declaration is $54, I 00). I. A Request for Advance or Reimbursement conforming to the attached sample. 2. A Swnmary of Documtntation Form conforming to the sample attached to this Agreement as Attachment B, which shalt be supported by original documents such as contraet documenu, invoices, purchase orders, change orders and the like; 3. A request for fanal inspection; 4. A signed Project Completion and Certification Report upon the cOfi1lletion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. for all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shilll state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been perfonned within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Shario2. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy-five (75) percent, unless a higher percentage is approved, of such costs and the nonfederal share shall be the remaining amount. Payment of all or I specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative cost$ in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Par1206 and do not require Illllrching 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 di$huue the federal and non federal shares of the eligible costs for Small Projects to Subgrllntce as SOon as practicable after execution oftbis Agreement and fonnal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederalshares oCtile eligible costs for Large Projects liS soon ti practicable after Subgrantee has delivered the follOwing documents to Grantee: I. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreelmnt as AttaGhment Ai 2. A Summary of Documentation Fonn conforming to the sample attached to this Agreement which shall be supponed by original docun1Cnts such as contract documents, inVOiCM, purchase ardors, change orden Ind the like; and, . 3. A lelter or notificatioll 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 I. Sub grantee shall demonstrate to Grantee that Subgnmtee has procedures in place to ensure that funds are disbursed to project vendo~, contractors, and subcontractors without unnecessary delay; 2. Subgrantee ghall submit to Grantee the budget $UpportiQg the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying rhe amO\mt of funds requested; 4. Subgrantee shall submit a completed Request for Advance Ol Reimbuf6ement Ponn; and, 5. Subgrantec shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often 85 practicable. and in any event not later than ten (l0) business days after the close of each calendar quarter. D. Sub grantee may make improvements to the project facility in cOJijunction with its restoration ofthe facility to in 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 publio, Sub grantee may request Grantee and the Federal Emergency Management Agency to IIpprove an alternate project in accordance with 44 C.F.R. Part 206 before the corrunencement of any work. P. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding \mder this Agreement from Sub grantee 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 ftnal payment to Subgrantee upon the performance or'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 hne perfol"lMd the final inspection; D. In the case of Small Projects, the Project Listing and Certification shaD have been reviewed by Grantee, or Grantee shall have performed a ftnal inspection; and. E. Subgrantce shall have requested final reimbunement. ARTICLE x. Records Maintenance. The fUnding of eligible COlla under this Agreement lIDd 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 "Unifonn Administrative ltequiccments for Grants and Cooperative Agreements to State and Local Govenunents," as codified in 44 C.F.R. Part 13, as amended; B. Office of Management and Budget Circular No. A-87. "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-II 0, "Uniform Administrative R.equirements for Grant$ and Other Agreements with InstitutiolU 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 documentarion concerning the projects funded W\der this Agreement until the occurrence of the following events, whichever is the later: I. The completion of fmal inspection and final audit, and the final resolution of any issues identified 2. The expiration of three (3) yean from the date affinal ~bUtJement under this Agreement. in the same; or, F. Sub grantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5;00 p.m.. on weekdays other than official holidays. ARTICLE XL :Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee, the Fedoral Emergency Management Agency or other authority determines that the disbursements to Sub grantee under this Agreement exceed the eligible costs, Subgranlee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrlmtee is notified of such determination. ARTICLE XII. ~ Subgrantee shall submit an Audit of Agreement Compliance to Grantee. and shall have an independent audit perConned by a Certified Public Accountant iC its total expenditures of federal fmancial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Sub grantee will conduct the audit in accordance with the following requirements: J. The standards established by the Comptroller General of the United States, as &pecitied in the General Accounting Office Standards for Audit of Governmental Organizations, Ptograms, Activities and FunctioD.'l; 2. The standards established by the American hutitute of Certified Public Accountants; 3, The requirements of ~ 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. U 7501.7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-B3, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract idtntification number for this Agreement. If the Sub grantee is a private nonprofit organization, it shall submit an olganiz;stion.widc audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantce except where Grantee and Subgrantee have mutually agreed upon another date. D. Sub grantee shall conduct such additional audits as Gnntee or the Federal Emergency Management Agency may detennine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Sub grantee has in place to protect its assets and to enJure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may Rcover from Sub grantee any dis;sl1owed com identified in an audit after such closeout. ARTICLE XIII Noncompliance. If the Sub grantee violates this Agreement or any legislation, regulation, statute, nlle or other legal requirement applicable to the performance of this Agreement, the Onntee may withhold any disbursement otherwise due Sub grantee for the project with respect to which the 'Violation has OCCUlTed until the 5 violation is cured or bas otherwise come to final resolution. If the violatiOtl is not cured, Grantee may tetminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII aud xxm of this Agreement. ARTICLE XlV. Nondiscriminatlon bv Contractors. Subgrantee ,hall undertake an active program of nondiscrimination in iu administration of disasteT assistance under this Agreemeat, u per 44 C.F.R. p~ 7 and 16, and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the Gene~ Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. fdodificadon. ~ time for performance of this Agreement may be extended Ooce lJDless the failure of Sub grantee to dose out the project is caused by events beyond i18 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 b~ funded under this Agreement may be requested by Sub grantee through Grantee, but the approval of any such modifications sball reside in the sole discretion of1he Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be Doted in a Supplemental Project Worksheet for the project. If o1herwise allowed undeT tb.i, Agreement, any extcl1.9ion shall be in writing and shall be subject to the 5ame 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 oCtile 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 Presid~Dtial Dedaralion. The time for 1he perfonnance of permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For LllJ'ge Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement .shaH be submitted to the Grantee not later than sixty (60) days after the date of the l.ut 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, whichev~ is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensioll8 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 conlracts with any othef contractor or vendor for perfonnance of all or any ponioo of the work required under this Agreement, the Subgrmtee shalt incorporate into ita contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third partic~ for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may tenninatc this Agreement by notice in writing delivered to the addren 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 affecl tbe rights, intere.sts, duties or responsibilities of either of the partiC$ or any allowable costs that have accrued 8S of the dll~ of the notice of termination. ARTICLE XIX, Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by 768.28(5), Fla. Stat., the Subgrantee shall be 90lely responsible to any and all contractors, vendors, and other parties with whom it contracts in per/onning this Agreement. Unless the Subgrantee is a governmental entity within the meanm, of the preceding sentence. Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the perfonnance of this Agreement, holding Grantee and Subgrantee harmless from the same. Abo: A. For the purpose of this Agreement, the Grantee and Subgranr.ee 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 Grantor 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 aridng 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