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HomeMy WebLinkAboutResolution 2004-53 Disaster Relief Funding RESOLUTION NO. 2004-53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, APPROVING TWO DISASTER RELIEF FUNDING AGREEMENTS BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF WINTER SPRINGS, THESE AGREEMENTS ARE IDENTIFIED AS 05-PA-G%-06-69-02-770 AND 05-PA-E=-06- 69-02-521 RESPECTIVELY, AND APPOINTING AN AUTHORIZED AGENT UNDER THESE AGREEMENTS AND PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND FORAN EFFECTIVE DATE. WHEREAS, the recent hurricanes had a devastating impact upon the City of Winter Springs and the State of Florida, and WHEREAS, the President ofthe United States declared the existence of a major disaster in all counties ofthe State of Florida, resulting in a Public Assistance Programs being established; and WHEREAS, the Public Assistance Programs provides federal financial assistance for eligible disaster relief activities, as determined and approved in the Agreements between the Federal Emergency Management Agency and the State of Florida, ("FEMA-State Agreements); and WHEREAS, the City of Winter Springs is an eligible sub-grantee under the FEMA-State Agreements, and to participate and receive funding the City must enter into Disaster Relief Funding Agreements 05-P A-G%-06-69-02-770 and 05-P A- E=-06-69-02-52I (hereinafter "Agreements") and appoint an authorized agent, responsible for receiving notices from the State of Florida, executing official documentation (request for payment, time extension requests, etc.) on behalf of the City and ensuring documentation is available for final inspections and audits as required by the Agreements; and 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. Recitals: The foregoing recitals are affirmed and incorporated as part of this resolution. City of Winter Springs, Florida Resolution # 2004-53 Page 1 of 2 Section 2. Section 3. Section 4. Section 5. Desbmation of Authority. The City's Mayor, John F. Bush, shall have the authority to execute, on behalf ofthe City of Winter Springs, Disaster Relief Funding Agreements 05-PA-G%-06-69-02-770 and 05-PA-E=-06-69-02-521. The City Manager, Ronald McLemore, shall have the full authority of the City Commission to receive all official notices and payments under the Agreement and shall be responsible for signing all documentation sent from the City to the Department of Community Affairs relating to funding and administration of the Agreements, as well as any and all inspections and audits, as required by the Agreements. Repeal of Prior Inconsistent Resolutions: All prior inconsistent resolutions adopted by the City Commission are hereby repealed. Severability. If any section, clause, phrase, word, or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Effective Date: This resolution shall become effective immediately upon passage by the City Commission of the City of Winter Springs, Florida and pursuant to the City Charter. DONE AND ADOPTED in regular session ofthe City Commission ofthe City of Winter Springs, Florida this 25thday of October 2004. /' L.-. ,.. ..:7 ORENZO-LUACES, City Clerk Anthony A. Garganese, City Attorney G:\Lawyer\jeffb\City of Winter Springs\Resolutioos\Huricanne_Relief_Reso.doc City of Winter Springs, Florida Resolution # 2004-53 Page2 of 2 CITY OF WINTER SPRINGS, FLORIDA JOHN F. BUSH OFFICE OF THE MAYOR 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 City Telephone: 407-327-5956 Facsimile: 407-327-4753 Personal Mobile: 407-256-6987 Email: jfbush@winterspringsfl.org City Website: www.winterspringsfl.org November 10, 2004 Mr. Frank J. Koutnik Deputy State Coordinating Officer for Recovery State of Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Hurricane Charley Agreement No. 05-P A-C%-06-69-02-685 (City of Winter Springs) Dear Mr. Koutnik: The undersigned is the Mayor of the City of Winter Springs. Pursuant to my authority under City Resolution 2004-44, I am notifying the Department of Community Affairs that the City's Primary Agent, under Article XXVI of the Disaster Relief Funding Agreement, is hereby amended to designate Ronald W. McLemore, City Manager and Timothy J. Lallathin, Fire Chief as an Alternate Agent. Please contact me if you have any questions or concerns. Sincerely, <-, 11 _ ,~ -/. fdW~, State of Florida Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-PA-G%-06-69-02-770 CSFA No. 52600308; CFDA No. 97.036 Sub grantee: Winter Springs, City Of FIPS No. 117-78325-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Frances beginning September 1,2004, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Govemor in Executive Order 04-192. In consequence of the Event, the President of the United States on September 4, 2004, declared Major Disaster No. FEMA-DR-1545-FL in all counties in the State of Florida As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal fmancial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, The Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the 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 V.S.C. ~ 5121-5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. B. "FEMA-State Agreement" is the agreement dated September 4, 2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1545-DR-FL. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation 1 on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Fundinl!: 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 detennined 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; the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a detennination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should 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 Sub grantee. 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 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. Reauired Documentation. Reviews. and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, 2 together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54,100). 1. A Request for Advance or Reimbursement conforming to the attached sample. 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Shann!!. 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 derming 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 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. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its pre-disaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before the 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 Pavment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and, E. Sub grantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; 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-IIO, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations," 4 as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: 1. The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2. The expiration of three (3) years from the date offmal disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General ofthe United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. If upon final inspection, fmal 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. Sub grantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of ~ 11.42 Fla. Stat., and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. ~~ 7501-7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Sub grantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the 5 violation is cured or has otherwise come to fmal resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Sub grantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused 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. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by ~ 768.28(5), Fla. Stat., the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee 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, but that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites 6 are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the 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 Sub grantee 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 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 any one 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: I. 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 fmancial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of anyone or more of the 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 to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Sub grantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee ofliability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 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: I. 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: htq>://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: Ronald W. McLemore-City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 ARTICLE XXVI. Deshmation of Al!ent. Subgrantee hereby designates Ronald W. McLemore as its primary agent, and designates Timo thy Lalla thin as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SUBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: (Subgrantee) '(fP~ (Name) Jo F. Bush Mayor (Title) W. Craig Fugate, Director Division of Emergency Management (Date) Public Assistance Program Program (Date) 59-1026364 Federal Employer Identification Number (FEIN) 9 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 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 ELIGffiLE 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 belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUB GRANTEE SIGNATURE: NAME AND TITLE: DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) APPROVED FOR PAYMENT $ GOVERNORDS AUTIlORlZED REPRESENTATIVE ADMINISTRATIVE COST $ TOTAL PAYMENT $ DATE 10 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENTB SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): Applicanfs Reference # Delivery Date of DOCUMENT ATION Applicant (Warrant, Voucher, Claim or articles or Ust Documentation (Applicant payroll, material out of applicant stock, appllcant-ownad Eligible Costs Schedule #) performance of equipment and name of vendor or contractor) by category and line Item In the approvad ($$$) services. project application and give a brief description of the articles or services. Paoe Subtotal Current Expenditure Reauest (All Paoes) Total PW Amounts for all Aooroved 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 SUB GRANTEE QUARTERLY REPORT FORM ATTACHMENT C Subgrantee: FIPS: Disaster No. FEMA- -DR-FL Representative: Phone: ( ) State Grants Manager: Quarterly Report Period: _Jan-Mar _ Apr-Jun _ Jul-Sep _ Oct-Dec Date Submitted: Project Category Anticipated Percent Status/Remarksb Worksheet Completion Complete8 Number & Date Version(s) a Reflects work completed on the physical project. Information is required for FEMA Quarterly Reporting by the Grantee. b Utilize this to report potential delays, over/underruns, etc. 12 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUBGRANTEE ANNUAL BUDGET PROJECTION FORM ATTACHMENT D Subgrantee: FIPS: Disaster No. FEMA- -DR-FL Representative: Phone: ( ) State Grants Manager: State Fiscal Year: Date Submitted: Project Category Anticipated Percent Status/R.emarks<l Jul-Sep Oct-Dec Jan-Mar Apr-Jun Worksheet Cornpletion CompleteC Number & Date (Year) (Year) (Year) (Year) Version(s) C Reflects work completed on the physical project to date. Information required for the State's Fiscal Year Budget Projections. Due six months prior to the commencement ofthe 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 of legislative requests for state match funding and federal pass through authority. .. 13 ST ATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-PA-E=-06-69-02-521 CSF A No. 52600308; CFDA No. 97.036 Subgrantee: Winter Springs, City Of FIPS No. 117-78325-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Jeanne beginning September 26, 2004, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04-217. In consequence of the Event, the President of the United States on September 26,2004, declared Major Disaster No. FEMA-DR-1561-FL in all counties in the State of Florida As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the . necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgrantee. based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I.UefiDiffons. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,42 U.S.C. ~ 5121-5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. 1 B. "FEMA-State Agreement" is the agreement dated September 26,2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1561-DR-FL. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Fundinl! and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 C.F.R. Parts 13 and 206, which shall be ninety (90) percent of all eligible costs. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy- five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any non federal share for local government and private non-profit Subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costS have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Sub grantee 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. ~-~ ---~-~ ~~------------------~- ------7 - -~~ ~ -~-- 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. 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 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 2 that the project complies with the contract documents. ARTICLE VI. Required Documentation. Reviews. and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54,100). 1. A Request for Advance or Reimbursement conforming to the attached sample. 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B ofthis Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharinl!. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be ninety (90) percent of such costs, unless a higher percentage is approved, of such costs and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project W orksheet. ~ B. Grantee shall reimburse Sub grantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Request for Reimbursement Form conforming to the sample attached to this Agreement as Attachments A or Attachments C; 2. A Schedule of Projected Expenditures or Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B or Attachment D which shall be supported by original documents 3 such as contract documents, invoices, purchase orders, change orders and the like; and, 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before the commencement of any work. F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Sub grantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; 4 B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-II 0, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations," as amended. E. Subgrantee will maintain all docuJV.entation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: 1. The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2. The expiration of three (3) years from the date of final disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of ~ 11.42, Fla. Stat., and the Rules of the Auditor General; -4. . The tequh ements-of1he 8illgle*mlitAct-oftl}84~cPubiL.~2; ~ amended;jttJ;S.e:-~~- 7501-7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures 5 Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE 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.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence ofthis Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost-share funding. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into -----its-contract-witlt such. contractOI Ol-vendoran iml"lllllifilialivlI. dliu:se-holding-Gra.nteeamtSubgranteechamrlessi'ronrccc-------- liability to third parties for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by ~ 768.28(5), Fla. Stat., the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement, 6 holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with ~ 252.37(4), Fla. Stat. B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit. C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in ~ 119.07(1), Fla. Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying:theLegisl~twG 01 8liy of ill! meuibGIl!,-anyempluYGG uf lhe; Stute-ofFtorida;anyMemberofCongress;cany 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 termi~ation 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 7 delay. ARTICLE XXIII. Events of Default. Remedies. and Termination. A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of anyone or more of the following: 1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reportuequired by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of anyone or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise anyone or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Sub grantee shall refund to Grantee -aU-funds-disbursetttu SUbgllillWIHlJIderthis- AgH~t::IIlt::nt------------ - un______________ _____m --- ~ --- F. The venue of any action or proceeding by either Grantee or Sub grantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount ofrestitution 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. l 8 ARTICLE XXIV. Attachments. A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: I. Attachment A "Request for Advance" 2. Attachment B "Summary of Projected Expenditures" 2. Attachment C "Request for Reimbursement" 2. Attachment D "Summary of Documentation of Expenses Claimed" 3. Attachment E "Quarterly Report Form" 4. Attachment F "Subgrantee Annual Budget Projection Form" Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the DEM website: www.floridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: Ronald W. McLemore - City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 ARTICLE XXVI. Desil!Dation of Al!ent. Subgrantee hereby designates Ronald W. McLemore as its primary agent, and designates Timothy Lallathin as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SUBGRANTEE: ----~AR'fMENT-OFroMMUNIT y AFFAIR8;--- State of Florida, By: W. Craig Fugate, Director Division of Emergency Management (Name) Mayor (Title) (Date) Public Assistance Program Program ~ate) 59-1026364 Federal Employer Identification Number (FEIN) 9 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT A Request for Advance for Public Assistance Funds SUB GRANTEE NAME: ADDRESS: DCA AGREEMENT NO: DISASTER NO: FIPS NO: PW PREVIOUS PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST AMOUNT '.' " , ' TOTAL CURRENT REQUEST $ COMMENTS: I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE: NAME AND TITLE: DATE: 10 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT B SCHEDULE OF PROJECTED EXPENDITURES FOR ELIGIBLE DISASTER WORK (SOPE) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): Applicanfs Reference # Delivery Date of DOCUMENTATION Applicant (Warrant, Voucher, Claim or articles or Ust Documentation (Applicant payroll, material out of applicant stock, appllcant-owned Eligible Costs Schedule #) perfonnanca 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. -~ __'_~___W____ -- -- -------- -- ----.------- - .-.-....--- n_____ _______ __~___.._m___ ______ .---.-.-... -.--- Paae Subtotal Current Expenditure Request (All Pages) Total PW Amounts for all ADDroved Versions Over or Under Run (Final SOD Onlv) 11 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENTC Request for Reimbursement for Public Assistance Funds SUB GRANTEE NAME: ADDRESS: DCA AGREEMENT NO: DISASTER NO: FIPS NO: PW PREVIOUS PW# CATEGORY % COMPLETE ELIGffiLE PAYMENTS CURRENT REQUEST AMOUNT TOTAL CURRENT REQUEST $ COMMENTS: I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE: NAME AND TITLE: DATE: 12 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT D SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): Applicant's Reference # Delivery Date of DOCUMENTATION Applicant (Warrant, Voucher, Claim or articles or List Documentation (Applicant payroll, material out of applicant stock, appllcant-owned Eligible Costs Schedule #) performance of equipment and name of vendor or contractor) by category and line item in the approved ($$$) services. project application and give a brief description of the articles or services. \. _.---_..._-------~- -- ---------- ____n_____"__. .----- ---- - - ---------- ---------- --... - -- ---- ------------- - -------..------- H"_ ._""- -_._----~--- 1---- Page Subtotal Current Expenditure Request (All Pages) Total PW Amounts for all Approved Versions Over or Under Run (Final SOD Onlv) 13 i iFLORIDA DEPARTMENT OF COMMUNITY AFFAIRS I ! DIVISION OF EMERGENCY MANAGEMENT SUB GRANTEE QUARTERLY REPORT FORM ATTACHMENT E Subgrantee: FIPS: Disaster No. FEMA- -DR-FL Representative: Phone: ( ) . i Quarterly Report Penod: _Jan-Marl_ Apr-Jun _ Jul-Sep _Oct-Dec I i State Grants Manager: Date Submitted: Project Category Anticipated petcent Status/Remarksb Worksheet Completion Conipletea Number & Date I i V ersion( s) I , i , i i i a Reflects work completed on the physical ~roject. Information is required for FEMA Quarterly Reporting by the Grantee. b Utilize this to report potential delays, ov~r/underruns, etc. 14 IFLORIDA DEPARTMENT OF COMMUNITY AFFAIRS : DIVISION OF EMERGENCY MANAGEMENT ~UBGRANTEE ANNUAL BUDGET PROJECTION FORM ATTACHMENT F Subgrantee: FIPS: Disaster No. FEMA- -DR-FL Representative: Phone: ( ) State Grants Manager: State Fiscal Year: Date Submitted: Project Category Anticipated Percent StatuslRemarksd Jul-Sep Oct-Dec Jan-Mar Apr-Jun Worksheet Completion CompleteC Number & Date (Year) (Year) (Year) (Year) Version(s) i C Reflects work completed on the PhYSiCal~. roject to date. Information required for the State's Fiscal Year Budget Projections. Due six months prior to the commencement of the new State's Fiscal . ear. d Utilize this to report potential delays, ov r/underruns. Failure to accurately project quarterly needs may affect the availability of funds in a quarter, which is the basis oflegislative requests for state m~tch funding and federal pass through authority. I I I : 15