R04-195
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I! RESOLUTION NO. R 04- ¡,\6" I
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6 II A RESOLUTION OF THE CITY COMMISSION OF THE I
7 II CITY OF BOYNTON BEACH, FLORIDA,
8 II AUTHORIZING THE EXECUTION OF THREE
9 I DISASTER RELIEF FUNDING AGREEMENTS FOR
10 FEDERAL AND STATE ASSISTANCE FOR
11 HURRICANES CHARLEY, FRANCES AND JEANNE
12 BETWEEN THE CITY OF BOYNTON BEACH AND
13 THE FLORIDA DEPARTMENT OF COMMUNITY
14 AFFAIRS; AND PROVIDING AN EFFECTIVE DATE.
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17 I WHEREAS, under the Emergency Management Act, as amended, the Department of I
18 Community Affairs is granted authority to administer federal financial assistance from I
19 FEMA consequent to a presidential declaration of disaster, which was signed by President I
Bush for all three hurricanes; and I
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22 WHEREAS, to be eligible to receive disaster relief funding through the Federal I
23 Emergency Management Agency, (FEMA), these agreements must be executed with the State
24 of Florida since all federal disaster relief funding is actually distributed to the State and then
25 passed down on to local municipalities who qualify; and
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27 WHEREAS, upon recommendation of staff, the City Commission has determined
28 that it is in the best interests of the residents of the City to execute three (3) Disaster Relief
29 Funding Agreements between the City of Boynton Beach and the Florida Department of
30 Community Affairs for Federal and State assistance for Hurricanes Charley, Frances and
31 Jeanne. I
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33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I
34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as I
37 being true and correct and are hereby made a specific part of this Resolution upon adoption
38 hereof. I
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40 Section 2. The City Commission of the City of Boynton Beach, Florida does I
41 hereby authorize the execution of the three (3) Disaster Relief Funding Agreements for I
42 Federal and State assistance for Hurricane s Charley, Frances and Jeanne, which are attached I
43 hereto as Exhibit "A".
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45 Section 3. This Resolution shall become effective immediately upon passage.
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S:\CA \RESO'Agreements\Disaster Relief Funding Agreements.doc I
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3 I PASSED AND ADOPTED this ~ day of November, 2004.
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5 I CITY OF BOYNTON BEACH, FLORIDA
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22 ATTEST:
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S:\CA \RESO\Agreements\Disaster Relief Funding Agreements.doc
The City of BolJnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.fI.us
www.boynton-beach.org
December 3,2004
DEL STREID
PUBLIC ASSISTANCE
DISASTER FIELD OFFICE
100 SUNPORT LANE
SUNPORT CENTER
ORLANDO, FLORIDA 32809
Re: Disaster Relief Fundina Aareement
Dear Mr. Streid:
Enclosed please find a copy of Resolution No. R04-195 and three partially executed
original Disaster Relief Funding Agreements for Hurricanes Charley, Frances and Jeanne
that were approved by the City Commission at their meeting on November 16, 2004.
Once the agreements have been fully executed, please return a copy of each
agreement to my office for our files.
If I can be of any additional assistance, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
ét:Yn~
net M. Prainito, CMC
City Clerk
Enclosures
Copy to: William Mummert
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commissloo\DCA - DISASTER REUEF FUNDING AGREEMENT - R04-195.doc
America's Gateway to the Gulfstream
/ VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.!
) AGENDA ITEM REQUEST FORM
Requested City Cormnission Date Final FOIm Must be Turned Requested City Commission Date Final Fenn Must be Turned
MeetinΠDates in to City Clerk's Office Meetimi! Dates in to City Clerk's Office
o August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20,2004
o August 17, 2004 (Noon) August 2, 2004 o Octuber 19, 2004 (Noon) October 4, 2004
o September 7, 2004 (Noun) August 16.2004 o November 3,2004 (Noon) October 18,2004 "
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AGENDA ITEM 0 Pnblic Hearing 0 Legal L- -.,
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0 Announcement 0 Presentation :;¡:;
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RECOMMENDATION: Approve a resotution to authorize the execution of Disaster Relief Fundiug Agreements for
Federal and State assistance for Hurricanes Charley, Frances and Jeanne betweeu the City of Boyuton Beach and the
Florida Department of Community Mfairs.
EXPLANATION: To be eligible to receive disaster relieffunding through the Federal Emergency Management
Agency (FEMA), these agreement must be executed with the State of Florida since all federal disaster relief funding is
actually distributed to the State and then passed on to local municipalities who qualify. Under the Emergency
Management Act, as amended, the Department of Community Mfairs is granted authority to administer federal
financial assistance from FEMA coniêquent to a presidential declaration of disaster, which was signed by President
Bush for all three referenced hurricanes.
PROGRAM IMP ACT: By executing these agreements, the city is eligible to receive federal financial assistance for
the three reference hurricanes if we have incurred eligible costs.
FISCAL IMP ACT: Expenditures that occurred as a result of any of the three hurricanes may be eligible for
reimbursement from FEMA at 75%-100% of actual costs.
ALnRNATIVE', d J(~
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Department Name
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STATE OF flORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
n Dedicated to making Florida a better place to call home'
IEB BUSH THADDEUS L. COHEN, AlA
Governor Secretary
September 15, 2004
MEMORANDUM
TO: All Subgrantees for Public Assistance Disaster Relief Funding
FROM: Del Streid, State Public Assistance Officer (ij¿ 5
SUBJECT: Disaster Relief Funding Agreement
Enclosed is the original Disaster Relief Funding Agreements for Federal and State
assistance for Hurricane Charley (FEMA-I539-DR-FL). The funding agreement will provide funds for
eligible disaster relief activities specifically described in approved Project Worksheets (PW s).
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 ofthe 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 rALLAHASSEE, flORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htID:/Iwww.dca.stale fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 ShurnardOak Boulevard 2555 Shumard Odk Boulevard ]55$ Shumard Oak Boulevard
Maralhon,FlnOS0-2227 Tallahas5el', Fl32399-2100 Tallahassee, Fl 32399-2100 TaJlahassee,Fl31399"21OQ
005} 289--2402 (850) 488-2356 (850)413-9969 (850)488-7956
I. For counties, a board resolution or meeting minutes confirming the signature
authority.
2. For cities, a city commission resolution, meeting minutes, or a copy ofthe page(s)
rrom the city charter authorizing the signature.
3. For private nonprofit organizations, a copy of the page ITom 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 PubJic 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, PubJic Assistance
Should you have any questions, please feel fi-ee to contact Gary Freerksen, Deputy State
Public Assistance at (407) 858-2817 or by email: gary.fi-eerksen@dca.state.fl.us.
'KOL\--lqS-
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05-PA-C%-10-60-02-753
CSFA No. 52600308; CFDA No. 97.036
Subgrantee: Boynton Beach, City of
FIPS No. 099-07875-00
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 Stonn Bonnie and Hurricane Cbarley beginning August II, 2004, and thereafter,
had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation
of emergency by the Governor in Executive Order 04-182. In consequence of the Event, the President of the United
States on August 13, 2004, declared Major Disaster No. FEMA-DR-1539-FL in all counties in the State of Florida.
As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and,
B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency
Management Agency governing the use of such funds requires the State to share the costs eligible for federal
financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHEREAS, The Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein and agrees to comply with all the requirements of this Agreement; and,
D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal
government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Sub grantees upon
the terms and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department
has authority to administer federal fmancial assistance ftom 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 ofthe Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement dated August 14,2004, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-1539-DR-FL.
ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federallegat 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.
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ARTICLE III. Fundin2 and Insurance. Grantee shall provide funds to the Subgrantee for eligible
activities for the projects approved by the Grantee and the Federat 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 Sub grantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any
nonfederal share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Sub grantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee ITom 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 ITom any other
source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment
ITom 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 ITom
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Compliance with Environmental. Plannin2 and Permittin2 Laws. Subgrantee shall be
responsibte 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 InsDections. Subgrantee shaH create and
maintain documentation of work performed aud 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 tenninate further funding
under this Agreement, and Subgrantee shaH reimburse to Grantee all payments disbursed earlier to Subgrantee,
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together with any and all accrued interest.
A. Sub grantee shall submit the following documentation for Large Projects (the Small Project threshold for
this declaration is $54,100).
I. A Request for Advance or Reimbursement confonning 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.
e. Grantee will inspect Small Projects by random selection, and will conduct the fmal inspections on Large
Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets.
Costs not within the approved scope of work shall not be reimbursed.
ARTICLE VII. Cost Sharin!!. The federal share ofthe eligible costs specified in the Project Worksheets
under this Agreement shall be seventy-five (75) percent, mùess 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 Worksheet.
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Sub grantee has delivered the following documents to Grantee:
I. A Request for Advance or Reimbursement Form confonning to the sample attached to this
Agreement as Attachment A;
2. A Summary of Documentation Form confonning to the sample attached to this Agreement which
shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the
like; and,
3. A letter or notification certifying that the reported costs were incurred in the performance of
eligible work.
e. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
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I. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that
funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay;
2. Subgrantee shall submit to Grantee the budget supporting the request;
3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Subgrantee shall submit a completed Request for Advance or Reimbursement Fonn; and,
5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the
Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days
after the close of each calendar quarter.
D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the
facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee.
E. In any case in which Sub grantee certifies to Grantee in writing that the restoration of a damaged public
facility to its pre-disaster condition is not in the best interest of the public, Sub grantee may request Grantee and the
Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before
the commencement of any work
F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this
Agreement ITom 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. 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 perfonned 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 perfonned 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 "Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 C.F.R. Part 13, as amended;
B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-I 10, "Unifonn 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,"
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as amended.
E. Subgrantee will maintain aU documentation concerning the projects funded under this Agreement until the
occurrence of the following events, whichever is the later:
1. The completion of fmal inspection and final audit, and the fmal resolution of any issues identified
in the same; or,
2. The expiration of three (3) years !Tom the date of final disbursement under this Agreement.
F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5 :00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under
this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days !Tom the date Subgrantee is notified of such
detennination.
ARTICLE XII. A!!!!it Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shaU
have an independent audit perfonned 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 foUowing requirements:
I. The standards established by the Comptroller General of the United States, as specified in the
General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of § I tA2 Fla. Stat., and the Rules of the Auditor General;
4. The requirements ofthe Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. §§
7501-7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-t33, 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 shaU submit an organization-wide audit.
C. The audit shall be due not tater than seven (7) months after the close of the fiscal year for Subgrantee
except where Grantee and Sub grantee have mutually agreed upon another date.
D. Sub grantee shaU 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. NoneomDlianee. If the Sub grantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the perfonnance of this Agreement, the Grantee may withhold any
disbursement otherwise due Sub grantee for the project with respect to which the violation has occurred until the
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violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F .R. Parts 7 and 16,
and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification. The time for perfonnance 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 onty upon
execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Sub grantee through Grantee, but the approval of any such modifications shall reside in the sole discretion
of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in
a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be
in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement.
ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the
perfonnance of all conditions under it. Subject to any modification extending the time for the perfonnance of this
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the perfonnance of
emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the perfonnance of
pennanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the
Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement.
Sub grantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of
all work, or the approval ofthe Final Inspection by the Federal Emergency Management Agency, whichever is later.
The time for the perfonnance of this Agreement may be extended for cause by Grantee. Extensions shall not be
approved for delays caused for lack of cost-share funding. If any extension request is denied, Subgrantee shall be
reimbursed for eligible project costs incUlTed up to the latest approved date for completion. Failure to complete any
project will be adequate cause for the tennination of funding for that project.
ARTICLE XVII. Contraets With Others. If the Subgrantee contracts with any other contractor or vendor
for perfonnance 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 Subgrantee harmless from
liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may tenninate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such tennination shall take effect thirty (30)
days after the date of such notice. Such tennination 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 oftennination.
ARTICLE XIX. Liabilitv. Grantee assumes no liabitity to third parties in connection with this Agreement.
Untess the Subgrantee is a governmentat 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 perfonning this Agreement.
Untess the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall
indemnify Grantee fonn claims asserted by to third parties in connection with the perfonnance 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 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 perfonnance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
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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 confonning to the sample attached as Attaclunent 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 additionat 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),
Fta. Stat.
B. BiBs 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 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 tennination.
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 legat 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 shaH be cause for the rescission, suspension or tennination 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
tenninate upon approval of closeout by the Federal Emergency Management Agency, untess tenninated earlier as
specifIed elsewhere in this Agreement. Subgrantee shall commence project(s) specifIed by this Agreement without
detay.
ARTICLE XXIII. Events of Default. Remedies. and Termination.
A. Upon the occurrence of any one or more of the folJowing events, aH 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 tenninate this Agreement and any and all funding under this Agreement upon the occurrence
of anyone or more of the following:
1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee,
if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate information; or,
4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or
other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
B. Upon the occurrence of anyone or more of the 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 Sub grantee
to cure, Grantee may exercise anyone or more of the following remedies:
1. Tenninate this Agreement upon not less than fifteen (15) days notice of such tennination by
certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect
when delivered to Subgrantee;
2, Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment or any portion ofa payment otherwise due and
payable under this Agreement or any other Agreement with Subgrantee; and,
4. Take any other remedial actions that may otherwise be available under law.
c. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement.
D. Rescission, suspension or tennination of this Agreement shall constitute fmal action by the Grantee within
the meaning of the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any
deobligation of funds or other detennination by the Federal Emergency Management Agency shall be addressed in
accordance with the regulations of that Agency.
E. Upon the rescission, suspension or tennination of this Agreement, the Subgrantee shall refund to Grantee
all funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
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 any such funds by withholding future
disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact
amount of restitution due Grantee from Subgrantee is detennined. In the event the Federal Emergency Management
Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subgrantee shall 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 ofthe 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 Fonn"
4. Attachment D "Subgrantee Annual Budget Projection Fonn"
Note: All other grant administrative forms will be provided by Grantee as necessary or posted on
the DEM website: www.f]oridadisaster.org. The subgrantee may be provided the option of using electronic forms
placed on our Internet based document management system at: httD://dcaentemrise.eoconIine.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: FOR THE SUBGRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2 toO
ARTICLE XXVI. DesÏ!mation of A!!ent. Sub grantee hereby designates
as its primary agent, and designates 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: ''''"''''-'. r
W. Craig Fugate, Director
Division of Emergency Management (Nan
f/
(Title) (
/ .7 - ;J -<J 'I
(Date) (Date)
Public Assistance Program
Program Federal Employer Identification Number (FEIN)
9
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT A
Request for Advauce or Reimbursemeut for Public Assistance Funds
SUB GRANTEE NAME: DEC NO:
ADDRESS: FIPS NO:
PAYMENT NO: DCA AGREEMENT NO:
DSR OCA USE ONLY
ELIGIBLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
FOR PAYMENT COMMENTS
PW# ---
CATEGORY --
%COMPLETE_
PW#
CATEGORY
%COMPLETE_
PW#
CATEGORY
"10 COMPLETE -
PW# ----
CATEGORY --
%COMPLETE_
PW# -~.._-
CATEGORY
% COMPLETE -
TOTAL CURRENT REQUEST $
I certify that to the best afmy knowledge and belief the above accounts are correct and that a11 disbursements were made in accordance with aU
conditions of the DCA agreement and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNATURE:
NAME AND TITLE: DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (OCA)
APPROVED FOR PAYMENT $
GOVERNORUS AUTHORIZED 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: FIPS#:
Disaster #: Project Worksheet (PW) #(s):
App jcanfs Reference # Delivery Date of DOCUMENTATION Applicant
(Warrant, Voucher, Claim or artidesor List Documentation (Applicant payroll, material out of applicant stock, applicant-owned Eligible Costs
Schedule #) performance of equipment and name of vendor or contractor) by category and line item În the approved ($$$)
services. project application and give a brief description of the articles or services.
Page Subtotal
Current Expenditure Request (All Pages)
Total PW Amounts for all Approved Versions
Over or Under Run (Final SOD Onlvl
UPDATED: April 17,2003 Page_ of _ Pages
11
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
n Dedicated to making Florida a better place to call home"
JEB BUSH THADDEUS L. COHEN, AlA
Governor Secretary
October, 2004
MEMORANDUM
TO: All Sub-grantees for Public Assistance Disaster Relief Funding
VIA: Frank J. Koutnik
Deputy State Coordinating Officer for Recovery
FROM: Del Streid
State Public Assistance Officer
SUBJECT: Disaster Relief Fundina Aareement
Enclosed is the original Disaster Relief Funding Agreements for Federal and State assistance for Hurricane
Jeanne FEMA-1561-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 32399-2100
Phone: BSD.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: hltD://Www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas Highway,Su¡te 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, Fl 33050-2227 Tallahassee,Fl32399_21oo Tallahas>ee,Fl32399_21oo TaUahassee, Ft 32399-2100
{305} 289-2402 (850)488-2356 (850)413-9969 (850)488-7956
RO&.\-I'\5"
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05·PA-E=-10-60-02-717
CSF A No. 52600308; CFDA No. 97.036
Subgrantee: Boynton Beach, City of
FIPS No. 099-07875-00
This Agreement is between the State ofFJorida, Department of Community Affairs (hereinafter referred to
as the "Grantee") and, the undersigned State Agency or political subdivision of the State or private nonprofit
organization (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the
following facts and conditions:
A. WHEREAS, Hurricane Jeanne beginning September 26, 2004, and thereafter, had a devastating impact
upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the
Governor in Executive Order 04-217. In consequence of the Event, the President of the United States on
September 26, 2004, declared Major Disaster No. FEMA-DR-1561-FL in Brevard, Citrus, Charlotte, Collier,
DeSoto, Glades, Hardee, Hendry, Hernando, Highlands, Hil1sborough, lndian River, Lake, Lee, Levy, Manatee,
Marion, Martin, Miami-Dade, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Sarasota,
Seminole, St. Lucie, Sumter and additional counties that may be identified Jater 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 funy 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 tenns and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department
has authority to administer federal financial assistance ITom the Federa] Emergency Management Agency
consequent to a presidentia] 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 folJowing tenns shaH have the fol1owing
meanings un]ess another meaning is specified e]sewhere:
A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U,S.c. § 5121-5201;
44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement dated September 26, 2004, between the Federal Emergency
Management Agency and tlie State of Florida, for the Major Disaster No. FEMA-I56 I-DR-FL.
1
ARTICLE II. Aoolicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 C.F .R. Parts 13 and 206, and the poJicies of the Federal
Emergency Management Agency.
ARTICLE III. Fundin. and Insurance. Grantee shall provide funds to the Subgrantee for eligibte
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 shan state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets
may obligate or deob1igate 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 ninety (90)
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 nonfederaJ share for local government. 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 e1igible 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 aU projects to be funded
under this Agreement where insurance is available and reasonable. Subgrantee shaH provide Grantee with a certificate
of such insurance as a condition to funding under this Agreement.
ARTICLE IV. Duulication or Benelits 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 shaH without delay advise Grantee of any insurance coverage for the damage identified on the
appJicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.
Subgrantee shaH 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 ofFJorida the authority to set off the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Comoliance with Environmental. Plannine: and PermittinS! Laws. Subgrantee shall be
responsible for the implementation and completion of the approved projects described in the Project Worksheets in a
manner acceptabJe 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 shan ensure that any development or development order
complies with an applicable planning, permitting and building requirements. Subgrantee shan engage such competent
engineering, buiJding, and other technical and professional assistance at a1l project sites as may be needed to ensure
that the project complies with the contract documents.
ARTICLE VI. Reauired Documentation. Reviews. and Insnections. Subgrantee shaH create and
2
maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet
sufficient to pennit a formal audit comporting with ordinary, customary and prudent pubJic accounting requirements.
Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding
under this Agreement, and Subgrantee shan reimburse to Grantee all payments disbursed earlier to Subgrantee,
together with any and an accrued interest.
A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for
this declaration is $54,100).
]. A Request for Reimbursement conforming to the sample attached to this Agreement as
Attachment C.
2. A Summary of Documentation Form conforming to the sample attached to this Agreement as
Attachment D, 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 comp]etion of all projects; and
5. The Project Completion and Certification Report specified by Paragraph B of this Article.
B. For an 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 shan state the
date of completion.
C. Grantee wi]) inspect Small Projects by random selection, and will conduct the final inspections on Large
Projects, to ensure that alJ work has been performed within the scope of work specified on the Project Worksheets.
Costs not within the approved scope of work shall not be reimbursed.
ARTICLE VII. Cost Sharin~. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be ninety (90) percent of such costs, unJess a higher percentage is approved, of such costs
and the nonfederal share shan be the remaining amount. Payment of an 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 a]so 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 nonfederat shares of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution of this Agreement and formaJ notification by the Federa] Emergency
Management Agency of its approval of the pertinent Project Worksheet.
B. Grantee shaH reimburse Subgrantee for the federal and nonfederaJ shares of the eligible costs for Large
Projects as soon as practicabJe after Subgrantee has delivered the foHowing documents to Grantee:
I. A Request for Reimbursement Form conforming to the sampJe attached to this Agreement as
Attachments C;
2. A Summary of Documentation Form conforming to the sample attached to this Agreement as
Attachment D which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like and is also avai1ab]e at www.floridaoa.ore:.; and,
3
3. A letter or notification certifying that the reported costs were incurred in the performance of
eligible work.
e. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
1. Subgrantee shall certify 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 shan submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Subgrantee shaH submit a completed Request for Advance and Schedule of Projected
Expenditures Forms conforming to the samples attached to this Agreement as Attachments A and B and is also
available at www.floridaDa.org.; and,
5. Subgrantee shalJ 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 e.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 pubJic, 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 shan disburse the final payment to Subgrantee upon the
performance of the foIJowing conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shaH have submitted the documentation specified in Articles VI and VIII of this Agreement;
C. In the case of Large Projects, the Grantee shaH have performed the final inspection;
D. In the case of Small Projects, the Project Listing and Certification shaH have been reviewed by Grantee, or
Grantee shaH 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 an 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 e.F.R. Part 13, as amended;
4
B. Office of Management and Budget Circular No. A-87, "Cost PrincipJes for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-It 0, "Unifonn 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 wilJ maintain all documentation concerning the projects funded under this Agreement until the
occurrence of the following events, whichever is the later:
l. 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 disaster closeout under this Agreement.
F. Subgrantee shan make an documentation concerning the projects funded under this Agreement available
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority detennines that the disbursements to Subgrantee under
this Agreement exceed the eligibJe costs, Subgrantee shaH reimburse to Grantee the sum by which the totaJ
disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
detennination.
ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit perfonned 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 foHowing requirements:
1. The standards established by the Comptroller GeneraJ ofthe 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, 3 I U.S.c. §§
750 I -7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-B3, as amended, to the extent here appJicable.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgrantee is a private nonprofit organization~ it shan submit an organization-wide audit.
C. The audit shan 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 shaH conduct such additional audits as Grantee or the Federal Emergency Management
Agency may detennine necessary to detennine the adequacy, accuracy, and reliabi1ity 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. ¡fthe Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the perfonnance of this Agreement, the Grantee may withhold any
disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the
violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may tenninate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shaH undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 c.P.R. Parts 7 and 16,
and 44 C.P.R Part 206. Subgrantee shan 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 faHure 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 shan 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 shan be noted in
an additional Project Worksheet version 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
perfonnance 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 perfonnance of
emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of
pennanent 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 shan be
submitted to the Grantee not Jater than sixty (60) days after the extension 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 ofa1l 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 shalJ 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 tennination of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for perfonnance 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 hannJess from
liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such tennination 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 oftennination.
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 SubgTantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall
indemnify Grantee from cJaims asserted by to third parties in connection with the perfonnance of this Agreement,
6
holding Grantee and Subgrantee hannless from the same. Also:
A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or
agent of the other, but that each one stands as an independent contractor in relation to the other.
B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shaH anything in this Agreement be construed as consent by either of the parties to be sued by third
parties in connection with any matter arising from the performance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
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 E. 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 shaH 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 wiIJ be the State Public Assistance
Officer.
ARTICLE XXI. Standard Conditions. Subgrantee agrees to the folJowing 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
furtber agrees that noncompliance with this Agreement shan be cause for the rescission, suspension or termination of
funding under this Agreement, and may affect eJigibiJity 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, unJess terminated earlier as
specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without
delay.
7
ARTICLE XXIII. Events of Default. Remedies. and Termination.
A. Upon the occurrence of anyone or more of the following events, an obligations of Grantee to disburse
further funds under this Agreement shaH 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 an 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 materia]
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 ITom Grantee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete. or inadequate infonnation; 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 perfonnance if such failure may be cured. Upon the faiJure of Subgrantee
to cure, Grantee may exercise anyone or more of the foJlowing 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 ArticJe XXV of this Agreement, such notice to take effect
when dehvered to Subgrantee;
2. Commence a JegaJ action for the judicial enforcement of this Agreement;
3. WithhoJd 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 availabJe under law.
C. Grantee may tenninate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any apphcabJe Jegal requirement.
D. Any deobligation of funds or other detennination by the Federal Emergency Management Agency shaH
be addressed in accordance with the reguJations of that Agency.
E. Upon the rescission, suspension or tennination of this Agreement, the Subgrantee shan refund to Grantee
an funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudication of rights. interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement. the rescission. suspension or
tennination of this Agreement by Grantee shan not reheve Subgrantee of liabihty to Grantee for the restitution of
funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withhoJding future
disbursements otherwise due Subgrantee under this Agreement or any other Agreement untH such time as the exact
amount of restitution due Grantee ITom Subgrantee is determined. In the event the Federal Emergency Management
Agency should deobligate funds fonnedy allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, Iben Subgrantee shall immediately repay such funds to Grantee. If Ibe
Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee.
8
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in
the text of the Agreement itself.
B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the
language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
C. This Agreement has the following attachments:
1. Attachment A "Request for Advance"
2. Attachment B "Summary of Projected Expenditures"
2. Attachment C "Request for Reimbursement"
2. Attachment D "Summary of Documentation of Expenses Claimed"
3. Attachment E "Quarterly Report Form··
4. Attachment F "Subgrantee Annual Budget Projection Form"
Note: All other grant administrative and electronic forms will be provided by Grantee as necessary
or posted on the DEM website: www.floridapa.or!!.
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
ARTICLE XXVI. Desienation of Aeent. Subgrantee hereby designates
as its primary agent, and designates tj fr as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, 0 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, B . (Subgrantee)
~æl \~ê0~v-
( e). j
. /}¡ 7<1-'--
(Title) /
/;l-/()-o1 /:}-J-¿Jcf
(Date) (Date) sq- 600()~ 'l.:)
Public Assistance Proeram
Program Federal Employer Identification Number (FEIN)
9
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT A
Request for Advance for Public Assistance Funds
SUBGRANTEE NAME: DISASTER NO:
ADDRESS:
DCA AGREEMENT NO: FIPS NO:
PW PREVIOUS
PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQ!ÆST
AMOUNT
TOTAL CURRENT REQUEST $
COMMENTS:
I certify that to the best afmy knowledge and beJjefthe above accounts are correct and that ill disbursements were ~ade in accordance with all
conditions of the DCA agreement and payment is due and bas 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: FIPS#:
Subgrantee:
Disaster#: Project Worksheet (PW)#:
Estimated Delivery Dates of Payee/Contractor Brief Description of the artides or services Estimated
articles or peñorrnsnce of Eligible Costs
services within 90 days (m)
Paoe Subtotal
Current Advance Request (All Pages)
Total PW Amount
II
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
A TT ACHMENT C
Request for Reimbursement for Public Assistance Funds
SUBGRANTEE NAME: DISASTER NO:
ADDRESS:
DCA AGREEMENT NO: FIPS NO:
PW PREVIOUS
PW# CA TEGOR Y % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST
AMOUNT
TOTAL CURRENT REQUEST $
COMMENTS:
I certify that to the best afmy 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:
12
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT D
SUMMARY OF DOCUMENT A nON OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (sOD)
Date: FIPS#:
Subgrantee:
Disaster#: Project Worksheet (PW)#(s):___
Applicant's Reference # Delivery Dale of DOCUMENTATION Applicant
(Warrant, Voucher, Claim or articles or List Documentation (Applicant payroll, malerial oul of applicant stock, app jcant-owned Eligible Costs
Schedule#) performance of equipment and name of vendor or contractor) by categOl)' and line item in the approved ($$$)
services. project application and give a brief description of the articJes or services.
PaQe Subtotal
Current Expenditure Reauest (All Pages)
Total PW Amounts for all ADoroved Versions
Over or Under Run (Final SOD Only)
13
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Oedicated to making Florida a better place to call home"
JEB BUSH THADDEUS l. COHEN, AlA
Governor Secretary
September 28, 2004
MEMORANDUM
TO: All Sub-grantees for Public Assistance Disaster Relief Funding
VIA: Frank J. Koutnik
Deputy State Coordinating Officer for Recovery
FROM: Del Streid
State Public Assistance Officer
SUBJECT: Disaster Relief Fundinq Aqreement
Enclosed is the original Disaster Relief Funding Agreements for Federal and State assistance for Hurricane
Frances FEMA-1545-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:
25S5 SHUMARD OAK BOULEVARD TALLAHASSEE, flORIDA 32399-2100
Phone: 650.468 8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto:/lwww.dca.state.fl U5
CRITICAL STATE CONCERN fiELD OFfICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas Highway,Suile 211 2555 Shumard Oak Boulevard 2555 ShumardQak Boufevard 2555 Shumard Oak Boulevard
Marathon, FL 33050-2227 TaUahasr.ee, Fl 32399-2100 Tallahassee,Fl32399_2100 Tallahasr.ee,Fl32399_2100
(305)289-2402 (850)488-2356 (850)413-9969 (850)488-7956
MEMORANDUM
September 28, 2004
Page Two
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 current disasters in Orlando, Florida at the
Disaster Field Office. Please forward the completed Agreement for Frances FEMA-1545-DR-FL excluding all
attachments to:
Disaster Field Office
100 Sun port Lane
Sunport Center
Orlando, Florida 32809
A TTN: Del Streid, Public Assistance
Should you have any questions, please feel free to contact Gary Freerksen, Deputy State Public Assistance
at (407) 858-2817 or by email: Qarv.freerksen@dca.state.fl.us.
DS/
Enclosures
RoL\ - ,,\5'
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05-PA-G%-10-60-0D-895
CSF A No. 52600308; CFDA No. 97.036
Subgrantee: Boynton Beach, City of
FIPS No. 099-07875·00
This Agreement is between the State ofFJorida, 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 foIJowing facts and conditions:
A. WHEREAS, Hurricane Frances beginning September I, 2004, and thereafter, had a devastating impact
upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the
Governor in Executive Order 04-192. In consequence of the Event, the President of the United States on
September L6, 2004, declared Major Disaster No. FEMA-DR-1545-FL in all counties in the State of Florida. Asa
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
financiaJ assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHEREAS, the Grantee represents that it is funy 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 ofFJorida and the federal
government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon
the tenns and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event. Under the Emergency 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 J. Definitions. As used in this Agreement. the following tenns 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.
I
B. "FEMA-Statc 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. Aoolicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal
Emergency Management Agency.
ARTICLE III. Fundine: 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, which shall
be ninety (90) percent of all eligible costs.
A. The approved Project Worksheets shall be transmitted to Subgrantee, and shaH 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 shalJ document the total eligible costs and the total federal share of those costs, which shall be seventy-
five (75) percent of an eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the
Florida Legislature, the Grantee may provide some portion of any nonfederal share for local government and private
non-profit Subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any
nonfederal share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal
Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant
to this Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and an 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 Prnhibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other dupJicate benefits under
this Agreement.
A. Subgrantee shan without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitJement 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 dupJication.
B. In the event that Grantee should determine that Subgrantee has received dupJicate benefits, by its
execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department ofFinanciaJ
Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Comoliance with Environmental. Plannine: and Permittine: Laws. Subgrantee shall be
responsibJe 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 docwnents for any
project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shalJ be consistent with
the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order
complies with an applicable planning, permitting and building requirements. Subgrantee shan engage such competent
engineering, building, and other technical and professional assistance at an project sites as may be needed to ensure
2
that the project complies with the contract documents.
ARTICLE VI. Reauired Documentation. Reviews. and InsDections. Subgrantee shall create and
maintain documentation of work perfonned and costs incurred on each project identified in a Project Worksheet
sufficient to pennit a fonnal audit comporting with ordinary, customary and prudent public accounting requirements.
Upon the failure of Subgrantee to create and maintain such documentation, Grantee may tenninate further funding
under this Agreement, and Subgrantee shaH 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).
I. A Request for Advance or Reimbursement eonfonning to the attached sample.
2. A Summary of Documentation Fonn confonning to the sample attached to this Agreement as
Attachment B, which shaH 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 alJ projects; and
5. The Project Completion and Certification Report specified by Paragraph B of this Article.
B. For all projects, Subgrantee shaH state on the "Project Completion and Certification Report" that all work
was perfonned 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 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 Sharin.. The federal share of the etigible 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 nonfederaJ
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. Pavrnent of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shan disburse the federal and nonfederal shares of the eligible costs for SmalJ Projects to
Subgrantee as soon as practicable after execution of this 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 nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Subgrantee has delivered the folJowing documents to Grantee:
1. A Request for Advance or Request for Reimbursement Fonn conforming to the sample attached
to this Agreement as Attachments A or Attachments C;
2. A ScheduJe of Projected Expenditures or Summary of Documentation Form confonning to the
sample attached to this Agreement as Attachment B or Attachment D which shan 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 perfonnance 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 shaH 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 shaH 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 compJeted Request for Advance or Reimbursement Form; and,
5. Subgrantee shaIl 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 faciHty 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 detennination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement was improper.
ARTICLE IX. Final Payment. Grantee shan disburse the final payment to Subgrantee upon the
perfonnance of the folJowing conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VUI of this Agreement;
C. In the case of Large Projects, the Grantee shall have perfonned 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 perfonned a final inspection; and,
E. Subgrantee shall have requested final reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
perfonnance of all other conditions shan be subject to the following requirements, in addition to sueh other and further
requirements as may be imposed by operation oflaw:
(
A. The "Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Loea)
Governments," as codified in 44 C.ER. 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-lID, "Unifonn Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,"
as amended; and
D. Office of Management and Budget Circular No. A-I22, "Cost Principles for Non-Profit Organizations,"
as amended.
E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the
occurrence of the foIl owing 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 ITom 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 detennines that the disbursements to Subgrantee under
this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
detennination.
ARTICLE XII. Audit. Subgrantee shaH submit an Audit of Agreement Compliance to Grantee, and shan
have an independent audit perfonned 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 foHowing 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-I33, 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 detennine necessary to detennine 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. NoncomDliance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any
disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the
violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shaH 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] 7.
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 shaH be noted in
a Supplemental Project Worksheet for the project. If otherwise aUowed under this Agreement, any extension shan 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 shan be six (6) months from the date of the Presidentia1 Declaration. The time for the performance of
permanent work shan 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 shan 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 perfonnance 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 shaH be
reimbursed for eligible project costs incurred up to the latest approved date for completion. FaiJure 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 perfonnance of a1l 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 hannless from
]iability 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 ArticJe XXV of this Agreement. Such termination shan take etTect thirty (30)
days after the date of such notice. Such termination shaH not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the date of the notice of tennination.
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 shan 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 perfonnance 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 shan anything in this Agreement be construed as consent by either ofthe parties to be sued by third
parties in connection with any matter arising from the perfonnance 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 shaH be addressed in
accordance with all applicable legal requirements.
ARTICLE XX. Reoorts. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form confooning to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as
Subgrantee is notified. All subseqnent Quarterly Reports shall be due no later than fifteen (J 5) 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 shan be scheduJed by
Subgrantee before the final inspection, and may be required by Grantee based on infonnation supplied in the Quarterly
Reports. Grantee may require additional reports as needed, and Subgrantee shaU 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 perfonnance 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 discJosure 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
shaH 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 wiJI be used for the purpose of
Jobbying the Legislature or any of its members, any employee of the State ofFJorida, 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 tennination 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 shaH
tenninate 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 XXII]. Events of Default. Remedies. and Termination.
A. Upon the occurrence of anyone or more of the following events, aB obligations of Grantee to disburse
further funds under this Agreement shaH tenninate 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 any one or more
such events without waiving the right to exercise such remedies and without incurring liabiJity 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 Sub grantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Subgrantce suffers any material adverse change in its financial condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee,
if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate information; or,
4. The monies necessary to fund this Agreement are unavailable due to any faiJure 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 perfonnance 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 tcnnination by
certified Jetter 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-
perfonnance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement.
D. Any dcobligation of funds or other detennination by the Federal Emergency Management Agency shall
be addressed in accordance with the regulations of that Agency.
E. Upon the rescission, suspension or tennination of this Agreement, the Subgrantee shall refund to Grantee
all funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shaH lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
teonination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of
funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future
disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact
amount of restitution due Grantee from Subgrantee is detennined. In the event the Federal Emergency Management
Agency should deobligate funds foonerly allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subgrantee shan immediateJy repay such funds to Grantee. If the
Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee.
8
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement arc incorporated into this Agreement by reference as if set out fully in
the text of the Agreement itself.
B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the
language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
C. This Agreement has the following attachments:
1. Attachment A "Request for Advance"
2. Attachment B "Summary of Projected Expenditures"
2. Attachment C "Request for Reimbursement"
2. Attachment D "Summary of Documentation of Expenses Claimed"
3. Attachment E "Quarterly Report Form"
4. Attachment F "Sub grantee Annual Budget Projection Form"
Note; All other grant administrative and electronic forms win be provided by Grantee as necessary
or posted on the DEM website: www.fJoridana.on!.
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 Ictter to the [oHowing respective addresses.
FOR THE GRANTEE: FOR THE SUBGRANTEE:
W. Craig Fugate, Director
Division of Emergcncy Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
ARTICLE XXVI. Deshmation of Aeent. Subgrantcc hereby designates
as its primary agent, and designates 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)
W. Craig Fugate, Director
Division of Emergency Management Ý
(Title)
/ ;; - '}- () tj
(Date) (Date)
Public Assistance Prolrram
Program Federal Employer Identification Number (FEIN)
9
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT A
Request for Advance for Public Assistance Funds
SUBGRANTEE NAME: DISASTER NO:
ADDRESS:
DCA AGREEMENT 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
A TT ACHMENT B
SCHEDULE OF PROJECTED EXPENDITURES FOR ELIGIBLE DISASTER WORK (SOPE)
Date:
Subgrantee: FIPS#: ________
Disaster #: Project Worksheet (PW) #(s): _______
Applicant's Reference # Delivery Dale of DOCUMENT AnON Applicant
(Warrant, Voucher, Claim or artidesor List Documentallon (Applicant payroll, material oul of applicant slock, applicant-owned EligibfeCosls
Schedule#) performance of equipment and name of vendor Of contractor) by category and line item in the approved ($$$)
services. project application and give a brief description of the artJdes or services.
Paae Subtotal
Current Expenditure Request (All Pages)
Total PW Amounts for all Approved Versions
Over or Under Run (Final SOD Onlv)
II
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
A TT ACHMENT C
Request for Reimbursement for Public Assistance Funds
SUBGRANTEE NAME: DISASTER NO:
ADDRESS:
DCA AGREEMENT NO: FIPS NO:
PW PREVIOUS
PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST
AMOUNT
TOTAL CURRENT REQUEST $
COMMENTS:
r certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with aJl
conditions of the DCA agreement and payment is due and has Dot been previously requested for these amounts.
/
SUBGRANTEE SIGNATURE:
NAME AND TITLE: DATE:
]2
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
A IT ACHMENT D
SUMMARY OF DOCUMENT A nON OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK Isom
Date:
Subgrantee: FIPS#: --------~-
Disaster #: Project Worksheet (PW) #(s):__ --
Applicant's Reference # Delivery Date of DOCUMENTATION Applicant
(Warrant, Voucher, Claim or articles or List Documentation (Applicant payroll, material out of applicant stock, applicant-owned Eligible Cosls
Schedule #) performance of equipment and name of vendor or contractor) by category and Une item in the approved ($$$)
services. project application and give a brief description of the articles or services.
Paoe Subtotal
Current Expenditure Request (All PaQes)
Total PW Amounts for all Approved Versions
Over or Under Run (Final SOD Onlv)
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