R13-0061 RESOLUTION NO. R13 -006
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE EXECUTION BY THE
7 MAYOR AND CITY CLERK OF A DISASTER RELIEF
8 FUNDING AGREEMENT FOR FEDERAL AND STATE
9 ASSISTANCE FOR HURRICANE ISAAC BETWEEN
10 THE CITY OF BOYNTON BEACH AND STATE OF
11 FLORIDA, DIVISION OF EMERGENCY
12 MANAGEMENT; AND PROVIDING AN EFFECTIVE
13 DATE.
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16 WHEREAS, FEMA's Public Assistance program is a federal grant to aid state and
17 local governments in returning a disaster area to pre- disaster conditions; and
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19 WHEREAS, to be eligible to receive disaster relief funding through the Federal
20 Emergency Management Agency, (FEMA), the agreement must be executed with the State of
21 Florida since all federal disaster relief funding is actually distributed to the State and then
22 passed down on to local municipalities who qualify; and
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24 WHEREAS, upon recommendation of staff, the City Commission has determined
25 'that it is in the best interests of the residents of the City to execute a Disaster Relief Funding
26 Agreement between the City of Boynton Beach and the State of Florida, Division of
27 Emergency Management for assistance with Hurricane Isaac.
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29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption
34 hereof.
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36 Section 2. The City Commission of the City of Boynton Beach, Florida does
37 hereby approve and authorize the execution by the Mayor and City Clerk of a Disaster Relief
38 Funding Agreement for Federal and State assistance for Hurricane Isaac, a copy of which is
39 attached hereto as Exhibit "A ".
40
41 Section 3. This Resolution shall become effective immediately upon passage.
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43
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1 PASSED AND ADOPTED this 5 day of February, 2013.
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20 ATTEST:
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24 Jan M. Prainito, MMC
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29 ( or Seal)
CITY OF BOYNTON BEA
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�-- - 'Vice Mayor - Mack McCray
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30 S \ SO _ qWent - FEMA Disaster Relief Funding Agreement (Isaac) doc
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INSTRUCTIONS TO EXECUTE
FEDERALLY FUNDED PUBLIC ASSISTANCE FUNDING AGREEMENT
BY THE APPLICANT
Welcome to FloridaPA.org, the state of Florida's online system for application and
management of FEMA's Public Assistance grant awarded to the state by the President of
the United States.
FEMA's Public Assistance program is a federal grant to aid state and local governments
in returning a disaster area to pre- disaster conditions. A minimum of 75% of eligible costs
is provided to primarily address the repair and restoration of public facilities,
infrastructure, or services which have been damaged or destroyed. Eligible applicants
include local and state governments, Tribal Nations as well as certain private non - profit
organizations. In order to be eligible for federal funds, a potential applicant must submit a
Request for Public Assistance.
1. REQUEST FOR PUBLIC ASSISTANCE
a. If you are eligible to receive public assistance under a presidential disaster
declaration, the State and FEMA will conduct an Applicants' Briefing for potential
Public Assistance applicants. The briefing occurs after an emergency or major
disaster has been declared and addresses the application procedures,
administrative requirements, funding, and program eligibility criteria.
b. The State is responsible for notifying potential applicants on the date, time, and
location of the briefing.
c. Request for Public Assistance ( "RPA "). The RPA is an applicant's official
notification to FEMA of the intent to apply for Public Assistance. Typically, the RPA
form is submitted at the Applicants' Briefing. If an applicant is unable to submit the
RPA at the briefing, the applicant must submit the RPA form within 30 days of the
date of the designation area (county) for Public Assistance. Federal and state
personnel will review each RPA to ensure applicant eligibility.
2. GRANT PROCESSING
a. FEMA and the State share the responsibility for making Public Assistance funds
available to the applicant. Funds that FEMA obligates to the State via electronic
transfer, reside in the Federal account until the State is ready to award grants to
the appropriate applicants.
b. Request for Assistance ( "RPA "): FloridaPA.org is an electronic system to process
applications for Federal funds under FEMA's Public Assistance Program. To
become eligible for public assistance, the applicant is required to submit a
"Request for Public Assistance ( "RPA ")" through FloridaPA.org. An applicant can
submit an RPA as either a (1) new user; or (2) existing user. The Grantee will post
on FloridaPa.org those disasters open for RPA submission.
PA Funding Agreement Instructions FEMA - 4084 -DR
c. Execution of the Agreement. Once an RPA is approved, the applicant and the
Florida Division of Emergency Management ( "Grantee ") will enter into an
Agreement. In order to demonstrate to the Grantee that the agent for the applicant
is authorized to accept the term and conditions, the agent may be required to
download a copy of their delegation of authority for review by the Division.
d. Corporation. If the applicant is a corporation, the chair of the board of directors or
president or someone other than the chair or president may execute this
Agreement. The corporation must attach a PDF copy of the delegation of authority
for anyone other the chair or president to execute this Agreement.
e. City. If the applicant is a city, the mayor will be required to execute this Agreement
unless the mayor has delegated the authority to an alternate person. If the
Agreement is signed by someone other than the mayor, there shall be attached to
the Agreement a duly authenticated delegation of authority evidencing the signer's
authority to sign the Agreement for and on behalf of the city.
f. County. If the applicant is a county, the chair of the board of county commissioners
will be required to execute this Agreement unless the board has delegated the
authority to an alternate person (e.g. mayor). If the Agreement is signed by
someone other than the chair, there shall be attached to the Agreement a duly
authenticated delegation of authority evidencing the signer's authority to sign the
Agreement for and on behalf of the county.
g. School Board. If the applicant is a school board, the superintendent will be required
to execute this Agreement unless the superintendent has delegated the authority
to an alternate person. If the Agreement is signed by someone other than the
superintendent, there shall be attached to the Agreement a duly authenticated
delegation of authority evidencing the signer's authority to sign the Agreement for
and on behalf of the school board.
h. Fire District. If the applicant is a fire district, the fire chief will be required to execute
this Agreement unless the fire chief has delegated the authority to an alternate
person. If the Agreement is signed by someone other than the fire chief, there shall
be attached to the Agreement a duly authenticated delegation of authority
evidencing the signer's authority to sign the Agreement for and on behalf of the fire
district.
i. Special Districts. If the applicant is a special district, the executive director will be
required to execute this Agreement unless the executive director has delegated the
authority to an alternate person. If the Agreement is signed by someone other than
the executive director, there shall be attached to the Agreement a duly
authenticated delegation of authority evidencing the signer's authority to sign the
Agreement for and on behalf of the special district.
j. Institution of Higher Education. If the applicant is an institution of higher education,
the president of the college or university will be required to execute this Agreement
unless the president has delegated the authority to an alternate person. If the
Agreement is signed by someone other than the president, there shall be attached
to the Agreement a duly authenticated delegation of authority evidencing the
signer's authority to sign the Agreement for and on behalf of the institution.
k. Charter School. If the applicant is a charter school, the chairperson of the board of
director will be required to execute this Agreement unless the chairperson of the
PA Funding Agreement Instructions FEMA - 4084 -DR 2
board of directors has delegated the authority to an alternate person. If the
Agreement is signed by someone other than the chairperson of the board of
directors, there shall be attached to the Agreement a duly authenticated delegation
of authority evidencing the signer's authority to sign the Agreement for and on
behalf of the school.
I. County Sheriff's Office. If the applicant is a sheriff's office, the sheriff will be
required to execute this Agreement unless the sheriff has delegated the authority
to an alternate person. If the Agreement is signed by someone other than the
sheriff, there shall be attached to the Agreement a duly authenticated delegation of
authority evidencing the signer's authority to sign the Agreement for and on behalf
of the office.
m. Copies of the Agreement. Copies of the Agreement may be obtained through
FloridaPA.org by anyone authorized by the applicant/subgrantee to access the
system or through the Grantee.
3. TIMELINE FOR PERFORMANCE OF WORK
a. Completion Dates. In accordance with section 206.204 of 44 CFR, the Subgrantee
shall complete any small and large project no later than 18 months from the time a
major disaster or emergency is declared by the President (the Subgrantee has 6
months to complete projects related to debris removal and emergency work).
Based on extenuating circumstances or unusual project requirements beyond the
control of the Subgrantee, the Grantee may extend the completion deadline for an
additional 6 months for debris removal and emergency work and 30 months for
permanent restoration work.
b. Closeout. The Public Assistance Program is considered programmatically closed
when FEMA assures that all of the grants awarded under the Agreement for a
disaster meet the statutory and regulatory requirements that govern the program.
To achieve programmatic closure, the Grantee ensures that all funds have been
obligated and the work completed in accordance with the Agreement. In addition,
FEMA must resolve any appeals before programmatic closure is complete.
Financial reconciliation of the grant, or grant closure, occurs later, when FEMA and
the Grantee (state) reach agreement that all applicable administrative actions
related to the Public Assistance Program are complete and all program funds
related to the disaster have been reconciled.
4. THE CONTRACT SUM AND TERMS OF PAYMENT
a. The Agreement Sum. The Grantee shall reimburse expenses, subject to the scope
of work identified in the Project Worksheet for "small" or "large" projects, which
shall constitute the Agreement Sum.
PA Funding Agreement Instructions FEMA - 4084 -DR 3
b. Funding for Small Projects. Small project funding is based on estimated costs, if
actual costs are not yet available. Payment is made on the basis of the initial
approved amount, whether estimated or actual. Revisions to the initial Project
Worksheet may be required if there are omissions or changes in scope; revisions
to the Project Worksheets may result in changes in funding level and /or category.
Payment methods are fully described in FEMA's Public Assistance Guide (June
2007).
c. Funding for Large Projects. Large project funding is based on documented actual
costs. Most large projects, however, are initially approved based on estimated
costs. Funds are generally made available to the applicant on a progress payment
basis as work is completed. When all work associated with the project is complete,
the state performs a reconciliation of actual costs and transmits the information to
FEMA for consideration for final funding adjustments.
d. Project Worksheet. The Project Worksheet is the primary form used to document
the location, damage description and dimensions, scope of work, and cost
estimates for each project (small or large). It is the basis for the grant.
e. Once the work is completed, the Grantee and Subgrantee will conduct a final
inspection and reconcile whether or not the Subgrantee is owed additional monies
or must submit repayment to the State for overpayment under the Agreement.
5. NOTICES
a. All notices by the Subgrantee shall be given by to the Grantee's representative
identified in Paragraph (26) of the Agreement.
b. All notices by the Grantee to the Subgrantee shall be given to the Subgrantee's
representative identified in FloridaPA.org.
6. GRANTEE'S WEB -BASED PROJECT MANAGEMENT SYSTEM
( "FloridaPA ")
The Subgrantee shall use the Grantee's web -based project management system
(FloridaPA.org) to access and exchange project information with the State throughout the
project's life. This includes processing advances, reimbursement request, quarterly
reports, final inspection schedules, change requests, time extension and other services
as identified in this Agreement. Training on this system will be supplied by the Grantee
and the Subgrantee is required to have working knowledge of the system.
7. EXECUTING THIS FUNDING AGREEMENT
In what may be a change from how the Funding Agreement form has been executed in
previous disasters, please take the following steps to ensure that your Funding
Agreement paperwork is processed as quickly as possible:
a. Download the Agreement and these instructions from the "Funding Agreement"
section of your applicant summary page for disaster DR -4084 within
www. Florida PA.orq;
PA Funding Agreement Instructions FEMA- 4084 -DR 4
b. Fill out all user - defined fields, save the Agreement to your local computer and then
print a copy of the Agreement with all attachments (print two copies if you would
like to receive an executed copy with original signatures back from the Division);
c. Please have the official with signature authority sign the Agreement on page 15,
under the subsection "For the Subgrantee;"
d. Scan a pdf copy of the Agreement (with just the one signature on it), and upload
the pdf copy into www. Florida PA.orq. This can be accomplished by selecting "View
Funding Agreement" on the Event Summary page for disaster DR -4084.
e. Send the original(s) of the signed Agreement by mail or other ground carrier to the
following address:
Funding Agreement
Attn: Evan Rosenberg, Interim Bureau Chief
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100;
f. The Division will then execute the Agreement and will upload a scanned copy of
the fully executed Agreement into www. Florida PA.orq. If the applicant has sent
along two copies of the Funding Agreement, each with original signatures, then the
Division will return one fully executed copy with original signatures to the applicant.
If only one copy with original signatures is sent by the applicant to the Division,
then the Division will keep the one resulting fully executed copy of the Agreement.
PA Funding Agreement Instructions FEMA - 4084 -DR 5
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FE DERALLY Hurricane Isaac
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Governor's Authorized Representative
Woodrow Hay, Mayor
Name ;an )T11 le
Signature
Date
02/05/2013
Date
(All Subgrantees) Federal Employer Identification Number (FEIN): 59- 6000282
(State Agency Subgrantees Only) Florida Accounting Information Resource (FLAIR) Code:
PA Funding Agreement for FEMA-4084-DR 15
Attachment "D"
T 1 TEE'S T
F TEE PUBLIC ASSISTANCE PROGRAM
Florida Division of Emergency Mana
Subgrantee i
City of Boynton Beach, Florida
P rimary gent S t
Agent's Name Agent's Name
Lori LaVerriere j. Tim Howard
4� Signature ,l Signature
Organi ion / 0 Ici osition Organization / Official Position
City Manager Finance Director
Mailing Address Mailing Address
100 East Boynton Beach Blvd., PO Box 310 1 100 East Boynton Beach Blvd., PO Box 310
City, State, Zip City, State, Zip
Boynton Beach, FL. 33425 -0310 Boynton Beach, FL. 33425 -0310
Daytime Telephone Daytime Telephone
561.742.6010 561.742.6311
Facsimile Number Facsimile Number
561.742.6011 561.742.6316
E -mail Address E -mail Address
laverrierel @bbfl.us howardt @bbfl.us
The above Primary and Secondary Agents are hereby authorized to execute and file Application for Public Assistance
on behalf of the Subgrantee for the purpose of obtaining certain Grantee and federal financial assistance under the
Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93 -288 as amended) or otherwise
available. These agents are authorized to represent and act for the Subgrantee in all dealings with the Grantee of
Florida, Grantee for all matters pertaining to such disaster assistance required by the agreements and assurances
printed on page 2 hereof. Additional authorized contacts may be registered on the Grantee's PA Website
(www.floridapa.ora,) for full or read only access by the above authorized Agents.
Chief Financial s uthorit
' y Officer Sub rantee / oar /Co issi o .
n
N ame Official's Name
Woodrow L. Hay
Signature Signatur
r r'
Organization / Official Position Organization / Official Position
Mayor
Mailing Address Mailing Address
100 East Boynton Beach Blvd., PO Box 310
City, State, Zip City, State, Zip
Boynton Beach, FL. 33425 -0310
Daytime Telephone Daytime Telephone
Facsimile Number Facsimile Number
E -mail Address E -mail Address
hayw @bbfl.us
Subgrantee's Grantee Cognizant Agency for Single Audit purposes:
Florida Division of Emergency Management
Subgrantee's Fiscal Year (FY) Start
M onth: October p ay: 1
Subgrantee's Federal Employer's Identification Number (EIN)
59 6000282
Subgrantee's FIPS Number (If Known)
099 - 07875 - 00
Subgrantee Authority /Board /Commission Signature
Date: 02105/2013
Page I
0 06
Contract Number: 13- IS- 3S- 10 -60 -01 -572
Subgrantee: Boynton Beach, City of
FIPS Number: 099 - 07875 -00
119 MM - - 11 @ I . , I ,
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereafter referred to as the "Grantee "), and
Boynton Beach, City of
(hereafter referred to as the "Subgrantee ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS AND
CONDITIONS:
A. On October 18, 2012, President Barack H. Obama issued a major disaster declaration
designated FEMA - 4084 -DR -FL for the State of Florida as a result of Hurricane Isaac. As
amended, the declaration authorized Public Assistance in Bay, Collier, Escambia, Franklin,
Gulf, Martin, Monroe, Okaloosa, Palm Beach, Saint Lucie and Santa Rosa Counties.
B. The FEMA -State Agreement dated October 31, 2012, between the State of Florida and the
Federal Emergency Management Agency (FEMA) 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
THEREFORE, the Grantee and the Subgrantee agree to the following:
(1) DEFINITIONS.
As used in this Agreement, the following terms shall have the following meanings unless another
meaning is specified elsewhere:
A. "Eligible activities" are those activities authorized in the FEMA -State Agreement, and in the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as
amended, 42 U.S.0 §§ 5121 -5207 (Stafford Act); in accordance with 44 CFR § 206.44; and
applicable policies of FEMA.
B. "FEMA -State Agreement" is the agreement dated October 31, 2012, between the FEMA and
the State of Florida, for a pr esidential emergency declaration designated FEMA -
4084-DR-FL. As amended, the agreement authorized Public Assistance in Bay, Collier,
Escambia, Franklin, Gulf, Martin, Monroe, Okaloosa, Palm Beach, Saint Lucie and Santa Rosa
Counties.
PA Funding Agreement for FEMA- 4084 -DR
(2) APPLICABLE LAW.
The parties agree to all the conditions, obligations, and duties imposed by the FEMA -State
Agreement and all applicable State and federal legal requirements including, without any limitation on the
generality of the foregoing, the requirements of Title 44 of the Code of Federal Regulations (CFR) Part(s)
13 and 206, and the policies of the FEMA. The Subgrantee further agrees to comply with the Statement of
Assurances attached hereto as Attachment "A."
(3) FUNDING AND INSURANCE.
Subject to an advancement of funds by Grantee to the Subgrantee, the Grantee shall otherwise
provide funds on a cost reimbursement basis to the Subgrantee for eligible activities approved by the
Grantee and FEMA, as specified in the approved Subgrantee Project Worksheets. However, the Grantee's
performance and obligation to pay under this Agreement is contingent upon an appropriation by the State
Legislature, subject to any modification in accordance with Chapter 216, Florida Statutes or Florida
Constitution, and disbursement shall be consistent with section 252.37, Florida Statutes. The Grantee may
provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal
funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. The federal
allowable costs shall be determined as per 44 CFR Part(s) 13 and 206, which shall be seventy -five (75)
percent of all eligible costs unless a higher percentage is approved.
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 percent of all eligible
costs, unless a higher percentage is approved.
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 FEMA 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, for damaged facilities and pursuant to
44 CFR § 206.253, the Subgrantee shall maintain such types of insurance as are reasonable
and necessary to protect against future loss for the anticipated life of the restorative work or the
insured facility, whichever is the lesser.
(4) 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. Without delay, Subgrantee shall 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. All such duplicate benefits are "ineligible costs" which the
Subgrantee shall reimburse to the Grantee without delay. The Subgrantee shall also reimburse
the Grantee if the Subgrantee receives any duplicate benefits from any other source for any
damage identified on t he applicable Project Worksheets for which Subgrantee has received
payment from Grantee.
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 of
the Florida Department of Financial Services the authority to set off the sum of any such
duplicate benefits by withholding it from any other funds otherwise due and o wing to
Subgrantee, or to use such remedies available at law or equity to the repayment of said sums
to Grantee.
(5) COMPLIANCE WITH ENVIRONMENTAL PLANNING AND PERMITTING LAWS..
Subgrantee shall be responsible for the implementation and completion of the approved projects
described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable
legal requirements. If applicable, 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,
properly licensed 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.
(6) REQUIRED DOCUMENTATION REVIEWS AND INSPECTIONS.
Subgrantee shall create and maintain documentation of work performed and costs incurred on each
project identified in a Project Worksheet sufficient to permit a f ormal audit comporting with ordinary,
customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and
maintain such documentation, Grantee may terminate further funding under this Agreement, and
Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and
all accrued interest.
A. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that
all work was performed in accordance with this Agreement and t he requirements in each
Project Worksheet, and shall state the date of completion.
B. Grantee will inspect Small Projects by random selection, and will conduct the final inspections
on Large Projects, to ensure that all work has been performed within the scope of work
specified on the Project Worksheets. Costs not within the approved scope of work shall not be
reimbursed.
C. Subgrantee shall submit the following documentation for Large Projects (the Large Project
threshold for this declaration is $66,400.00), which can be found at www.FloridaPA.ora
1. a request for reimbursement;
2. a summary of documentation, which shall be supported by original documents such as
contract documents, invoices, purchase orders, and change orders;
3. a request for final inspection;
4. a signed Project Completion and Certification Report upon the completion of all projects;
and
5. a Project Completion and Certification Report specified by subparagraph (6)A. of this
Agreement.
7% Funding Agreement for FEMA-4084-DR 3
(7) COST SHARING.
The federal share of the eligible costs specified in the Project Worksheets under this Agreement
shall be seventy five (75) percent of such costs, unless a higher percentage is approved, 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 CFR Part 206.228 and do not require matching funds may also be funded by FEMA.
(8) PAYMENT OF COSTS.
Grantee shall disburse the eligible costs to Subgrantee in accordance with the following
procedures:
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for "Small
Projects" to Subgrantee as soon as practicable after execution of this Agreement and formal
notification by the FEMA of its approval of the pertinent Small 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 execution of this Agreement and formal
notification by the FEMA of its approval of the pertinent Large Project Worksheet. The Invoice
from the Subgrantee requesting this reimbursement must include:
1, a Request for Reimbursement available at www.FloridaPA.ora.;
2. a Summary of Documentation which shall be supported by original documents such as
contract documents, invoices, purchase orders, change orders, canceled checks (or other
proof of expenditure), etc..., which is also available at www. Florida PA.ora; and
3. a letter or notification certifying that the reported costs were incurred in the performance of
eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal
share if Subgrantee meets the following conditions:
1. Subgrantee shall 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 shall submit a statement justifying the advance and the proposed use of the
funds, which also specifies the amount of funds requested and certifies that the advanced
funds will be expended within 90 days of the advance;
4. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to
the FEMA as often as practicable, but not later than ten (10) business days after the close
of each calendar quarter.
D. 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 FEMA that a previous disbursement of funds under this Agreement was
improper.
PA Funding Agreement for FEMA-4084-DR 4
E. Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is
contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (24)
of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally
funded contract, any advance payment is also subject to federal OMB Circulars A -87, A -110, A-
122 and the Cash Management Improvement Act of 1990. All advances are required to be
held in an interest - bearing account. If an advance payment is requested, the budget data on
which the request is based and a justification statement shall be included in this Agreement as
Attachment "E.° Attachment "E" will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds. No advance shall
be accepted for processing if a reimbursement has been paid prior to the submittal of a request
for advanced payment.
F. As project costs are incurred, invoices shall be submitted at least quarterly and shall include the
supporting documentation for all costs of the project or services. Invoices shall be
accompanied by a statement signed and dated by an authorized representative of the Recipient
certifying that "all disbursements made in accordance with conditions of the Division agreement
and payment is due and has not been previously requested for these amounts.' The
supporting documentation must comply with the documentation requirements of applicable
OMB Circular Cost Principles. The final invoice shall be submitted within sixty (60) days after
the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division contract manager as part of the
Recipient's quarterly reporting as referenced in Paragraph 20 of this Agreement.
G. If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under Paragraph (3) or (7) of this Agreement, all obligations on the part of
the Division to make any further payment of funds shall terminate, and the Recipient shall
submit its closeout report within thirty days of receiving notice from the Division.
(9) FINAL PAYMENT.
Grantee shall disburse the final payment to Subgrantee upon the performance of the following
conditions:
A. Subgrantee shall have completed the project to the satisfaction of the Grantee;
B. Subgrantee shall have submitted the documentation specified in Paragraphs (6) and (8) of this
Agreement;
C. in the case of Large Projects, the Grantee shall have performed the final inspection; or
D. in the case of Small Projects, the project listing and certification shall have been reviewed by
Grantee, or Grantee shall have performed a final inspection; and
E. Subgrantee shall have requested final reimbursement.
(10)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:
PA Funding Agreement for FEMA-4084-DR 5
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments," as codified in 44 CFR Part 13, as amended.
B. Office of Management and Budget Circular (OMB) No. A -87, "Cost Principles for State and
Local Governments," as amended.
C. OMB Circular A -110, "Uniform Administrative Requirements for Grants and Other Agreements
with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations," as
amended.
D. OMB Circular A -122, "Cost Principles for Non - Profit Organizations," as amended.
E. OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations," as
amended.
F. Subgrantee shall retain sufficient records to show its compliance with the terms of this
Agreement, including documentation of all program costs, in a f orm sufficient to determine
compliance with the requirements and objectives under this Agreement and all other applicable
laws and regulations, for a period of five years from the date of the final inspection and audit.
The Subgrantee shall allow the Grantee or its designee, the comptroller general of the United
States, FEMA, the chief financial officer or the auditor general of the State, access to records
upon request. The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and extend
beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non - expendable personal property valued at $5,000 or more
at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the closing
on the transfer of title.
G. The Subgrantee, its employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Grantee, its employees, and agents (including auditors retained by the Grantee).
"Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday.
(11)REIMBURSEMENT OF FUNDS.
If upon final inspection, final audit, or other review by Grantee, FEMA or other authority determines
that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall
reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty -five
(45) days from the date Subgrantee is notified of such determination.
(12)REPAYMENT BY SUBGRANTEE.
All refunds or repayments due to the Grantee under this Agreement are to be made payable to the
order of "Division of Emergency Management, Cashier" and mailed directly to the following address:
Cashier, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida
32399 -2100. In accordance with section 215.34 (2), Florida Statutes, if a check or other draft is returned to
the Grantee for collection, Recipient shall pay the Grantee a service fee of $15.00 or 5% of the face amount
of the returned check or draft, whichever is greater.
PA Funding Agreement for FEMA-4084-DR
(13) AUDIT.
A. The Subgrantee agrees to maintain financial procedures and s upport documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
B. These records shall be available at all reasonable times for inspection, review, or audit by
State personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00
a.m. to 5:00 p.m., local time, Monday through Friday.
C. The Subgrantee shall also provide the Grantee or its designee with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
D. If a Subgrantee is a State or local government or a non - profits organization as defined in OMB
Circular A -133, as revised, and if the Subgrantee expends $500,000 or more, then the
subgrantee shall have a single or program specific audit conducted which meets the
requirements of the Single Audit Act of 1984, 31 U.S.C. ss. 7501 -7507, OMB Circular A -133
Part .200 for the purposes of auditing and monitoring the funds awarded under this
Agreement. In connection with the aforementioned audit requirement, the Subgrantee shall
fulfill for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
1. If an annual financial audit report is required, it shall include all management letters and the
contractor's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance specifically
identifying all Agreement and other revenue by sponsoring agency and Agreement number.
3. The complete financial audit report, including all items specified in 1 and 2 above shall be
sent directly to: Office of the Inspector General, 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399 -2100. An electronic copy shall also be submitted (via email)
to: DEMSingle
E. If a Subgrantee spends less than $500,000 in federal awards in its fiscal year, an au dit
conducted in accordance with the provision of OMB Circular A -133, as revised, is not required.
In the event the contractor expends less than $500,000 in federal awards in its fiscal year and
chooses to have an and it conducted in accordance with OMB Circular A -133 Part .200, as
revised, the cost of the audit must be paid from non - federal funds.
F. In the event an audit shows that the entire funds disbursed hereunder, or any portion thereof,
were not spent in accordance with the conditions of this Agreement, the Subgrantee shall be
held liable for reimbursement to the Grantee of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Grantee has
notified the contractor of such non- compliance.
G. If audit is conducted as required by subparagraph D. above, the Subgrantee shall send a copy
of the reporting package as described Part .320 (c) of OMB Circular A -133, as revised, to the
Grantee at each of the following addresses:
Office of the Inspector General
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
PA Funding Agreement for FEMA- 4084 -DR 7
As required by OMB Circular A -133 Part .320 (d), all auditees shall submit the data collection
form and one copy of the reporting package to the Federal Audit Clearinghouse at the
following address: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10
Street, Jeffersonville, IN 47132.
H. Pursuant to Part .320 (e) of OMB Circular A -133, auditees that are subrecipients shall submit
to each pass- through entity one copy of the reporting package describe in Part .320 (c)
Any reports, management letter, or other information required to be submitted to the Grantee
pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133,
section(s) 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Florida Statutes, and Rules of the Auditor General, as applicable.
Subgrantee, when submitting financial reporting packages to the Grantee for audits done in
accordance with OMB Circular A -133 or section(s) 10.550 (local governmental entities) or
10.650 (nonprofit and for - profit organizations), Florida Statutes, or Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Recipient in
correspondence accompanying the reporting package.
K. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof,
were not spent in accordance with the conditions of this Agreement, the contractor shall be
held liable for reimbursement to the Grantee of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Grantee has
notified the Grantee of such non - compliance.
L. A Subgrantee shall have all audits completed by an independent certified public accountant
(IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Florida Statutes. If the Subgrantee is a State agency, an audit conducted by the
Florida Auditor General in accordance with the provisions of OMB Circular A -133, as revised,
will meet the requirements of this paragraph. The IPA shall state that the audit complied with
the applicable provisions noted above. If an audit is required, the audit must be submitted to
the Grantee no later than nine (9) months from the end of the Subgrantee's fiscal year.
(14)NONCOMPLIANCE.
If the Subgrantee violates this Agreement or any 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 Paragraph 24 of this Agreement.
(15)NONDISCRIMINATION BY CONTRACTORS.
Pursuant to 44 CFR Parts 7 and 16, and 44 CFR Part 206.36, the Subgrantee shall undertake an
active program of nondiscrimination in its administration of disaster assistance under this Agreement.
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 CFR Part 17.
Agreement PA Funding ;
(16)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 FEMA. Any approved modification to a P roject Worksheet shall be n oted in an
additional Project Worksheet version for the project and in any amendment to this Agreement. 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.
(17)TIME FOR PERFORMANCE.
The time for the performance of eligible emergency work shall be six (6) months from the date of
the presidential emergency declaration, unless extended by the Grantee or FEMA. The time for the
performance of eligible permanent work shall be eighteen (18) months from the date of the presidential
emergency declaration, unless extended by the Grantee or FEMA. 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 by the Grantee or not sought by the
Subgrantee, Subgrantee shall only be reimbursed for eligible project costs incurred up to the latest
extension for completed projects. Failure to complete any project will be adequate cause for the termination
of funding for that project and reimbursement of any and all project costs.
(18)CONTRACTS WITH OTHERS.
If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion
of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such
contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to
third parties for claims asserted under such contract. The Subgrantee shall also document in the quarterly
report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the
Subgrantee shall provide a written statement to the Grantee as to whether the subcontractor is a minority
vendor, as defined in section 288.703, Florida Statutes.
(19)LIABILITY.
Grantee assumes no liability to third parties in connection with this Agreement. Unless the
Subgrantee is a governmental entity covered under section 768.28 (5), Florida Statute, the Subgrantee
shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in
performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the
preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by third parties in
connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the
same. 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. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued
by third parties in connection with any matter arising from the performance of this Agreement. 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.
"A Funding Agreement for FEMA-4084-DR S
(20) REPORTS.
Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming
to the sample attached as Attachment "B," and available on www.FloridaPA.org. The first Quarterly Report
shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later
than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate
the anticipated completion date for each project, together with any other circumstances that may affect the
completion date, the scope of work, the project costs, or any other factors that may affect compliance with
this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may
be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require
additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as
soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of
Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance
Officer.
(21)MONITORING.
The Subgrantee shall monitor its performance under this Agreement, as well as that of its
subcontractors, Subgrantee and consultants who are paid from funds provided under this Agreement, to
ensure that performance under this Agreement are achieved and satisfactorily performed and in compliance
with applicable State and federal laws and rules.
In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised and
section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on -site visits by
Grantee or its agent, limited scope audits as defined by OMB Circular A -133, as revised, and /or other
procedures. By entering into this Agreement, the Subgrantee agrees to comply and cooperate with all
monitoring procedures /processes deemed appropriate by the Grantee. In the event that the Grantee
determines that a limited scope audit of the Subgrantee is appropriate, the Subgrantee agrees to comply
with any additional instructions provided by the Grantee to the Subgrantee regarding such audit. The
Subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations or audits
deemed necessary by the Comptroller or Auditor General. I n addition, the Grantee will monitor the
performance and financial management by the Subgrantee throughout the contract term to ensure timely
completion of all tasks.
(22)MANDATED CONDITIONS.
Subgrantee agrees to the following conditions:
A. Bills for fees or other compensation for services or expenses must be s ubmitted in detail
sufficient for a proper pre -audit and post- audit.
B. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its
contractors or subcontractors to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Florida Statute, that are made or received by
Subgrantee or its contractors and subcontractors in connection with this Agreement.
C. Subgrantee agrees that no funds or other resources received from the Grantee disbursed to it
under this Agreement will be used directly or indirectly to influence legislation or any other
official action by the Florida Legislature or any State agency.
D. Subgrantee certifies that it possesses the legal authority to receive the funds under this
Agreement and that it's governing body (if applicable) has authorized the execution and
acceptance of this Agreement. The Subgrantee also certifies that the undersigned person has
the authority to legally execute and bind Subgrantee to the terms of this Agreement.
PA Funding Agreement for FEMA-4084-DR 1E
E. Subgrantee agrees that responsibility for compliance with this Agreement rests with
Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the
rescission, suspension or termination of funding under this Agreement, and may affect eligibility
for funding under future Subgrantee Agreements.
F. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with section 112.061, Florida Statute.
G. The Grantee will not intentionally award publicly- funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ( "INA")]. The Grantee shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee
of the employment provisions contained in Section 274A(e) of the INA shall be grounds for
unilateral cancellation of this Agreement by the Grantee.
H. A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of Category Two for a period of thirty -six
(36) months from the date of being placed on the convicted vendor list or on the discriminatory
vendor list.
I. If applicable, the Subgrantee agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
J. With respect to any subgrantee other than a State agency or political subdivision of the State,
which receives funds under this Agreement from the federal government, by signing this
Agreement, the Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not within a f ive -year period preceding this Agreement had on a or more public
transactions (federal, State or local) terminated for cause or default; and
3. have not within a five -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for (a) the commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, State or
local) transaction or contract under public transaction, or (b) violation of federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
Where the Subgrantee is unable to certify to any of the statements in this certification, the
Subgrantee shall submit to the Grantee (by email or facsimile) the completed "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" for each prospective
subcontractor which Subgrantee intends to fund under this Agreement. See Attachment "C ".
Such form must be received by the Grantee prior to the Subgrantee entering into a contract
with any prospective subcontractor.
PA Funding Agreement for FEMA-4084-DR
K. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Subgrantee in this Agreement, in
any subsequent submission or response to Grantee request, or in any submission or response
to fulfill the requirements of this Agreement, and such information, representations, and
materials are incorporated by reference. The lack of accuracy thereof or any material changes
shall, at the option of the Grantee and with thirty (30) days written notice to the Subgrantee,
cause the termination of this Agreement and the release of the Grantee from all its obligations
to the Subgrantee.
L. This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict, and shall be deemed severable,
but shall not invalidate any other provision of this Agreement.
M. The Subgrantee certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Me mber of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and t he extension, continuation, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts
under grants, loans, and cooperative agreements) and that all sub grantees shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
N. All unmanufactured and manufactured articles, materials and supplies which are acquired for
public use under this Agreement have been produced in the United States as required 41
U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23) TERM.
This Agreement shall take effect upon its execution by both parties, and shall terminate upon
approval of closeout by FEMA, unless terminated earlier as specified elsewhere in this Agreement.
Subgrantee shall commence project(s) specified by this Agreement without delay.
Funding Agreement 08
(24)EVENTS OF DEFAULT. REMEDIES AND TERMINATION.
A. Upon the occurrence of any one or more of the following events of default, all obligations of
Grantee to disburse further funds under this Agreement shall terminate at the option of
Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make
payments or portions of payments after the occurrence of any one or more such events without
waiving the right to exercise such remedies and without incurring liability for further payment.
Grantee may at its option terminate this Agreement and any and all funding under this
Agreement upon the occurrence of any one or more of the following:
1. any representation by Subgrantee in this Agreement is inaccurate or incomplete in any
material respect, or Subgrantee has breached any condition of this Agreement 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 State Legislature, Florida Department of
Financial Services, Congress or Office of Management and Budget.
B. Upon the occurrence of any one or more of the foregoing events of default, Grantee may at its
option give notice in writing to Subgrantee to cure its failure of performance if such failure may
be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the
following remedies:
1. terminate this Agreement upon not less than fifteen (15) days notice of such termination by
certified letter to the Subgrantee at the address specified in Attachment "D' 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 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
nonperformance of any Agreement condition or obligation, or for noncompliance with any
applicable legal requirement.
D. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund
to Grantee all funds disbursed to Subgrantee under this Agreement.
E. 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 the
Circuit Court for Leon County, State of Florida.
F. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission,
suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability
to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and
Grantee may set off any such funds by withholding future disbursements otherwise due
Subgrantee under this Agreement until such time as the exact amount of restitution due
Grantee from Subgrantee is determined. In the event that FEMA should deobligate funds
formerly allowed under this Agreement, the Subgrantee shall immediately repay such funds to
PA Funding Agreement for FEMA- 4084 -DR 13
Grantee. Any deobligation of funds or other determination by FEMA shall be addressed in
accordance with the regulations of that Agency.
(25)ATTACHMENTS.
A. All attachments to this Agreement if any 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 t he
Attachments to it if any, the language of the Attachments shall be controlling, but only to the
extent of such inconsistencies.
Note: All other grant administrative and electronic forms will be provided by Grantee as
necessary or posted on the Grantee's website at www. Florid aPA. orq.
(26)NOTICE AND CONTACT.
All notices under this Agreement shall be in writing and shall be delivered by email, by facsimile, by
hand, or by certified letter to the Grantee at the following addresses (Subgrantee shall complete and submit
Attachment "D" which shall serve as the Notice and Contact for the Subgrantee):
Grantee:
Evan Rosenberg, Interim Bureau Chief
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
Email: evan .rosenberaD- em.mvflorida.com
(27)DESIGNATION OF AGENT.
Subgrantee must complete Attachment "D" by designating two agents to execute any Request for
Advance or Reimbursement, certification, or other necessary documentation on behalf of Subgrantee.
PA Funding Agreement for FEMA- 4084 -DR 14
•- ._
SIGNATURE PAGE
Hurricane Isaac
FEDERALLY FUNDED PUBLIC ASSISTANCE AGREEMENT
(FEMA- 4084- DR -FL)
WITNESS IN HEREOF, the Grantee and Subgrantee have executed this Agreement:
no MA - MTOW11063
Governor's Authorized Representative
Woodrow Hay, Mayor
Name and Title
Signature
Date
02/05/2013
Date
(All Subgrantees) Federal Employer Identification Number (FEIN): 59- 6000282
(State Agency Subgrantees Only) Florida Accounting Information Resource (FLAIR) Code:
PA Funding Agreement for FEMA- 4084 -DR 15
Attachment "All
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A -21, A -110, A -122, A -128, A -87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally - assisted
project. Additionally, to the extent the following provisions apply to this Agreement, the Subgrantee assures
and certifies that:
1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities;
that a resolution, motion or similar action has been duly adopted or passed as an official act of the sub -
grantee's governing body, authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the official
representative of the subgrantee to act in connection with the application and to provide such additional
information as may be required.
2. It will have sufficient funds available to meet the non - Federal share of the cost for construction projects.
Sufficient funds will be available when construction is completed to assure effective operation and
maintenance of the facility for the purpose constructed.
3. It will not enter into a construction contract(s) for the project or undertake other activities until the
conditions of the grant program(s) have been met.
4. It will provide and maintain competent and adequate architectural engineering supervision and inspection
at the construction site to insure that the completed work conforms with the approved plans and
specifications; that it will furnish progress reports and such other information as the Federal grantor agency
may need.
5. It will cause work on the project to be commenced within a reasonable time after receipt of notification
from the approving Federal agency that funds have been approved and will see that work on the project will
be prosecuted to completion with reasonable diligence.
6. It will not dispose of or encumber its title or other interests in the site and facilities during the period of
Federal interest or while the Government holds bonds, whichever is the longer.
7. (To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency
Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is
eligible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 206, and
applicable FEMA Handbooks.
8. The emergency or disaster relief work therein described for which Federal Assistance is requested
hereunder does not or will not duplicate benefits received for the same loss from another source.
9. It will (1) provide without cost to the United States and the Grantee all lands, easements and rights -of-
way necessary for accomplishments of the approved work; (2) hold and save the United States and the
Grantee free from damages due to the approved work or Federal funding.
10. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants,
loans, reimbursements, advances, contracts, property, discounts of other Federal financial assistance
extended after the date hereof to the subgrantee by FEMA, that such Federal Financial assistance will be
extended in reliance on the representations and agreements made in this assurance and that the United
States and the Grantee shall have the right to seek judicial enforcement of this assurance. This assurance
is binding on the subgrantee, its successors, transferees, and assignees, and the person or persons whose
signatures appear on the reverse as authorized to sign this assurance on behalf of the subgrantee.
11. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally- assisted programs.
12. It will comply with provisions of Federal law which limit certain political activities of employees of a State
or local unit of government whose principal employment is in connection with an activity financed in whole
or in part by Federal grants. (5 USC 1501,et. seq.)
13. It will comply with the provisions of 18 USC 594, 598, 600 -605 (further known as the Hatch Act)
which limits the political activities of employees.
14. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly those
with whom they have family, business, or other ties.
15. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act,
16. It will comply with the Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted
contracts be paid wages of not less than one and one -half times their basic wage rates for all hours worked
in excess of forty hours in a work week.
17. It will comply with the Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that
covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one -
half times their basic wage rates for all hours worked in excess of the prescribed work -week.
18. It will comply with the Anti - Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages in federally financed or assisted construction activities.
19. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
20. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
21. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
22. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance
is available as a condition for the receipt of any Federal financial assistance for construction or acquisition
purposes for use in any area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase "Federal financial assistance"
includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance.
23. It will comply with the insurance requirements of Section 314, PL 93 -288, to obtain and maintain any
other insurance as may be reasonable, adequate, and necessary to protect against further loss to any
property which was replaced, restored, repaired, or constructed with this assistance.
24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible
for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part
800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and
by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate
adverse effects upon such properties.
25. It will comply with all appropriate environmental laws, including but not limited to:
a.) The Clean Air Act of 1955, as amended, 42 U.S.C. 7401 -7642.
b.) The Clean Water Act of 1977, as amended, 42 U.S.C. 7419 -7626.
c.) The Endangered Species Act of 1973, 16 U.S.C. 1531 -1544.
d.) The Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728 -4763.
e.) Environmental standards which may be prescribed pursuant to the National Environmental
Policy Act of 1969, 42 U.S.C. 4321 -4347.
f.) The Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 -1287, related to protecting
components or potential components of the national wild and scenic rivers system.
g.) The Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661 -666.
h.) Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of
1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources.
Q The provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16
USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units
of the Coastal Barrier Resources System.
26. It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental
Justice).
27. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile
Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the
current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1;
and all other applicable Federal laws, orders, circulars, or regulations.
28. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including
Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems
Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities;
Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures
for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland
Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.
29. It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the
use of lead based paint in construction of rehabilitation or residential structures.
30. It will comply with the Energy Policy and Conservation Act (P.L. 94 -163; 42 U.S.C. 6201 - 6422), and the
provisions of the State Energy Conservation Plan adopted pursuant thereto.
31. With respect to demolition activities, it will:
a.) Create and make available documentation sufficient to demonstrate that the Subgrantee and
its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
b.) Return the property to its natural state as though no improvements had ever been contained
thereon.
c.) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Subgrantee's jurisdiction to detect the presence of asbestos and
lead in accordance with requirements of the U.S. Environmental Protection Agency, the
Florida Department of Environmental Protection and the county health department.
d.) Provide documentation of the inspection results for each structure to indicate: safety hazards
present; health hazards present; and/or hazardous materials present.
e.) Provide supervision over contractors or employees employed by Subgrantee to remove
asbestos and lead from demolished or otherwise applicable structures.
f.) Leave the demolished site clean, level and free of debris.
g.) Notify the Grantee promptly of any unusual existing condition which hampers the contractors
work.
h.) Obtain all required permits.
Q Provide addresses and marked maps for each site where water wells and septic tanks are to
be closed along with the number of wells and septic tanks located on each site, and provide
documentation of such closures.
j.) Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Public Law 94 -163).
k.) Comply with all applicable standards, orders, or requirements issued under Section 112 and
306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S.
1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40
CFR Part 15 and 61). This clause shall be added to any subcontracts.
I.) Provide documentation of public notices for demolition activities.
32. It will comply, and all its contractors will comply, with the non- discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation
Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of
the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -
Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations
on disability discrimination, 28 CFR Part 35 and Part 39.
33. It will require the facility to be designed to comply with the "American Standard Specifications for
Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-
1961, as modified (41 CFR 101 -17- 7031). The subgrantee will be responsible for conducting inspections to
insure compliance with these specifications by the contractor.
34. It agrees to comply with Section 311, P.L. 93 -288 and with Title VI of the Civil Rights Act of 1964 (P.L.
83 -352) and in accordance with Title VI of the Act, no person in the United Grantees shall, on the ground of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the subgrantee receives Federal
financial assistance and will immediately take any measures necessary to effectuate this agreement. If any
real property or structure is provided or improved with the aid of Federal financial assistance extended to
the subgrantee, this assurance shall obligate the subgrantee, or in the case of any transfer of such property,
any transferee, for the period during which the real property or structure is used for a purpose for which the
Federal financial assistance is extended or for another purpose involving the provision of similar services or
benefits.
35. It agrees to comply with Executive Order 11246 as amended by Executive Orders 11375 and 12086,
and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on
the basis of race, color, religion, sex or national origin in all phases of employment during the performance
of federal or federally assisted construction contracts; affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff /termination,
rates of pay or other forms of compensation; and election for training and apprenticeship.
36. It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.:
1681 -1683 and 1685 - 1686) which prohibits discrimination on the basis of sex.
37. It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, (42 U.S.C. 4521- 45 -94) relating to nondiscrimination on the basis
of alcohol abuse or alcoholism.
38. It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3
and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
39. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
40. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
41. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free
Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR
Part 67 Sections 67.615 and 67.620.
ATTACHMENT "B"
Public Assistance Quarterly Report
Available for Each Subgrantee on www.FloridaPA.org
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Attachment "C"
Certification Regarding
Debarment, Suspension, Ineligibility
and
Voluntary Exclusion
Subcontractor Covered Transactions:
1. The prospective subcontractor of the Subgrantee certifies, by submission of this document, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department
or agency.
2. Where the Subgrantee's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
Name of Company
Street Address
City, State, Zip
Federal Employer Identification Number (FEIN)
LI-M
Signature Date
Subgrantee's Name
Grantee Agreement Number
Attachment "D"
DESIGNATION OF SUBGRANTEE'S AGENT'
FEMAIGRANTEE PUBLIC ASSISTANCE PROGRAM
Florida Division of Emergency Management
Subgrantee
City of Boynton Beach, Florida
Primary Agent Secondary Agent
Agent's Name Agent's Name
Lori LaVerriere Tim Howard
Signature Signature
Organization / Official Position Organization / Official Position
City Manager Finance Director
Mailing Address Mailing Address
100 East Boynton Beach Blvd., PO Box 310 100 East Boynton Beach Blvd., PO Box 310
City, State, Zip City, State, Zip
Boynton Beach, FL. 33425 -0310 Boynton Beach, FL. 33425 -0310
Daytime Telephone Daytime Telephone
561.742.6010 561.742.6311
Facsimile Number Facsimile Number
561.742.6011 561.742.6316
E -mail Address E -mail Address
laverrierel @bbfl.us howardt@bbfl.us
The above Primary and Secondary Agents are hereby authorized to execute and file Application for Public Assistance
on behalf of the Subgrantee for the purpose of obtaining certain Grantee and federal financial assistance under the
Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93 -288 as amended) or otherwise
available. These agents are authorized to represent and act for the Subgrantee in all dealings with the Grantee of
Florida, Grantee for all matters pertaining to such disaster assistance required by the agreements and assurances
printed on page 2 hereof. Additional authorized contacts may be registered on the Grantee's PA Website
(www.floridaaa.ora) for full or read only access by the above authorized Agents.
Chief Financial Officer Subgrantee's Authority/Boa rd/Corn missi
on
Name Official's Name
Woodrow L. Hay
Signature Signature
Organization / Official Position
Organization / Official Position
Mayor
Mailing Address
Mailing Address
100 East Boynton Beach Blvd., PO Box 310
City, State, Zip
City, State, Zip
Boynton Beach, FL. 33425 -0310
Daytime Telephone
Daytime Telephone
Facsimile Number
Facsimile Number
E -mail Address E -mail Address
hayw @bbfl.us
Subgrantee's Grantee Cognizant Agency for Single Audit purposes:
Florida Division of Emergency Management
Subgrantee's Fiscal Year (FY) Start
Month: October D ay: 1
Subgrantee's Federal Employer's Identification Number (EIN)
59 6000282
Subgrantee's FIPS Number (If Known)
Subgrantee Authority /Board /Commission Signature
099 - 07875 - 00
Date: 02/05/2013
Page 1
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
VIM) I WI�►f1
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20 -20 Anticipated Expenditures for First Three Months of
(list applicable line items) Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the
cash advance. The justification must include supporting documentation that clearly shows the advance will be
expended within the first ninety (90) days of the contract term. Support documentation should include quotes
for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and
necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any
advance funds not expended within the first ninety (90) days of the contract term shall be returned to the
Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt,
along with any interest earned on the advance)