Item III (F) Approval and Authorization for the Mayor and City Clerk to execute the Disaster Relief Funding Agreement with the State of Florida Department of Community Affairs for Financial Assistance in Repairs Agenda 7-7-98
'` Item III F
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K �s
��rf�or o000`�a JAMES W.SHIRR,P.E.
s.
CITY ENGINEER/UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
PHONE(407)656-2322 EXT.142•FAX(407)656-7835
MEMORANDUM
DATE: June 10, 1998
TO: The Honorable Mayor and Board of City Commissioners
FROM: David Wheeler, P.E,49'0M i
Assistant City Engineer/Utilities Director
SUBJECT: Disaster Relief Funding Agreement
With the State of Florida Department of Community Affairs
Attached is a copy of the Disaster Relief Funding Agreement with the State of Florida
Department of Community Affairs for financial assistance in repairs as a result to the declaration
of a disaster emergency by the Governor in Executive Orders number 98-37 and 98-57. The
financial assistance is to correct two problem areas in association with the flooding along Starke
Lake which took place from November 1997 until recently.
The two problem areas identified by the Engineering Department to the Federal Emergency
Management Agency were debris and sediment intrusion into the two drain wells for Starke Lake
and the flooding of Lakeshore Drive north of the boat ramp. Disaster Survey Reports were
discussed and filed with FEMA and both projects qualified for funding assistance.
The rehabilitation of the drain wells involves the cleaning of the two wells to return them to their
"design" intake capacities and installation of screens on the intake pipes to reduce trash and
debris intrusion into the wells which affects intake capacity. The estimated construction cost is
$7,500.00.
The repair of Lakeshore Drive involves the raising of the roadbed to above the projected 100
year storm elevation and installing additional stormwater catch basins and associated piping.
The affected area is from the culvert north of City Hall to the Boat Ramp and the eastern portion
of Municipal Complex driveway. The estimated construction cost is $110,063.00.
The funding has been committed under Presidential Declaration under the FEMA-1195-DR-FL
program. The funding is broken up into three areas of commitment: 50% from the Federal
7ossiv.47.di
THE PRIDE OF WEST ORANGE 41
Government, 12.5%from the State of Florida, and 12.5% from the City of Ocoee. Therefore,the
City's share of the overall cost is approximately$14,695.00 and will be funded from Stormwater
Contingency(current balance of$80,065).
The drain well project is considered a"Small"Project and is available for immediate funding.
The Lakeshore Drive project fall into the "Large"Projects and will be reimbursed to the City on
a"payment request"basis. There was a third project involving cleanup activity reimbursement
which was not eligible due to non normal work day scheduling. Staff is ready to proceed with •
the two eligible projects to mitigate possible future problems and work with the Department of
Community Affairs in compliance with the program guidelines.
I recommend that the City Commission approve this Disaster Relief Funding Agreement with the
State of Florida Department of Community Affairs for financial assistance in repairs as a result
of the declaration of a disaster emergency by the Governor in Executive Orders number 98-37
and 98-57 and authorize the Mayor and City Clerk to execute this agreement.
Attachments
1) Disaster Relief Funding Agreement
DCA AGREEMENT NO. 98-RM-M9-06-58-02-093
FEMA PROJECT APPLICATION NO. 095-51075
DISASTER RELIEF FUNDING AGREEMENT
This Agreement is between the State of Florida, Department of
Community Affairs (Grantee) and City of Ocoee, (Subgrantee) . In
support of the Agreement, the parties state :
WHEREAS, extensive flooding beginning December 25 , 1997, and
subsequent tornadoes produced disastrous weather conditions which had
a devastating impact upon Northern and Central Florida; and
WHEREAS, the severity of the damage and losses resulted in the
declaration of a disaster emergency by the Governor in Executive
Orders number 98-37 and 98-57; and
WHEREAS, the President of the United States has concurred and
has declared a major disaster emergency including Public Assistance
for the counties of Alachua, Baker, Bradford, Brevard, Calhoun,
Citrus, Clay, Columbia, DeSoto, Dixie, Duval , Escambia, Franklin,
Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Highlands,
Hillsborough, Holmes, Jackson, Lafayette, Lake, Levy, Liberty,
Madison, Manatee, Marion, Nassau, Okaloosa, Okeechobee, Orange,
Osceola, Pasco, Polk, Putnam, Sarasota, Seminole, Sumter, Suwannee,
Taylor, Union, Volusia, Walton, and Washington in FEMA-1195-DR-FL;
and
WHEREAS, the Federal Emergency Management Agency (FEMA) , as a
result of the Presidential Declaration, has made available federal
funds for eligible disaster relief activities in FEMA-1195-DR-FL; and
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WHEREAS) the FEMA-State Agreement, defined herein below,
governing the use of those funds requires the State to share in the
total costs eligible for federal assistance; and
WHEREAS, Chapter 97-152, Laws of Florida, in specific
appropriation 1114A, provides that Federal disaster assistance
matching requirements shall be equally shared between the State and
its subgrantees; and
WHEREAS, Sections 252 . 35 . 252 . 36, 252 . 37, and 252 . 38,
Florida Statutes, authorize the relationship described herein.
NOW THEREFORE, the parties agree as follows :
1 . DEFINITIONS: unless otherwise indicated, the following terms
shall be defined as stated herein.
a. "Eligible disaster relief activities" , as used in this
Agreement, means those activities authorized in the FEMA-State
Agreement, as defined herein below; Public Law 93-288, as amended by
Public Law 100-707 (hereinafter the "Stafford Act") ; Title 44 CFR,
Part 206, and applicable Federal Emergency Management Agency or State
guidance documents .
b. "Large Project" and "Small Project" shall be defined as
indicated in 44 CFR 206 . 203 (c) .
c . "FEMA-State Agreement" shall mean that agreement between
FEMA and the State of Florida, for the Presidential Major Disaster
Declaration FEMA-1195-DR-FL, and all modifications thereto.
d. "Permanent Work" shall be defined as stated in 44 CFR
206 . 201 (g) .
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e . "Predisaster design" shall be defined as stated in 44
CFR 206 . 201 (h) .
f . "Project" shall be defined as stated in 44 CFR
206 . 201 (i) .
2 . APPLICABLE STATUTES, RULES and AGREEMENTS : The parties agree
to be bound by all terms of the FEMA-State Agreement and all
applicable state and federal statutes and regulations, including but
not limited to those hereafter stated, and the pertinent implementing
regulations and guidance :
(a) 44 CFR parts 6, 7, 9, 10 , 11, 13, 14, 16, 17, 18 and 206 and
other applicable FEMA regulations, policies, and guidance;
(b) Title VI of the Civil Rights Act of 1964 (P. L. 88-352) which
prohibits discrimination on the basis of race, color or national
origin;
(c) 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;
(d) Section 504 of the Rehabilitation Act of 1973 , as amended
(29 U.S .C. 794) which prohibits discrimination on the basis of
handicaps;
(e) the Age Discrimination Act of 1975, as amended (42
U.S.C. 6101-6107) which prohibits discrimination on the basis of age;
(f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 91-
616) as amended, relating to nondiscrimination on the basis of drug
abuse;
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(g) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
(h) 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;
(i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601
et seq. ) , as amended, relating to nondiscrimination in the sale,
rental or financing of housing, and any other nondiscrimination
provisions in the specific statute (s) under which application for
federal assistance is being made;
(j ) Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S .C. 470) , EO 11593 (identification and
preservation of historic properties) , and the Archaeological and
Historic Preservation Act of 1974 (16 U. S . C. 469a-1 et seq. ) ;
(k) Lead-Based Paint Poisoning Act (42 U. S .C. 4801) et seq. )
which prohibits the use of lead based paint in construction of
rehabilitation or residential structures;
(1) Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Act of 1970 (P.L. 91-646) which provides
for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal and federally assisted
programs . (These requirements apply to all interests in real
property acquired for project purposes regardless of federal
participation in purchases . ) ; and
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(m) Energy Policy and Conservation Act (P.L. 94-163) , and the
provisions of the State Energy Conservation Plan adopted pursuant
thereto.
3 . FUNDING and INSURANCE: The Grantee shall provide funds to the
Subgrantee for eligible disaster relief activities for the projects
approved by the Grantee and FEMA as specifically described in the
approved Damage Survey Report (s) (DSR [s] ) . Allowable costs shall be
determined in accordance with 44 CFR §206, 44 CFR Part 13 , and
pertinent FEMA guidance documents . Approved DSRs shall be
transmitted to the Subgrantee and shall cumulatively document the
specific amount of funding provided, and the applicable scope (s) of
eligible work, under this Agreement . DSRs may obligate, or
deobligate funding, thereby revising the total amount of authorized
funding. DSRs document the total eligible costs and the total
Federal share (75%) of those costs . The Grantee agrees to provide
one-half of the non-Federal share (12 305 of total eligible costs) . As
a condition of receipt of this funding, the Subgrantee similarly
agrees to provide one-half of the non-Federal share (124% of total
eligible costs) .
Subgrantee agrees that the Grantee is authorized to withhold
funds otherwise payable to Subgrantee, from any agreement
administered by the Grantee, upon a determination by the Grantee or
FEMA, or any auditor, that funds have been provided to Subgrantee
pursuant to this Agreement, or any other disaster relief funding
agreement administered by the Grantee, in excess of eligible costs .
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Subgrantee agrees, as a condition of receipt of funding pursuant
to this Agreement, to obtain reasonably available, adequate, and
necessary insurance for the type or types of hazard for which the
major disaster was declared for any and all projects receiving
funding. Proof of said insurance shall be made available to the
Grantee as a condition of receipt of funding under this Agreement .
4 . DUPLICATION OF BENEFITS PROHIBITION: In accordance with the
provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Subgrantee shall notify the Grantee, as
soon as practicable, of the existence of any insurance coverage for
the damage identified on the DSR, and of any entitlement or recovery
to payments from any other source, for the projects described in the
DSR(s) . Eligible costs shall be reduced by the amount of duplicate
sources available . The Subgrantee shall be liable to the Grantee to
the extent that the Subgrantee receives duplicate benefits from
another source for the same purposes for which the Subgrantee has
received payment from the Grantee. The Subgrantee shall immediately
remit to the Grantee any duplication of benefits payment received by
the Subgrantee.
5 . COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING LAWS :
The Subgrantee shall be responsible for implementation and completion
of the approved projects described in the DSR (s) in a manner
satisfactory to the Grantee, and in accordance with applicable
federal, state, and local statutes, regulations, plans, and policies .
Any development authorized by, any development order issued by, any
permit issued by, or any development activity undertaken by, the
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Subgrantee, and any land use permitted by or engaged in by the
Subgrantee, shall be consistent with the local comprehensive plan and
land development regulations prepared and adopted pursuant to Chapter
163, Part II , Florida Statutes. Funds shall be expended for, and
development activities and land uses authorized for, only those uses
which are permitted under the comprehensive plan and land development
regulations . The Subgrantee shall be responsible for ensuring that
any development permit issued and any development activity or land
use undertaken is, where applicable, also authorized by the pertinent
Water Management District, the Florida Department of Environmental
Protection, the Florida Department of Health, and any local
environmental or land use permitting authority, where required.
In addition, Subgrantee shall comply with other federal and
state environmental laws, statutes, regulations, and guidance
including, but are not limited to, the following:
(a) institution of environmental quality control measures under
the National Environmental Policy Act of 1969 (P.O. 91-190) , as
amended and Executive Order (EO) 11514 ;
(b) notification of violating facilities pursuant to EO 11738;
(c) protection of wetlands pursuant to EO 11990;
(d) evaluation of flood hazards in floodplains in accordance
with EO 11988;
(e) assurance of project consistency with the approved state
management program developed under the Coastal Zone Management Act of
1972, as amended (16 U. S.C. 1451 et seq. ) ;
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(f) conformity of federal actions to State (Clean Air)
Implementation Plans under Section 176 (c) of the Clean Air Act of
1955, as amended (42 U. S .C. 7401 et seq. ) ;
(g) protection of underground sources of drinking water under
the Safe Drinking Water Act of 1974 , as amended, (P.L. 93-523) ;
(h) protection of endangered species under the Endangered
Species Act of 1973 , as amended, (P.O. 93-205) ; and
(i) the Wild and Scenic Rivers Act of 1968, as amended (16
U.S.C. 1271 et seq. ) related to protecting components or potential
components of the national wild and scenic rivers system.
Subgrantee further agrees to provide and maintain competent and
adequate engineering or other supervision at all construction or work
sites to ensure that the complete work conforms with the approved
plans, specifications, and scope of work.
6 . REQUIRED DOCUMENTATION; REVIEW/INSPECTION: The Subgrantee
shall create and maintain acceptable documentation of work performed
and costs incurred with respect to each project identified in
connection with a Damage Survey Report (DSR) . Failure to create and
maintain proper documentation will result in the disallowance of
Public Assistance funding, and require the refund of funds previously
reimbursed or advanced, including an interest penalty. For all Large
projects, the Subgrantee shall submit : (a) a Summary of Documentation
(blank form attached as Exhibit A) supported by all appropriate
backup documentation (e .g. : invoices, canceled checks, daily activity
reports, payroll records, time sheets, executed contracts, receipts,
purchase orders, billing statements, etc . ) ; (b) a request for
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reimbursement of actual costs; and (c) a signed project listing when
all projects are complete. For all Large Projects, the Subgrantee
must submit a request for a final inspection. For all projects the
Subgrantee shall certify, on the Project Listing, that all work was
performed in accordance with the requirements in this Agreement and
the requirements in each DSR, and shall state the date the work was
completed. The Grantee will inspect Small Projects on a random
basis . The Grantee will schedule and perform the final inspections
on Large Projects, and review the Project Listing for Small Projects
or inspect the project, to ensure that the work was performed within
the scope of work delineated on the DSR (s) . Costs of any work not
performed within the approved scope of work shall not be eligible for
funding.
7 . COST SHARING: The disaster relief funds for eligible costs
indicated on the DSR(s) and described in this Agreement shall be
shared in accordance with the cost sharing provisions established in
the Stafford Act, the FEMA-State Agreement, and Chapter 97-152 , Laws
of Florida, Specific Appropriation 1114A. DSRs document the total
eligible costs and the total Federal share (75%) of those costs . The
Grantee agrees to provide one-half of the non-Federal share (12%% of
total eligible costs) . As a condition of receipt of this funding,
the Subgrantee similarly agrees to provide one-half of the non-
Federal share (12%% of total eligible costs) . Administrative costs,
which according to the schedule are in addition to and not part of
the DSR (s) eligible costs, and are otherwise eligible under 44 CFR
206 . 228 and involve no required match, will be funded by FEMA.
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8 . PAYMENT OF CLAIMS :
a. SMALL PROJECTS : The Grantee shall make payment to the
Subgrantee of the Federal share of the eligible costs as soon as
practicable after execution of this Agreement .
b. LARGE PROJECTS: The payments for Large Projects will be
on a cost reimbursement basis and subject to receipt of the
following: (1) a Request For Advance or Reimbursement Form (blank
form attached hereto as Exhibit B) ; (2) a Summary of Documentation
Form, listing the DSR #, identifying the audit ready documentation
that exists to support the payment request, identifying the dollar
amounts of each eligible cost, and identifying the Subgrantee ' s own
internal reference number (voucher, warrant, purchase order, etc . ) ;
and (3) a letter providing a brief synopsis of the request, and
certifying that the reported costs were incurred in the performance
of eligible work.
c. ADVANCES : This Subgrantee may be paid an advance of
funds provided that the Subgrantee : (1) demonstrates and maintains
the willingness and ability to maintain procedures to minimize the
time elapsing between the transfer of funds and their disbursement;
(2) submits budget data on which the request is based; (3) submits a
justification statement explaining the necessity for and proposed use
of the funds, and specification of the amount requested; and (4)
submits a completed Request for Advance or Reimbursement Form. After
any advance, and in the event no advance is provided, all payments
shall be on a cost reimbursement basis . Subgrantee shall promptly,
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but at least quarterly, remit interest earned on advances (if any) to
the Grantee for remittance to FEMA.
d. IMPROVED PROJECTS : If the Subgrantee desires to make
improvements, but still restore the predisaster function of the
damaged facility in accordance with 44 CFR 206 . 203 , the Subgrantee
must obtain prior approval from the Grantee.
e . ALTERNATE PROJECTS : In any case in which the Subgrantee
determines that the public welfare would not be best served by
restoring a damaged public facility, or function of that facility,
the Subgrantee may request that the Grantee and FEMA approve, in
advance of performing any work, an alternate project in accordance
with 44 CFR 206. 203 .
f . The Grantee may, in its sole discretion, withhold a
percentage of funding provided on each DSR in order to protect
against subsequent adverse determinations by FEMA regarding
previously authorized or disbursed grant funds .
9 . FINAL PAYMENT: The final payment will be made only after
project completion, submission of all required documentation, final
inspection (Large Projects) , review of Project Listing and/or
inspection (Small Projects) , and a request for final reimbursement .
10 . RECORDS MAINTENANCE: The Subgrantee agrees to maintain all
records pertaining to the projects described in the DSR (s) and the
funds received under this Agreement until all issues relating to the
inspection and final audit have been completed, and any action or
resolution of outstanding issues have been. completed. In no event
will such records be maintained for a period of less than three (3)
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years from the date of the final payment under this Agreement .
Access to those records must be provided at reasonable times to the
Comptroller General of the United States, the Grantee, its employees
and agents, and to FEMA, its employees and agents.
11 . RECOVERY OF FUNDS : If the final inspection, audit, or other
review by FEMA, the State, or any other authorized entity determines
that payment made under this Agreement exceeds the amount of actual
eligible costs, the Subgrantee shall, within forty-five (45) days of
receipt of the determination notice, repay the Grantee the amount
determined to be in excess of the actual costs .
12 . AUDIT:
a. Subgrantees shall submit an Audit of Agreement
Compliance to the Grantee as provided herein. This audit will be
performed by an independent Certified Public Accountant or other
entity independent of the Subgrantee in accordance with the standards
of the Comptroller General as specified in the General Accounting
Office Standards for Audit of Governmental Organizations, Programs,
Activities and Functions, and generally accepted auditing standards
established by the American Institute of Certified Public
Accountants . The agreement number of this grant must be identified
with the audit submitted. Such audit shall also comply with the
requirements of Sections 11 .45 and 216 . 349, Florida Statutes and
Chapter 10 . 550, Rules of the Auditor General, and, to the extent
applicable, the Single Audit Act of 1984 , as amended, 31 USC 7501
through 7507, and OMB Circular A-133 . If the Subgrantee is a
private non-profit organization, it shall submit an organization-wide
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audit . All audits are due seven (7) months after the termination of
the entities fiscal year.
b. The Grantee may require the Subgrantee to undertake
such further or additional audits as determined necessary or
appropriate including, but not limited to, past and current
organization-wide audits. Such audits may be necessary
to determine the adequacy, accuracy, and reliability of the
Subgrantee ' s internal controls, fiscal data, and management systems
established to safeguard the Subgrantee ' s assets and to ensure
compliance with this Agreement .
c. If this Agreement is closed out without an audit, the
Grantee reserves the right to recover any disallowed costs identified
in an audit after such close-out .
13 . NONCOMPLIANCE: If the Subgrantee violates any of the
conditions of disaster relief assistance under the Robert T. Stafford
Act of 1988, Public Law 93-288 as amended by Public Law 100-707, the
FEMA-State Agreement, applicable state law or applicable state or
federal regulations, including those noted herein, additional
financial assistance for the project in which the violation occurred
will be withheld until such violation has been corrected or the
Grantee may take any other action that is legally available .
14 . NONDISCRIMINATION/CONTRACTORS : The Subgrantee shall
maintain an active program of nondiscrimination in disaster
assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR Section
206 . 11 . The Subgrantee shall comply with federal regulations
concerning the General Services Administrative Consolidated List of
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Debarred, Suspended and Ineligible Contractors, as provided in 44 CFR
Part 17 .
15 . MODIFICATION: Either party may request modifications to
this Agreement, including work to be completed on the DSR (s) and the
time performance period. Such modifications MUST be proposed in
writing by either party and become effective only upon execution by
both parties .
16 . TIME FOR PERFORMANCE : All activities funded under this
Agreement shall be timely performed and completed. In accordance
with 44 CFR 206 .204, and subject to any approved extension by the
Governor' s Authorized Representative (GAR) or the Federal Regional
Director, the term for performance of debris clearance or emergency
work is six (6) months from the date of the declaration of a major
disaster or emergency. Permanent work must be completed within
eighteen (18) months of the date of the declaration of a major
disaster or emergency. Within sixty (60) days after expiration of
the latest approved extension for Large Projects, the Summary of
Documentation, a request for final inspection and supporting
documentation identified in Paragraph 6, REQUIRED DOCUMENTATION:
REVIEW AND INSPECTION, shall be submitted to the Grantee. Within
thirty (30) days of the later of : (1) the completion of all work, or
(2) receipt of FEMA' s approval of the Final Inspection, the
Subgrantee shall submit the completed Project Listing to the Grantee.
Time extensions may be granted on an individual basis, in accordance
with 44 CFR 206 . 204 . If any extension request is denied, the
Subgrantee may be reimbursed for eligible project costs incurred up
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to the latest approved completion date. Failure to complete the
project will result in the denial of funding for that project .
17 . CONTRACTS WITH OTHERS : If a Subgrantee contracts with any
other entity (herein after "contractor" ) for performance of any of
the work required under this Agreement, the Subgrantee agrees to
include in the contract that the contractor is bound by the terms and
conditions of this Agreement with the Grantee, and to provide the
contractor with a copy of this Agreement . The Subgrantee further
agrees to include in the contract that the contractor shall hold the
Subgrantee and the Grantee harmless against all claims of whatever
nature arising out of the performance of the work by the contractor
under the contract . To the extent that the Subgrantee has
outstanding, uncompleted, contracts for work for which reimbursement
will be requested under this Agreement, Subgrantee agrees to use its
best efforts to modify said contracts in accordance with this
paragraph.
18 . TERMINATION: Either party may request termination of this
Agreement, in writing, delivered in person, or by certified mail , to
the party' s representative who executes this Agreement . Said
termination may be accomplished by mutual agreement of the parties,
effective thirty (30) days after an executed modification to effect
termination.
19 . LIABILITY:
(a) The Grantee assumes no liability whatsoever to third
parties as a result of this Agreement . Except as otherwise provided
in subparagraph (b) below, the Subgrantee shall be solely responsible
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to parties with whom it shall deal in carrying out the terms of this
Agreement, and shall indemnify and save the Grantee and the State of
Florida harmless against all claims, suits, liabilities and damages,
of whatever nature, arising out of the performance of activities
funded or contemplated under this Agreement . For purposes of this
Agreement, Subgrantee agrees that it is not an employee or agent of
the Grantee but is an independent contractor.
b. Any Subgrantee which is a state agency or subdivision,
as defined in Section 768 .28, Fla. Stat . , agrees to be fully
responsible for its negligent acts or omissions or tortious acts, and
agrees to be liable for any damages proximately caused by said acts
or omissions . Nothing herein is intended to serve as a waiver of
sovereign immunity by any Subgrantee to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state
agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of the performance of this
Agreement .
c . Subgrantee represents and warrants that hazardous and
toxic materials, if present at any locations where the scope (s) of
work will be performed, are at levels within regulatory limits and do
not trigger action required by Federal, State or local laws or
regulations . Subgrantee further represents and warrants that
household hazardous waste meeting the definition set forth in 40 CFR
shall be handled in a manner which meets all Federal , State and local
laws and regulations . Subgrantee further represents and warrants
that the presence of any condition (s) or material (s) on site, which
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is subject to Federal, State or local laws and regulations (including
but not limited to: above ground or underground storage tanks or
vessels, asbestos, pollutants, irritants, pesticides, contaminants,
petroleum products, waste, chemicals, and septic tanks) , shall be
handled and disposed of in accordance with the pertinent
requirements .
20 . REPORTS : The Subgrantee shall provide quarterly progress
reports to the Grantee . The first report is due three (3) months
after the date of execution of this Agreement or at a date negotiated
between FEMA and the Grantee if one is so negotiated, and quarterly
thereafter until the work has been completed and approved through
final inspection. All reports shall be provided using the attached
Quarterly Report Form. Interim inspections shall be scheduled by the
Subgrantee prior to the final inspection and may be requested by the
Grantee based on information supplied in the quarterly reports . The
Grantee may require additional reports as needed. The Subgrantee
shall, as soon as possible, provide any additional reports requested
by the Grantee. The Grantee contact will be the state public
assistance officer for all reports and requests for reimbursement .
21 . STANDARD CONDITIONS : The Subgrantee further agrees to be
bound by the following standard conditions :
a. The State of Florida ' s performance and obligation to
pay under this Agreement is contingent upon an annual appropriation
by the Legislature, or the provision of funding to the Grantee
pursuant to Section 252 . 37, Florida Statutes .
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b. If otherwise allowed under this Agreement, any
extension shall be in writing and shall be subject to the same terms
and conditions set forth in the initial Agreement . There shall be
only one extension of the Agreement unless the failure to meet the
criteria for completion is due to events beyond the control of the
Subgrantee.
c . Bills for fees or other compensation for services or
expenses must be submitted in detail sufficient for a proper pre and
post audit thereof .
d. The Grantee may unilaterally cancel this Agreement for
refusal by the Subgrantee or its contractors to allow public access
to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received by
the Subgrantee or its subcontractor in conjunction with this
Agreement . It is expressly understood that substantial evidence of
the Subgrantee ' s or their contractor ' s refusal to comply with this
provision shall constitute a breach of contract , and constitute
grounds for termination.
e . Pursuant to Section 216 . 347, Florida Statutes, and
applicable federal law, the Subgrantee agrees that no funds from this
Agreement will be expended for the purpose of lobbying the
Legislature, state agency employees, Members of Congress, officers or
employees of Congress, or an employee of a Member of Congress in
connection with the awarding of this Agreement or any amendments or
modifications of this Agreement .
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f. The Subgrantee certifies with respect to this Agreement
that it possesses the legal authority to receive the funds.
g. The Subgrantee shall comply with any Statement of
Assurance attached hereto, which shall be incorporated herein. The
Subgrantee acknowledges that the responsibility for complying with
the approved subgrant award rests with the recipient Subgrantee and
acknowledges that failure to do so constitutes grounds for the
recission or suspension of this subgrant and may influence future
subgrant awards .
22 . TERM: This Agreement shall be effective upon execution and
terminate upon completion of, and final payment for, all approved
projects, subject to any modification in accordance with paragraph
15, above .
23 . NOTICE AND CONTACT: All notices under this Agreement shall
be in writing, delivered either by hand delivery or certified mail to
the representative and address below:
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FOR THE GRANTEE: FOR THE SUBGRANTEE:
Joseph F. Myers GAR
State Public Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
24 . The Subgrantee hereby authorizes
as its designated Agent, to execute Requests for
Reimbursement, necessary certifications, and other supplementary
documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this
Agreement;
FOR THE SUBGRANTEE: FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By: By:
Governor' s Authorized Rep.
Title Title
Date Date
Subgrantee ' s Federal
Employer Identification No.
CATALOGUE OF FEDERAL DOMESTIC
ASSISTANCE NUMBER: 83 . 545 DISASTER ASSISTANCE
20
•
PAGE OF PAGES
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK
Applicant Disaster No.FEMA- -DR-FL
DCA Agreement
No. Project Application No. DSR No.
IApplicant%Rdaeooe No. Delivery Date of DOCUMENTATION
Amount'
(Warrant,voucher,aim ',tides or list Documentation(Applicants payroll,ra e:nal out or applicant's stack
or Schedule No.) performance svices applicant owned equipment sod name of Vendor or contractor) Applicant'Eligibleer
line item in the )by Bay and Coes
apPaed project application and give a6rieEdeaeriptim of the
articles or saviors.
TOTAL
DSR
TOTAL
A separate form will be prepared for each DSR
EXHIBIT A
PAGE OF PAGES
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
•
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK
Applicant 1 Disaster No. 2 FEMA-1195-DR-FL
DCA Agreement
No. 98-RM-M9- 5 Project Application No. 3 DSR No. 4
Appliach Reference No. Delivery Dared DOCUMENTATION
(Wino;Voucher,Chan articles or List cum
st Domentation(Applicant's payroll, nerial oat of stock, Amounts
sPplieambAppiiant Eligible
or Schedule No.) peafo®oe services. appbcaot owned equipment sod acme of wader or contractor)by category and Costs
line item in the approved project appiiatiao and give a briddesaiptim of the
articles or savicea.
6 7 8 9
TOTAL 10
DSR
TOTAL 11
A separate form will be prepared for each DSR
Instructions for Preparation of the
SUMMARY OF DOCJIVIENTATION
Form
Payments on large projects are made on a cost reimbursable basis. The applicant needs
to prepare a Summary of Documentation form for each large project (over $47,100 in
Disaster 1195) Damage Survey Report (DSR) showing funds expended in order to be
reimbursed for that DSR.
Payments on small projects are provided based on estimates approved by FEMA.
However,information shown on the Summary of Documentation is needed for all small
projects if an applicant requests additional funding for ovemms on small projects.
Since the regulations {44CFR 206.204(e)) provide for added small project funding
only after offsetting undemms against overruns on other small projects, information
only on the overruns is not sufficient.
A separate form must be prepared for each Project
DSR, or master DSR if there are supplemental DSRs
Example, see numbers on attached blank form
1. Applicant Name: Example "Bay County"
2. Disaster Number: Example Hurricane Opal "FEMA-1069-DR-FL"
3. Project Application No: Example "005-00000"
4. DSR No: Example "15025"
5. DCA Agreement No: This is the 15 digit number on the first page of your
Disaster Relief Funding Agreement starting with 98-RM-M9.
6. Applicant Reference Numbers, these should provide a reference to the file that
contains the information on the cost that doesn't require a reference to the DSR
No. and could include:
•
a. Warrant number •
b. Check number
c. Schedule number
d. Voucher number
e. Payroll Register
7. Delivery date: This column should show inclusive dates for the work performed
for costs on this line.
8. Documentation: This column should show the following features as relevant to
the type of work covered:
a. Location of the work
b. Vendor or contractor
1. brief description of work performed
c. Summary of labor
d. Summary of material and supplies
e. Summary of equipment
9. Applicant's Eligible Costs: Use this column for your extensions and totals of
eligible costs.
10. Total: This is the total or subtotal (if more than one form is needed) of your
eligible costs.
11. DSR Total: This is the approved amount of the Damage Survey Report.
The Governor's Authorized Representative's staff is available to provide you with
additional assistance in filling out these forms and obtaining funding for eligible costs.
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
gotuD4
DTVLSION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement for
'• ;K Public Assistance Ftmds
SUBGRANTEE NAME: DECLARATION NO:FEMA- -DR-FL
ADDRESS:
PAYMENT No: DCA Agreement No: 98-RM-M9-
DSR PREVIOUS CURRENT DCA Use Only
AMOUNT PAYMENT REQUEST
Approved Comments
DSR#
CATEGORY
DSR#
CATEGORY
DSR#
CATEGORY
DSR#
CATEGORY
DSR#
CATEGORY
TOTAL CURRENT REQUEST $
I certify that tho 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:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED DSR AMOUNT $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
EXHTRIT R
FLORIDA DEPARTMENT OF COMlVIUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
SUBGRANTEE: DSR#:
PROJECT LOCATION: PA ID#:
DISASTER NUMBER; FEMA-DR-FL- QUARTER ENDING:
Percentage of Work Completed(may be confirmed by state inspectors):
Project Proceeding on Schedule: []Yes [] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date,milestones,scope of work,and cost:
Cost Status: []Cost Unchanged [] Under Budget [] Over Budget
Additional Comments/Elaboration:
NOTE: Department of Community Affairs(DCA)staff may perform interim inspections and/or audits at any time. Events
may occur between quarterly reports which haw significant impact upon your project(s),such as anticipated overruns,changes
in scope of work,etc. Please contact DCA as soon as these conditions become known,otherwise you may be found non-
compliant with your subgrant award.
t .1 ' I t I - . t/ I : U : It
hereby authorizes our insurance company(ies) to
Name ofApp&oaat
release directly to the Governor's Authorized Representative, Department of Community
Affairs of the State of Florida, any and all information needed to.process damage survey
reports related to a federally-declared disaster. Date of Loss:
To assist in this process, the following data is provided:
1. Legal Name Referenced in the Policy: •
2. Windstorm Insurer:
Name and Address
3. Policy Number:
4. CLAIM NUMBER(S):
S. Adjuster: ( )
Name Telephone number
6. Flood insurer:
Name and address
7. National Flood Insurance Policy Number:
8. CLAIM NUMBER(S):
9. N.F.I.P. Adjuster: ( )
Name Tekphone number
Authorized Representative
of Named Insured
Sg;gnature Printed Name
Tule Date