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DISASTER RELIEF FUNDING AGREEMENT ------- ,~ . !.. . I I DCA AGREEMENT NO. 93EO-2U-08-62-02-070 FEMA PROJECT APPLICATION NO. 103-12875 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the state of Florida, Department of Community Affairs (Grantee) and City of Clearwater (Subgrantee). In support of the Agreement, the parties state: WHEREAS, on March 12 and 13, 1993, a storm system impacting most of Florida, producing excessive rainfall, high tides, and gale force winds causing tornadoes, death, serious personal injury and property damage: and WHEREAS, freezing rain and extremely cold temperatures on March 13 through 16, 1993, produced crop and other damage: and WHEREAS, the severity of the damage loss resulted in the declaration of a disaster emergency by the Governor in Executive Order Numbers 93-83, 93-84, 93-90 and 93-101: and WHEREAS, the President of the united States has concurred and has declared a major disaster emergency for multiple counties throughout Florida: and WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the Presidential Declaration, has made available federal funds for disaster relief activities in FEMA-982-DR-FL: and 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 assume other obligations in connection with the receipt of assistance: and e(3~ f~ r (, ~/' ~~") ~j f v" (/ ( '.- f;i ," .. I , 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"); and Title 44 CFR, Part 206. 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, dated March 15, 1993, and all modifications thereto. d. "Permanent Work" shall be defined as stated in 44 CFR 206.201(g). e. "Pre-disaster 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: a. 44 CFR, Parts 13, 14 and 206; 2 J' . I I b. Title VI of the Civil Rights Act of 1964 (Public Law 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 USC: 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 USC: 794) which prohibits discrimination on the basis of handicaps; e. The Age Discrimination Act of 1975, as amended (42 USC: 6101-6107) which prohibits discrimination on the basis of age; f. The Drug Abuse Office and Treatment Act of 1972 (Public Law 91-616) as amended, relating to nondiscrimination on the basis of drug abuse; g. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Public Law 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 USC: 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 use: 3601 et seq.), as amended, relating to non- discrimination in the sale, rental or refinancing of housing, and any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; 3 1 I j. Davis-Bacon Act (40 USC: 276a to 276A-7), the copeland Act of 1973 (40 USC: 276c and 18 USC: 874), the Contract Work Hours and Safety Standards Act (40 USC: 327-333) regarding labor standards for federally assisted construction sub- agreements; k. section 106 of the National Historic Preservation Act of 1966, as amended (16 USC: 470); Executive Order 11593 (Identification and Preservation of Historic Properties); and the Archaeological and Historic Preservation Act of 1974 (16 USC: 469a-1 et seq.); 1. Lead-Based Paint Poisoning Act (42 USC: 4801 et seq.), which prohibits the use of lead-based paint in construction of rehabilitation or residential structures; m. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 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 n. Energy Policy and Conservation Act (Public Law 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, specifically described in the Damage Survey Report(s). Allowable costs shall be 4 1 I determined in accordance with 44 CFR 206, Florida statutes, and 44 CFR, Part 13. The 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. 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 Damage Survey Report(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 Damage Survey Report(s) in a manner satisfactory to the Grantee and in accordance with applicable federal, state and local statutes, as well as regulations, plans, and policies. Any development permit issued by, or development activity undertaken by the Subgrantee shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 5 I I 11990; d. Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; e. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 USC: 1451 et seq.)i 6 I I f. conformity of federal actions to state (Clear Air) Implementation plans under section 176(c) of the Clean Air Act of 1955, as amended (42 USC: 7401 et seq.): g. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (Public Law 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 (16 USC: 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 6. REQUIRED DOCUIIERTATION: REVIEW/INSPECTION: The Subgrantee shall create and maintain acceptable documentation of work performed and costs incurred with respect to each project identified in conjunction with a Damage Survey Report. 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 projects, the Subgrantee must submit the following: a. A Summary of Documentation (blank form attached as Exhibit A) supported by all appropriate backup documentation (e.g., invoices, cancelled checks, daily activity reports, payroll records, timesheets, executed contracts, receipts, purchase orders, billing statements, etc.): and b. The Project Listing. 7 I I For all large projects, the Subgrantee must submit a request for a final inspection. 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 Damage Survey Report(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 Damage Survey Report(s) and described in this Agreement shall be shared in accordance with the cost-sharing provisions established in the Stafford Act and the FEMA-State Agreement. Administrative costs which according to the schedule are in addition to and not part of the Damage Survey Report(s) eligible costs, and are otherwise eligible and involve no required match, will be funded by FEMA. 8. PAYMENT OF CLAIMS: a. SMALL PROJECTS: The Grantee shall make payment to the Subgrantee of the federal share of the actual 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 Damage Survey Report number, identifying the audit ready documentation that exists to support the payment 8 I , 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 up to 75 percent, 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. Subgrantees shall promptly, 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 pre-disaster function of the damaged facility in accordance with 44 CFR 206.203, the Subgrantee must obtain 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 an alternate project in accordance with 44 CFR 206.203. 9 I I 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 Damage Survey Report(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) 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 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 10 I I 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 215.349, Florida Statutes and Chapter 10.550, Rules of the Auditor General, and to the extent applicable, the Single Audit Act of 1984, 31 USC 7501 through 7507, and OMB Circulars A-128 and A-133. b. If the Subgrantee is a private non-profit organization, it shall submit an organization-wide audit in accordance with OMB Circular A-133. An organization-wide audit from a private non-profit organization will be due seven (7) months after the Agreement termination date. c. If the Subgrantee is a local government, it shall submit an audit in accordance with OMB Circular A-128, pursuant to the single Audit Act of 1984, Public Law 98-502. The audit will be submitted not later than seven (7) months after the end of the local fiscal year, in accordance with the requirements of Section 11.45(3)(a), Florida Statutes. d. 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 11 I ' I I systems established to safeguard the subgrantee's assets and to ensure compliance with this Agreement. e. 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 other action that is legally available. 14. NONDISCRIMINATION: 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 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 Damage Survey Report(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. 12 I I 16. TIME FOR PERFORMANCE: 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 of an agreement for 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. Time extensions may be granted on an individual basis, in accordance with 44 CFR 206.204. If any extension is denied, the Subgrantee may be reimbursed for eligible project costs incurred up 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, the Subgrantee agrees to use its best efforts to modify said contracts in accordance with this paragraph. 13 I I 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. HOLD HARMLESS: To the extent permitted by law, the subgrantee shall hold and save the Grantee harmless against all liability claims of whatever nature, and shall indemnify the Grantee against any claims arising from work performed pursuant to this Agreement. 20. REPORTS: The subgrantee shall provide quarterly progress reports to the Grantee. The first report is due three (3) months after the date or execution of this Agreement 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 COMDITIONS: The subgrantee further agrees to be bound by the following standard conditions: 14 I I 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. 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 is 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 15 I I in connection with the awarding of this Agreement or any amendments or modifications of this Agreement. f. The Subgrantee certifies with respect to this Agreement that is possesses the legal authority to receive the funds. g. The Subgrantee shall comply with the statement of Assurance incorporated herein and attached as Exhibit C. 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 recision 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: FOR THE GRANTEE: Joseph Myers G~ state Public Assistance FEMA Disaster Field Office 4200 West Cypress street Tampa, Florida 33607 FOR THE SUBGRAHTEE: Val Mahan Emergency Management Coordinator City of Clearwater P. O. Box 4748 Clearwater, FL 34618-4748 16 " I I 24. The Subgrantee hereby authorizes Allen V. Mahan, Emergency Services Coordinator 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 SUBGRAHTEE: CITY OF CLEARWATER, FLORIDA FOR THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ~~ By: Michael ht ,,1jc9??-3 o te 'ty Manager Governor's Authorized Re~resentative [- 3 .~~le Date 59-6000-289 Subgrantee's Federal Employer Identification No. CATALOGUE OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 83.516 DISASTER ASSISTANCE ATTEST AS TQ CITY OF CLEARWATER: 17 ", FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PAGE_ a_ DIVISION pF EMERGENCY MANAG~ENT REQUEST FOR REIMBURSEMENT FOR PUBLIC ASSISTANCE FUNDS II- 'J,. l> SUBGRANTE= NAME: DECL. NO: ADDRESS: PA ID NO: FEID NO: FOR DCA's USE ONLY I DSR PREVIOUS CURRENT APPROVED I AMOUNT PA YMENTS REQUEST FOR PAYMENT COMMENTS DSR# CATEGORY I DSR# CATEGORY I DSR# CATEGORY -- DSR# CATEGORY ~.,.~ LO} GORY DSR# I CATEGORY DCA AGREEMENT NO: PAYMENT NO:_ TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA Agreement and payment is due and has not been requested for these amounts. SUBGRANTEE SIGNATURE NAME AND TITLE DATE ! TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) \ APPROVED DSR TOTAL $ I I ADMINISTRATIVE COST I I ';. JJJ 5 % $ GOVERNOR'S AUTHORIZED REPRESENTATIVE $ DATE PA1001110101.19216 . , EXHIBIT A FLCfUDA DMSION OF EMERGENCY tjANAGEMENT SUMMAMv OF DOCUMENT A TlON IN SUPPORT cJ: AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK APPLICANT Disaster No. FEMA- -DR":FL DCA Agreement No. Project Application No. DSR No. ApplicaDl's Delivery Date Documentation Amounts Rc(crcDce No. of anicles or Li~t documenLation (ApplicaDt's payroll, material out of (WarraDI, performaDce of applicanl's slock, applicant owned equipmeDlaDd Dame of veDdor Applicaat's Eli~ible COSt Voucher. Claim services. or cODlraclor) by Cale!;ory aad line ilem in the approved project or Schedule No.} aprlic:ltion and give a brief description of the articles or services. Dollan ~nlS - . . , -;} -4 ~J ..... TOTAL nSR tOTAL ~ '.. '" . - . I EXHIBIT C , , '. CERTIFICATION FOR CONTR.~CTS. GRANTS. LOAi'JS. AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. 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 Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of a federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 2. 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 comolete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, n in accordance with instructions. #;i~ '..1 "- 3. The undersigned shall require that the language of tr.:.s certi:ication be included in the award do C\l.'!\ent for all subawards at all tiers (including subcontracts, subg=ar.ts, and cont=acts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordi~gly. This certification is a material reoresentation of fact uoen which reliance was placed when this transaction was made or ente~ed into. 5.........;ss;0.., of' ...,~s ",--;':; -;,...; ... ..."', ..;c::;-~ .: ,... --k;-- - .........~ ...... _ .....~ c__....___ca_...o.. _s a p_e__q'_____...._ ...0. ..\C.. _..:: o. en~er;nc ;T'\-o -~; -,.. '"' -; ; d b S -; .., '~::::2 ....;-;0 3- . _ _ "" ___~ ......_s ~.a__sac__on ~mpose 'f ec...._c.. --- , ----- ~, U.S. Code. Anv oerson who :ails to file the reauired certification shall be subject to a civil penalty of not less than $10,000 and not more tr~n $100,000 for each such failure. icant's Agent ght, City Manager , Y911! J