DISASTER RELIEF FUNDING AGREEMENT - TROPICAL STORM BONNIE & HURRICAN CHARLEY
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
THADDEUS L. COHEN, AlA
Secretary
MEMORANDUM
TO:
All Sub-grantees for Public Assistance Disaster Relief Funding
VIA:
Frank J. Koutnik
FROM:
Del Streid
State Public Assistance Officer
DATE:
December 2004
SUBJECT:
Executed Disaster Relief Fundinq Aqreement
Enclosed are your original Public Assistance Federal and State Funded Subgrant Disaster Relief
Funding Agreement for Hurricane Charley FEMA-1539-DR-FL, executed by the department of
Community Affairs and the applicant. This Public Assistance Agreement provides funds for
eligible disaster relief activities specifically described in the approved Project Worksheets
(PWs.)
Please keep this original Disaster Relief Funding Agreement for your records.
Payments oflarge projects will be made on a cash reimbursements basis, subject to receipt of a
"Request for Reimbursement (RFR)" form and a "Summary of Documentation of Expenditures
(SOD)" by P W, these are Attachments online at floridapa.org.
Accurate records of disaster cost must be maintained for three (3) years from the date of final
payment.
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.07811Suncorn 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon, FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555.Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-7956
..
...~
J,
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05-PA-C%-08-62-02-774
CSFA No. 52600308; CFDA No. 97.036
Subgrantee: Clearwater, City of
FIPS No.
103-12875-00
This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to
as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as
the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions:
A. WHEREAS, Tropical Storm Bonnie and Hurricane Charley beginning August 11,2004, and thereafter,
had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation
of emergency by the Governor in Executive Order 04-182. In consequence of the Event, the President of the United
States on August 13, 2004, declared Major Disaster No. FEMA-DR-1539-FL in all counties in the State of Florida.
As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and,
B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency
Management Agency governing the use of such funds requires the State to share the costs eligible for federal
financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHEREAS, The Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein and agrees to comply with all the requirements of this Agreement; and,
D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal
government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon
the terms and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department
has authority to administer federal [mandaI assistance from the Agency consequent to a presidential declaration of
disaster.
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the following:
ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following
meanings unless another meaning is specified elsewhere:
A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. ~ 5121-5201;
44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement dated August 14,2004, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-1539-DR-FL.
ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the fore-going, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal
Emergency Management Agency.
1
. ~
ARTICLE III. Fundinf! and Insurance. Grantee shall provide funds to the Sub grantee for eligible
activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in
the approved Project Worksheets. Allowable costs shall be determined as per 44 c.P.R. Parts 13 and 206.
A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets
may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project
Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy-
five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the
Florida Legislature, the Grantee may provide some portion of any nonfederal share for local government and private
non-profit Subgrantees. As a condition of receipt of the federal funding, the Sub grantee agrees to provide any
nonfederal share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Sub grantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal
Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Sub grantee pursuant
to this Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded
under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate
of such insurance as a condition to funding under this Agreement.
ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under
this Agreement.
A. Sub grantee shall without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.
Sub grantee shall reimburse Grantee without delay for any duplicate benefits Sub grantee may receive from any other
source for any damage identified on the applicable Project Worksheets for which Sub grantee has received payment
from Grantee, to the extent of any such duplication.
B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its
execution of this Agreement the Subgrantee gives Grantee or the ChiefPinancial Officer-Department of Financial
Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Compliance with Environmental. Planninf! and Permittinf! Laws. Subgrantee shall be
responsible for the implementation and completion of the approved projects described in the Project Worksheets in a
manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any
project undertaken by Sub grantee, and any land use permitted by or engaged in by Sub grantee, shall be consistent with
the local government Comprehensive Plan. Sub grantee shall ensure that any development or development order
complies with all applicable planning, permitting and building requirements. Sub grantee shall engage such competent
engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure
that the project complies with the contract documents.
ARTICLE VI. Reauired Documentation. Reviews. and Inspections. Subgrantee shall create and
maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet
sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements.
Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding
under this Agreement, and Sub grantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee,
2
together with any and all accrued interest.
A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for
this declaration is $54,100).
1. A Request for Advance or Reimbursement conforming to the attached sample.
2. A Summary of Documentation Form conforming to the sample attached to this Agreement as
Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like;
3. A request for final inspection;
4. A signed Project Completion and Certification Report upon the completion of all projects; and
5. The Project Completion and Certification Report specified by Paragraph B of this Article.
B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work
was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the
date of completion.
C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large
Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets.
Costs not within the approved scope of work shall not be reimbursed.
ARTICLE VII. Cost Sharin!!. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be seventy-five (75) percent, unless a higher percentage is approved, of such costs and the
nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such
costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share.
Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do
not require matching funds may also be funded by FEMA.
ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency
Management Agency of its approval of the pertinent Project Worksheet.
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Sub grantee has delivered the following documents to Grantee:
1. A Request for Advance or Reimbursement Form conforming to the sample attached to this
Agreement as Attachment A;
2. A Summary of Documentation Form conforming to the sample attached to this Agreement which
shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the
like; and,
3. A letter or notification certifying that the reported costs were incurred in the performance of
eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
3
1. Sub grantee shall demonstrate to Grantee that Sub grantee has procedures in place to ensure that
funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay;
2. Subgrantee shall submit to Grantee the budget supporting the request;
3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Sub grantee shall submit a completed Request for Advance or Reimbursement Form; and,
5. Sub grantee shall pay over to Grantee any interest earned on advances for remittance to the
Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days
after the close of each calendar quarter.
D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the
facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee.
E. In any case in which Sub grantee certifies to Grantee in writing that the restoration of a damaged public
facility to its pre-disaster condition is not in the best interest of the public, Sub grantee may request Grantee and the
Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before
the commencement of any work.
F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this
Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement was improper.
ARTICLE IX. Final Pavrnent. Grantee shall disburse the final payment to Subgrantee upon the
performance of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement;
C. In the case of Large Projects, the Grantee shall have performed the final inspection;
D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or
Grantee shall have performed a final inspection; and,
E. Subgrantee shall have requested fmal reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
performance of all other conditions shall be subject to the following requirements, in addition to such other and further
requirements as may be imposed by operation oflaw:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 C.F.R. Part 13, as amended;
B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-II 0, "Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,"
as amended; and
D. Office of Management and Budget Circular No. A-I22, "Cost Principles for Non-Profit Organizations,"
4
as amended.
E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the
occurrence of the following events, whichever is the later:
in the same; or,
1. The completion of fmal inspection and final audit, and the final resolution of any issues identified
2. The expiration of three (3) years from the date of final disbursement under this Agreement.
F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under
this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days from the date Sub grantee is notified of such
determination.
ARTICLE XII. Audit. Sub grantee shall submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrantee will conduct the audit in accordance with the following requirements:
I. The standards established by the Comptroller General of the United States, as specified in the
General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of S 11.42 Fla. Stat., and the Rules ofthe Auditor General;
4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 US.c. SS
7501-7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Sub grantee
except where Grantee and Subgrantee have mutually agreed upon another date.
D. Sub grantee shall conduct such additional audits as Grantee or the Federal Emergency Management
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Sub
grantee has in place to protect its assets and to ensure compliance with this Agreement.
E. If this Agreement is closed out without an audit, Grantee may recover from Sub grantee any disallowed
costs identified in an audit after such closeout.
ARTICLE XIII. Noncompliance. If the Sub grantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any
disbursement otherwise due Sub grantee for the project with respect to which the violation has occurred until the
5
violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F .R. Parts 7 and 16,
and 44 C.F.R Part 206. Sub grantee shall also be subject to the requirements in the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless
the failure of Sub grantee to close out the project is caused by events beyond its control. A modification extending the
time for completion of the project and any other modification shall be in writing, and shall take effect only upon
execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Sub grantee through Grantee, but the approval of any such modifications shall reside in the sole discretion
of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in
a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be
in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement.
ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the
performance of all conditions under it. Subject to any modification extending the time for the performance of this
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of
emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of
permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the
Sununary of Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement.
Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of
all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later.
The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be
approved for delays caused for lack of cost-share funding. If any extension request is denied, Sub grantee shall be
reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any
project will be adequate cause for the termination of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into
its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from
liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30)
days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the date of the notice of termination.
ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement.
Unless the Sub grantee is a governmental entity covered by g 768.28(5), Fla. Stat., the Subgrantee shall be solely
responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement.
Unless the Sub grantee is a governmental entity within the meaning of the preceding sentence, Sub grantee shall
indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement,
holding Grantee and Sub grantee harmless from the same. Also:
A. For the purpose of this Agreement, the Grantee and Sub grantee agree that neither one is an employee or
agent of the other, nor that each one stands as an independent contractor in relation to the other.
B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third
parties in connection with any matter arising from the performance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
6
are present in quantities within statutory and regulatory limitations, and do not require remedial action under any
federal, state or local legal requirements concerning such substances. Sub grantee further represents that the presence
of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in
accordance with all applicable legal requirements.
ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form conforming to the sample attached as Attachment C. The ftrst Quarterly Report shall be due at such time as
Subgrantee is notifted. All subsequent Quarterly Reports shall be due no later than ftfteen (15) days after each
calendar quarter through ftnal 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 fmal 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
Offtcer.
ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions:
A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and the disbursement to Grantee offederal funding in accordance with ~ 252.37(4),
Fla. Stat.
B. Bills for fees or other compensation for services or expenses must be submitted in detail sufftcient for a
proper pre-audit and post-audit.
C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and
subcontractors to allow public inspection of any records subject to the disclosure requirements in ~ 119.07(1), Fla.
Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement.
Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements
shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination.
D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of
lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any
offtcer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any
modiftcations to this Agreement.
E. Subgrantee certiftes that it possesses the legal authority to receive the funds.
F. Sub grantee 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.
ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall
terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as
specifted elsewhere in this Agreement. Subgrantee shall commence project(s) specifted by this Agreement without
delay.
ARTICLE XXIII. Events of Default. Remedies. and Termination.
A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse
further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence,
Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more
7
such events without waiving the right to exercise such remedies and without incurring liability for further payment.
Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence
of anyone or more of the following:
1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee,
if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate information; or,
4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or
other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
B. Upon the occurrence of anyone or more of the following events, Grantee may at its option give notice in
writing to Sub grantee to cure its failure of performance if such failure may be cured. Upon the failure of Sub grantee
to cure, Grantee may exercise anyone or more of the following remedies: .
1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by
certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect
when delivered to Subgrantee;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment or any portion of a payment otherwise due and
payable under this Agreement or any other Agreement with Sub grantee; and,
4. Take any other remedial actions that may otherwise be available under law.
C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement.
D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within
the meaning of the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any
de obligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in
accordance with the regulations of that Agency.
E. Upon the rescission, suspension or termination of this Agreement, the Sub grantee shall refund to Grantee
all funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Sub grantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
termination of this Agreement by Grantee shall not relieve Sub grantee of liability to Grantee for the restitution of
funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future
disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact
amount of restitution due Grantee from Sub grantee is detennined. In the event the Federal Emergency Management
Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the
Sub grantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee.
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in
the text of the Agreement itself.
8
f . '.
, ..# .",
B. In the event of any inconsistencies between the language ofthis Agreement and the Attachments to it, the
language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
C. This Agreement has the following attachments:
1. Attachment A "Request for Advance or Reimbursement"
2. Attachment B "Summary of Documentation of Expenses Claimed"
3. Attachment C "Quarterly Report Form"
4. Attachment D "Subgrantee Annual Budget Projection Form"
Note: All other grant administrative forms will be provided by Grantee as necessary or posted on
the DEM website: www.floridadisaster.org. The subgrantee may be provided the option of using electronic forms
placed on our Internet based document management system at: http://dcaenterprise.eoconline.org.
ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be
delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
William B. Horne. II
City Manager
112 S. Osceola Ave. Third Floor
Clearwater. FL 33756
ARTICLE XXVI. Deshmation of Ag:ent. Subgrantee hereby designates William B. Horne, II
as its primary agent, and designates William Vola as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, or other necessary documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State of Florida, By:
ached City
Signature Page)
W. Craig Fugate, Director
Division of Emergency M
(N
/2JI-~f
Mayor
(Title)
WOV- fQ -0 If
(Date)sq,... fo 000 _ Q <(q
Federal Employer Identification Number (FEIN)
(Date)
Public Assistance Program
Program
9
Signature Page for City of Clearwater
Disaster Relief Funding Agreement with
State of Florida Department of Community Affairs
Agreement No. 05-PA-C%-08-62-02-774
CITY OF CLEARWATER, FLORIDA
By: '1'f1"~~JI.--:u:
~ B. Horne"
City Manager
Attest:
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT A
Request (or Advance or Reimbursement for Public Assistance Funds
SUB GRANTEE NAME:
DEC NO:
ADDRESS:
FIPS NO:
PAYMENT NO:
DCA AGREEMENT NO:
DSR DCA USE ONLY
ELIGffiLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
PORPAYMBNT COMMIINTS
PWN
CATEGORY
% COMPLETE_
PWN
CATEGORY
% COMPLETE_
PW#
CATEGORY
% COMPLETB_ .
PW#
CATEGORY
%COMPLETE_
PW#
CATEGORY
% COMPLETB_
TOTAL CURRENT REQUEST $
i certifY that to the best of my knowledge and belief the above accounts are comet and that all disbursements were made in accordance with all
conditions of the DCA agreement and payment is due and has not ba:n previously requested for these amounts.
SUB GRANTEE SIGNATURE:
NAME AND TITLE:
DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
APPROVED FOR PAYMENT S
ADMINISTRATIVE COST $
GOVERNORDS AUTIfORlZED REPRESENTATIVE
TOTAL PAYMENT
$
DATE
10
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENTB
SliMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGmLE DISASTER WORK (SOD)
Date:
Subgrantee:
Disaster #:
FIPS#:
Project Worksheet (PW) #(s):
Applicant's Reference . Delivery Date of DOCUMENTATION Applicant
(Wananl, Voucher, Claim or articles or List Documenlallon (App/1canI Payrall, matertal out of applicant stock, applicant-owned Eligible Costs
Schedule ') performance of equipment and name of vendor or c:onIrlIcIor) by category and line Item in the approved ($iS)
services. project appIlcallon and give a brief cIescrIptlon of the artlc:les or services.
. Paoe Subtotal
Current Expenditure Request (All Pages)
Total PN Amounts for all Aooroved Versions
Over or Under Run (Final SOD OnlvJ
UPDATED: April 17,2003
Page_of_Page~
11
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUBGRANTEE QUARTERLY REPORT FORM
ATTACHMENT C
Subgrantee:
FIPS:
Disaster No. FEMA-
-DR-FL
Representative:
Phone: ( )
State Grants Manager:
Quarterly Report Period: _Jan-Mar _ Apr-Jun _ JuI-Sep _ Oct-Dec
Date Submitted:
Project Category Anticipated Percent StatuslRemarksb .
Worksheet Completion Complete.
Nwnber & Date
Version( s)
a Reflects work completed on tlie physical project. Information is required for FEMA Quarterly Reporting by the Grantee.
b Utilize this to report potential delays, over/undenuns, etc. .
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUBGRANTEE ANNUAL BUDGET PROJECfION FORM
ATTACHMENT D
Subgrantee:
FIPS:
Disaster No. FEMA-
-DR-FL
Representative:
Phone: ( )
State Grants Manager:
State Fiscal Year:
Date Submitted:
Project Category Anticipated Percent Status/RernarkScf Jul-Sep Oct-Dee Ian-Mar Apr-llUl
Worksheet Completion Complete~
Number & Date (Year) (Year) (Year) (Year)
Version(s)
e Reflects work completed on the physical project to date. Information required for the State's Fiscal Year Budget Projections. Due six months prior to the
commencement of the new State's Fiscal Year.
d Utilize this to report potential delays, over/undenuns. Failure to accurately project quarterly needs may affect the availability of funds in a quarter, which is
the basis oflegislative requests for state match fundin8 and federal pass through authority.
~.
RESOLUTION NO. 04.32
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A
DISASTER RELIEF FUNDING AGREEMENT WITH THE
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY
AFFAIRS, AND DESIGNATING THE CITY MANAGER AS
THE PRIMARY AGENT AND THE EMERGENCY
MANAGER AS THE ALTERNATE AGENT TO EXECUTE
ANY REQUEST FOR ADVANCE OR REIMBURSEMENT
OF PUBLIC ASSISTANCE FUNDS MADE AVAILABLE TO
MUNICIPALITIES CONSEQUENT TO THE DAMAGES AND
LOSSES' SUSTAINED AS A RESULT OF TROPICAL
STORM BONNIE AND HURRICANES ,CHARLEY,
FRANCES, IVAN, AND JEANNE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tropical Storm Bonnie, Hurricane Charley, Hurricane Frances,
Hurricane Ivan, and Hurricane Jeanne beginning August 11, 2004,and thereafter, had a
devastating impact upon the State of Florida. The severity of damage and losses
resulted in a proclamation of emergency by the Governor. In consequence of the Event,
the President of the United States on August 13, 2004, declared Major Disaster in all
counties in the State of Florida. As a result, the Public Assistance Program was made
available to eligible applicants in these Declared counties; and
WHEREAS, a FEMA-State Agreement between the State of Florida a,nd the
Federal Emergency Management Agency governing the use of such funds requires the
. State to share the costs eligible for federal financial assist~nce, and the state has
undertaken to share those costs, as appropriated, with its Subgrantees, the Political
Subdivisions of the State, pursuant to a Disaster Relief Funding Agreement; and
WHEREAS, the State of Florida, Department of Community Affairs, requires that
the municipalities/Subgrantees execute a Disaster Relief Funding Agreement with the
State, a provision of which requires the City CouncH to designate a Primary Agent and
an Alternate Agent to execute requests for advance reimbursements, certifications, and
other necessary documentation on its behalf; now, therefore,
BE IT RESOLveD BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The Mayor is hereby authorized to execute Disaster Relief Funding
Agreements with the State of Florida, Department of Community Affairs, and the City
Manager is hereby designated as the primary agent and the Emergency Manager is
hereby designated as the altemate agent to execute any Request for Advance or
Reimbursement for Public Assistance Funds. made available to municipalities
Resolution No. 04-32
~
consequent to the damages and losses sustained as a result of Tropical Storm Bonnie
and Hurricanes Charley. Frances. Ivan. and Jeanne.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7th
A. ~r~ved as to form:.
. {.<rt lJd
Rob Surette
Assistant City Attorney
Attest:
J~1JdUHLltu' ~,.. -~ ~ (!b,U
fit Cynthia E. Goudeau .
City Clerk .
2
Resolution No. 04-32