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Item D24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 19, 2005 Division: Manaqement Services Bulk Item: Yes [:gJ No 0 Department: Administrative Services Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of Disaster Relief Fundinq Aqreement with State of Florida, Department of Community Affairs for expenses related to Hurricane Katrina. ITEM BACKGROUND: Monroe County has incurred expenses as results of emerqency preparation, debris removal, damaqe to buildinqs and facilities, etc, Some reimbursement is at 100%; other reimbursement requires County match. PREVIOUS RELEVANT BOCC ACTION: none. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: approval TOTAL COST: initial estimate is 2.7 million BUDGETED: Yes [:gJ No 0 COST TO COUNTY: approx. 338,000.00 SOURCE OF FUNDS: ad valorem taxes REVENUE PRODUCING: Yes 0 No [:gJ AMOUNT PER\MONTH (,\f\ J YEAR APPROVED BY: COUNTY ATTY.OMB/PURCHASING~ RISK MANAGEMEN~4~' DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDED: [:gJ NOT REQUIRED: 0 DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida, Dept. of Community Affairs Effeetive Date: upon execution by both parties Expiration Date: approval of closeout by FEMA Contract Purpose/Description: A.brreement to provide reimbursement of expenses related to Hurricane Contract Manager: David P. Owens (Name) 4482 (Ext.) Administrative Services (Department) for BOCC meeting on 10/19/05 Agenda Deadline: 10/04/05 CONTRACT COSTS Total Dollar Value of Contract: appr $2.7 million Clment Year Portion: to be determined Budgeted? Yes No XX Account Codes: 125-0459102-XXXXXX Grant: approx. $2,362,500.00 County Match: approx. $337,500.00 Estimated Ongoing Costs: $0.00 (Not included in dollar value above) ADDITIONAL COSTS For: (eg, Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Date In Needed YesD N oUJ//" Date Out Ri~Managemen~#/c'; , O.M.B./PurchasiJg~ County Attorney Comments: OMB Fon11 Revised 9/11/95 Mep #2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" fEB BUSH Covernor THADDEUS L COHEN, AlA Secreta ry MEMORANDUM TO: All Sub-grantees for Public Assistance Disaster Relief Funding VIA: Frank J. Koutnik Deputy State Coordinating Of Ticer for Recovery FROM: Gary Freerksen Acting State Public Assistance Officer DATE: September 22,2005 SUBJECT: Disaster Relief Funding Agreement Enclosed is the original Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Katrina FEMA-1602-DR-FL. The funding agreement will provide funds for eligible disaster relief activities specifically described in approved Project Worksheets (PWs). Please print or type the name and title of the authorized agent with the address where the State is to submit official notices and payments under the Agreement on page 9, Article XXV, Notice and Contact. The authorized agent (also referred to as the Primary Agent) is the person responsible for signing all official documentation sent to us (request for payment, time extension requests, certification of Project Listings, etc.) and ensuring documentation is available for Final Inspection and audit. Enter the Authorized Agent again and designate an Alternate Agent in Article XXVI, Designation of Agent, also on page 9. See attached sample of page 9. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850,488,8466/Suncom 278,8466 FAX: 850,921,0781/Suncom 291,0781 Internet address: hUp //www.dca.state.fl.lIs C1IITlCAL STATE CONCERN fiELD OffiCE 2796 Overseas Highway, Suite 212 1\,1drdthon, FL ,UOSO~2227 13(5) 2il').2402 COMMUNITY PLANNING ShUfl1drd (hk 130ulevard falldha5see, FL 32Jl)c)-21 00 UlSOI 41l1l-23 ')6 EMERGENCY MANAGEMENT Shul1ldrd ()ak Boulevard Fr 32399.2100 (1350) 413-9969 fLORIDA LONG TERM RECOVERY OfFICE 100 Sun port Lane Orl;mclo, FL 321109 (407) 13')1l-'1946 FEMA.1602-DR-FL -- and Hun-icanc Katrina MEMORANDUM Page Two Signature Authority: The person signing the Agreement should be the chief executive oflicial for your organization: Mayor for cities and towns; Chairman of the Board of County Commissioners for counties; Chief Executive Officer of private nonprofit organizations; Agency Head or Secretary of State Departments. Please submit documentation verifying signature authority for all others. Documentation stating delegation of authority should be one of the appropriate examples listed below: 1. For counties, a board resolution or meeting minutes confirming the signature authority. 2. For cities, a city commission resolution, meeting minutes, or a copy of the page(s) from the city chmier authorizing the signature. 3. For private nonprofit organizations, a copy of the page trom your charter specifying the position authorized to sign contracts, a board resolution or meeting minutes authorizing signature. 4. For state agencies delegation of authority signed by the Secretary or Agency Head. The State of Florida Public Assistance Office is managing the CUlTent disasters in Orlando, Florida at the Florida Long Teml Recovery Office. Please forward the completed Agreement for Hurricane Katrina, FEMA-1602-DR-FL excluding all attachments to: Florida Long Term Recovery Office 100 Sunport Lane Sunport Center Orlando, Florida 32809 ATTN: Gary Freerksen, Public Assistance Should you have any questions or need further information, please feel free to contact our Applicant Support Team, at (407) 858-2828or via e-mail at admin(2i)f10ridapa.org. FK/GF Ive Enclosures FEMA-1602-DR-FL -- and Hurricanc Katrina STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 06-KT-B&-11-54-01-516 CFDA No. 97.036 Subgrantee: Monroe County FIPS No. 087-99087-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee" and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations, or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Katrina the event beginning August 24,2005, and thereal1er, 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 05-176, I n consequence of the Event, the President of the United States on August 28, 2005, declared Major Disaster No. FEMA-DR-1602-FL in Bay, Broward, Escambia, Gulf, Miami-Dade, Monroe, Okaloosa, Santa Rosa, and Walton counties in the State of Florida. Additional counties may be added to the declaration later. 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 financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disastcr. 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 by Public Law 100- 707; 44 Code of Federal Regulations Part 206.36; and applicable policies of the Federal Emergency Management Agency, B. "FEMA-State Agreement" is the agreement dated August 28,2005, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1602-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 foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the policies of the Federal Emergency Management Agency, ARTICLE III. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13 and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Cirantee may provide some portion of any non federal share for some subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication, B, In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial Services of the State 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, Planning and Permitting Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for 2 any project undertaken by Subgrantee, and any land use permitted by 0.1' engaged in by Subgrantee, shall be cansistent with the lacal gavernment Camprehensive Plan. Subgrantee shall ensure that any develapment or develapment arder camplies with all applicable planning, permitting and building requirements. Subgrantee shall engage such campetent engineering, building, and ather technical and professianal assistance at all project sites as may be needed to. ensure that the praject camplies with the cantract dacuments. ARTICLE VI. ReQuired Documentation, Reviews, and Inspections. Subgrantee shall create and maintain dacumentatian afwark performed and casts incurred an each project identified in a Praject Warksheet sufficient to. permit a farmal audit camparting with ardinary, custamary and prudent public accaunting requirements. Upan the failure af Subgrantee to. create and maintain such dacumentatian, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to. Grantee all payments disbursed earlier to. Subgrantee, tagether with any and all accrued interest. A, Subgrantee shall submit the fallawing dacumentatian for Large Prajects (the Large Project threshald far this declaratian is $55,500), which can be faund at www.flaridapa,arg I. Request fur Reimbursement 2, A Summary af Dacumentatian, which shall be supparted by original dacuments such as can tract dacuments, invaices, purchase arders, and change arders; 3, A request for final inspectian; 4, A signed Project Campletian and Certificatian Repart upan the campletian af all prajects; and 5. The Pro.ject Campletian and Certificatian Repart specified by Paragraph B afthis Article. B. For all prajects, Subgrantee shall state an the "Praject Campletian and Certificatian Repart" that all wark was perfarmed in accardance with this Agreement and the requirements in each Praject Worksheet, and shall state the date af campletian. C. Grantee will inspect Small Projects by randam selectian, and will conduct the final inspectio.ns o.n Large Projects, to. ensure that all wark has been perfurmed within the scape afwark specified an the Project Warksheets. Casts nat within the appraved scape afwark shallnat be reimbursed. ARTICLE VII. Cost Sharing, The federal share afthe eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent af such casts, unless a higher percentage is appraved, ef such casts and the nanfederal share shall be the remaining amaunt. Payment af all 0.1' a specified partian afthe nanfederal share of such casts is cantin gent upan a patential future State appropriatian defining the appartianment afthe nanfederal share. Administrative casts in additian to the Pro.ject Worksheets that are atherwise eligible under 44 Cade af Federal Regulatians Part 206,36 and do. nat require matching funds may also. be funded by FEMA, ARTICLE VIII. Payment of Costs, Grantee shall disburse the eligible casts to. Subgrantee in accordance with the fullawing pracedures, A. Grantee shall disburse the federal and nanfederal shares afthe eligible casts far Small Projects to. Subgrantee as saan as practicable after execution afthis Agreement and farmalnotification by the Federal Emergency Management Agency afits appraval afthe pertinent Project Warksheet. B, Grantee shall reimburse Subgrantee fur the federal and nanfederal shares of the eligible costs fur Large Prajects as soon as practicable after Subgrantee has delivered the following documents to Grantee: I. A Request for Reimbursement found at www.floridapa.org 2, A Summary afDacumentation shall be supported by ariginal documents such as contract documents, invoices, purchase arders, and change arders and is also available at www.tloridapa.org:; and, 3 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 Agreemcnt to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: I, Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statementjustifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms which is also available at www.floridapa.org; and, 5, Subgrantee shall pay over to Grantee any interest earned on advances f(}f 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 Code of Federal Regulations Pali 206.36 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its pre-disaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 Code of Federal Regulations Part 206,36 before the commencemcnt of any work. F, Grantee may, in its discretion, withhold its portion ofthe nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergcncy Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. 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 CJrantee, or Grantee shall have perf(}fmed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance, The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 Code of Federal Regulations Part 13, as amended; 4 B. Officc of Management and Budget Circular No, A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-I] 0, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions ofl-ligher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Omce of Management and Budget Circular No, A- I 22, "Cost Principles fOT Non-Profit Organizations," 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: I. 'rhe completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2, The expiration of five (5) years from the date of disaster closeout under this Agreement. F, Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General ofthe United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5 :00 p,m. on weekdays other than official holidays, ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination, ARTICLE XII. Audit. Subgrantee 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, ,lS 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 I 1.42, Florida Statute, and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub, L. 98-502, as amended, 31 U,S.c. 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. Ifthe 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 alter the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date, D, Subgrantee shall conduct such additional audits as Cirantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agrecment. 5 E, I l' this Agreement is closed out without an audit, Grantee may recover fi'OlTI Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per AI1icles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206,36, Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 Code of Federal Regulations Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project. I l' 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 completion of emergency work shall be six (6) months from the date of the Presidential Declaration, The time for the completion of permanent work shall be eighteen ( 18) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supp0l1ing documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date ofthe last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to CJrantee 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 ofthis Agreement may be extended for cause by CJrantee. Extensions shall not be approved for delays caused by lack of cost-share funding, If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely 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) 6 days after the date of sueh notice. Such termination shall not affeet 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. Liability. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by ~ 768.28(5), Florida Statute, the Subgrantee shall be solely responsible to any and all contraetors, vendors, and other parties with whom it contracts in performing this Agreement Unless the Subgrantee is a governmental entity within the meaning of the preceding sentenee, Subgrantee shall indemnify Grantee fl'om claims asserted by third parties in connection with the performance of this Agreement, holding Clrantee and Subgrantee harmless from the same. Also: A, For the purpose of this Agreement, the Clrantee and Subgrantee agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor 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 ofthis Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances, Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements, ARTICLE XX. RelJOrts. Subgrantee shall provide Quarterly Reports to Clrantee, on the Quarterly Report Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Rep0l1s shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Clrantee based on information supplied in the Quarterly Reports, Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable, With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. 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 is subject to any modification in accordance with Chapter 216, Fla. Stat., and the disbursement to Grantee of federal funding in accordanee with ~ 252,37(4), Fla, Stat. B, Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a propeT pre-audit and post-audit C. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla,Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. D, Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. 7 E, Subgrantee certifies that it possesses the legal authority to reeeive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination offunding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements, G. I f otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112,061. Fla, Stat H. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 USe. Section I 324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN')]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.e. Section 1210 I et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications, K, With respect to any Subgrantee which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the best of its knowledge and belief~ that it and its principals: I, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2, have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any oftenses enumerated in paragraph 20(h)2, of this certification; and 4, have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Subgrantee is unable to certify to any of the statements in this certification, such Subgrantee shall attach an explanation to this Agreement In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment II) for each prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor. 8 L. '['he validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference, The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. M This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County, If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: I, No Federal appropTiated 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 any 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 complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this celiification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifY and disclose accordingly. This certification is a material representation of filct upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE XXII. 'J'erm, 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 specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXIII. Events of Default, Remedies, and Termination, A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse fllrther 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 such events without waiving the right to exercise such remedies and without incurring liability lor further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: I. 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 f~lshion, 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 9 effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, ifSubgrantee 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 f~lilure 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 any one or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance ifsuch f~lilure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise anyone or more of the following remedies: I, 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 ofthis Agreement, such notice to take effect when delivered to Subgrantee; 2, Commence a legal action for thejudicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4, Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fhct, for fhilure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations ofthat Agency. E, Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F, The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall I ie 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 Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. 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. I fthe Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 10 Monroe Board of Disaster II: 1602 ARTICLE XXIV. Attachments. A, All attachments to this Agreement ifany are incorporated into this Agreement by reference as ifset out fully in the text ofthe Agreement itself. B, In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any. the language of the Attachments shall be controlling, but only to the extent of such inconsistencies, Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website: www,tloridapa.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 f()lIowing 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 SlJBGRANTEE: David P. Owens Grants Admin. t1()P-,!"_Q.~_~ll_Il:t:Y13_QS:;_~____ , llQOSimo n t QJ1_St:r~~.t__ KayWest~_F-L__33D4D ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates_?C3.\T~~_~_'__~\\7=Il~ as its primary agent, and designates Salvatore R.___ZappullC! 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 SlJBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: Dixie M.~p~b:.Cl:I" (Printed Name) W. Craig Fugate, Director Division of Emergency Management (Signed Name) Mayor (Title) (Date) Public Assistance PrOgr'!Dl_.____ (Date) Federal Employer Identification Number (FEIN) 11 Please Note: The attached forms, pages 10 through 15 are not to be returned with the signed contract. These forms are for future reimbursement. INSTRUCTIONS FOR PAGE 9 ARTICLE XXIV. Attachments. A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the A~ta hments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistenci~ C. This Agreement has the following attachments: 1. Attachment A "Request for Advance" ~ 2. Attachment B "Summary of Projected Expenditures" 2. Attachment C "Request for Reimbursement" 2. Attachment D "Summary of Documentati of en~la 3. Attachment E "Quarterly Report F " 4. Attachment F "Subgrante ual ud e ARTICLE XXV. Notice delivered by Internet, by telefacsimil 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: John Doe Mayor City of Clearwater 123 4th Street Anywhere. Florida 12345 (Authorized Agent) (Authorized Agent's TitW (Subgrantee's Name) (Complete Address) (City. State. Zip Code) ARTICLE XXVI. Desil!nation of kent. Subgrantee hereby designates John Doe as its primary agent, and designates Marv Smith 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: (Suhgrantee) ;7~ ,t)~ (Name) (Signature of Authorized Agent) W. Craig Fugate, Director Division of Emergency Management Mavor (Title) (Date) Public Assistance Program Program (Date) 59-0000000 Federal Employer Identification Number (FEIN) 9 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT A Request for Advance for Public Assistance Funds SUBGRANTEE NAME: ADDRESS: DCA AGREEMENT NO: DISASTER NO: FIPS NO: PW PREVIOUS PW # CATEGORY % COMPLETE ELIGIBLE PA YMENTS CURRENT REQUEST AMOUNT - ... ..~- -"'-~-----,~"" --~-,---""- -_. --------,- ",,- -- -- -~-,_. -- -~-,-""""--,--------- --'~"'_.~,--"~~,~"''''~- ""-- --~-"~-,,-,--,---""~""'- .. --"" I ... ---"" --- . ----.. TOTAL CURRENT REQUEST COMMENTS: -""-'''''-_._---~,~ """_._-----------""'~,~ -""""-"---,------~,--,- -"~"---'--'~~'--"--"-'---~"'-"'-,-,--"-"~""'-~------'-'-,~._-------- I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested illr these amounts, SUBGRANTEE SIGNATURE: NAME AND TITLE: DATE: FEMA-1595-DR.FL 10 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT B SCHEDULE OF PRO.JECTED EXPENDITURES FOR ELIGIBLE DISASTER WORK (SOPE) Date: FIPS#: Disaster#: Project Worksheet (PW)#: Estimated Delivery Dates of Payee/Contractor Brief Description of the articles or services Estimated articles or performance of Eligible Costs services within 90 days ($$$) Paqe Subtotal Current Advance Request (All Pages) Total PW Amount II FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT C Request for Reimbursement for Public Assistance Funds SUBGRANTEE NAME: ADDRESS: DCA AGREEMENT NO: DISASTER NO: FIPS NO: ~ "---~- PW PREVIOUS PW # CATEGORY %) COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST AMOUNT 1---, ---~--- '-'-'- '---.-------,-- --,,---,,_.._------------ ----------- --,.,----~--,--,--------------- --,-,-----.--~" "--- ---.....- -- - ... ------ ----"--- ~_._---"',._- ------ -~,-,~-".,-- -.- .- -'- "---~- e----- TOTAL CURRENT REQUEST COMMENTS: I certify that to the best of illY knowledge and belieCthe above accounts are conect and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested Cor these amounts, SUBGRANTEE SIGNA'fURE: FEMA- I 595.DR.FI, 12 NAME AND TITLE: DATE: FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT D SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD) Date: FIPS#: Subgrantee: Disaster#: Project Worksheet (PW)#(s): Applicant's Reference # Delivery Date of DOCUMENT A TION Applicant (Warrant, Voucher, Claim or articles or List Documentation (Applicant payroll, material out of applicant stock, applicant-owned Eligible Costs Schedule #) performance of equipment and name of vendor or contractor) by category and line item in the approved ($$$) services project application and give a brief description of the articles or services, Paqe Subtotal Current Expenditure Request (All Paqes) Total PW Amounts for all Approved Versions Over or Under Run (Final SOD Onlv) 13 iJJ ~ - < ~~..... ~c ~Z <~~ ~~r;-. t:o~ Z<o ;::;Jz~ ~<~ ~~ r..l O~~f-< UUQ2~ ~Z~~ O~r;-.::t: r;-.o~u z~<~ ~~;:::Jf-< ~ ~ Qi~ r;-.~~ ~~~ <Or;-. ~zz ~O< ~-~ <f!lo ~>Q:l --;:::J ~~iJJ o ....:l ~ .....1 ~ ~ Q I <2 :::E III ~ o Z .... 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