HomeMy WebLinkAbout2000-006�J
�—J
dab
STATE OF FLORIDA
ULPARTMENT OF COMMUNITY AFFAIRS
'Dedicated to making Florida a better place to call home'
STEVEN M. SUBMIT
)m BUSH Se.owY
r',rrrrrrwM
February 3, NMI
FEMA-1306-L)R-FI,
P.A. 11) #061-99061.00
Mr. James Chandler t,
Indian River County RECEIVED
r1i C C � � CC O % ,
1840 25'h Street
Vero licach, Florida 32960 FEB 5 Z�f1D
CLLHK 10 flit: BOARD
4J I)car Mr, Chandlcr:
1:nclosed isit copy of the Disaster Relief Funding Agreement #0(.)•RM-aa-10-40-01-011
executed by th:: Department of Community Affairs and Indian River County. This funding;
agreement provides funds for eligible disaster relief activitie-, specifically described in the
approved Project Worksheets.
Payment of large projects will be made on a cash reimbursable basis, subject to receipt of
a "Request I -or Reimbursement (R FR)" form and a summary of documentation of expenditures
by i)SRs. In accordance with paragraph 9 r,f the Disaster Funding Agreement, when all %York
has been completed on all project(s), a completed and signed Project listing (11.4) and other
required documentation should be- returned to this office. The State share withheld from all
projects will be provided upon receipt of the Project Listing and other required documentation.
Accurate records of disaster costs must be maintained for three (3) years from the date of
final r1yment.
Should you disagree with the Federal Emergency Management Agency's (FEMA)
decision, you have the right to appeal in accordance with the Code of Federal Regulations Title
44 CFR, Section 206.206, which states that the Subgrantee may appeal any determination made
relating to federal assistance. Appeals must be in writing and submitted to this office within
sixty (60) days from receipt of this notice.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: hitp://www.dca.state.fl.us
FLORIDA KEYS
Area .11Cli kal State Co em Field Office
2796 Oveneu Highway, Suite 212
Marathon, Hwida 338542227
L)
l .
Mr, James Chandler
February 3, 2000
Page '1'wo
If you have any questions or need further information, pleau call your Grant Manager,
Susan Fleischer, at (850) 487-0761 or John Tatum, Grants Specialist Supervise r at
(850) 487-20:32.
Sincerely,
Wvernar's A A t
hurired {teprtaentative
JFM/SC;/sf
Hnclosurc
r
4b
DISASTER RELIEF FUNDING AGREEMENT
DCA AGRE120M No. QQ-RM-aa-10-4Q_01-417
FEMA PROJECT APPLICATION NO. 061-99061-00
This Agreement .is between the State of Florida, Department
of Community Affairs (Grantee) and, Indian River County
(Subgrantee). This Agreement is based on the existence of the
following conditions:
Hurricane Irene caused severe floodin<I and other extreme
weather canditiona b«-giiining r)n October 14, 1999 and continuing
until October 24, 1997 which have had a devastating impact upon
the State of Florida.
Because of the danger posed by Hurricane Irene to the State
of. Florida, the Governor issued Executive Order No. 99-258, in
which he declared an emergency due to Ilurricane Irene.
At the request of the Governor, the President. of the United
States declared Hurricane Irene a Major Disaster Declaration in
FEMA -1:906 -UR -Fl, on October 20, 1999 and later approved Public
AsE;istance effective on October 22, 1999 for the counties of
Brevard, Broward, Indian River, Martin, Miami -Dade, Monroe,
Okeechobee, Palm Beach, and St. Lucie. Flagler and Volusia
counties were added to the Major Disaster Declaration for Public
Assistance eftective October 28, 1999.
The Agreement- between the State of Florida and the Federal
Emergency Management Agency, governing the use of such funds,
requires the State to sharp the costs eligible for federal
assistance.
Ell
40
C7
Chapter 99-2.26, Fla. Laws, in Specific Appropriation No.
1122, provides that Federal disaster assistance matching
requirements Shall be shared equally between the State and its
subgrantees.
Sections 252.35, 252.36, 252.37, and 252.38 Florida
Statutes, authorize the relationship described in this Agreement.
Based upon the existence of the foregoing conditions the
parties agree to the following:
1. DEFINITIONS: As used in this Agreement, tht- tollowin,l
terms shall have the following meanings unless oth-:iwise
specified:
a. "Eligible disaster relief activities", as used in
this Agreement, means those activities authorized in the FEMA -
State Agreement, as defined herein below; Public Law 93-288, as
amended by Public Law .100-707 (hereinafter the "Stafford Act");
Title 44 CFR, Part 206, and applicable Federal Emergency
Management- Agency or State guidance documents.
b. "FEMA -State Agreement" shall mean that agreement
between FRMA and the State of Florida, for Hurricane Irene,
FEMA -3.306 -DR -FL and all modifications thereto.
c. "Large Project" and "Small Project" shall be defined
as indicated in 44 CFR 206.203(r.).
d. Parmanent Work" shall be defined as in 44 CFR
2.06 .203. (q) .
e."Emergency Work" Shall be defined as in 44 CFR
206.201(b).
Page: 2 FEMA -1366 -DR -FL
f. *Project" shall be defined as in 44CFR 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, regulations, guidance
and handbooks, including but not limited to those identified in
Attachments A and C, and th-: pertinent. implementing regulations
and guidance.
3. FUMING and INSDRANCY: The Grantee shall provide funds to
the Subgrantee for eligible emergency assistance activities for
the projects approved by the: Grantee and FEM,A, specifically
described in the Project Worksheet(S) (PW[s)). Allowable costs
shall be determined in accordance with 44 CFR. 5206 and 44 CFR
Part 13, and pertirient FEMA guidance documents. Approved PWs
shall be transmitted to the Subgrantee and shall cumulatively
document the specific amount of funding provided, and the
applicable scopes) of eligible work and eligible costs, under
this Agreement. PWs may obligate, or deobligate funding, thereby
revising the total. amount of authorized funding. PWs document
the total eligible costs and the total Federal share of 75% for
all eligible emergency work costs. Contingent upon an
appropriation by the Florida Legislature, the Grantee agrees to
provide one-half of any non-Ferinra:l share (12M- nf total el.ig'hl e
costs). As a condition of receipt of this funding, and
contingent- upon an appropriation by the Florida Leaislature where
required, the Subgrantee similarly agrees to provide one-half of
any non -Federal share (12%% of total eligible costs).
Page 3 FEMA -1306 -DR -F1.
db
U
M.
•
O
Subgrantee agrees that the Grantee is authorized to withhold
funds otherwise payable to Subgrantee, from any agreement
administered by the Grantee, upon a determination by the Grantee
or. FE A, or any auditor, that funds have been provided to
Subgrantee pursuant to this Agreement, or any other disaster
relief funding agreement administered by the Grantee, in excess
of eligible costs.
The final payment of funds will be made only after project
completion, rubmif3siorl of: all required documentation, final
inspection, and a r.+_qu6:vt, for final reimbursement .
All categories of work (Category A through G) are eligible
for reimbursement under this agreement.
4. DUPLICATION OF BENEFITS PROH181TION: in accG7dance with
the provisions of. Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Subgrantee shall notify the Grantee,
as noon as practicable, of the existence of any insurance
coverage for the damage identified on the PW, and of any
enti.'lement or recovery to payments from any other source, for
the projects described in the PW(s). Eligible costs shall be
reduced by the amount cif clilpl i...l tc. t011i: <:E'.r3 -Z.va li biu . '1Iv-1
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
Page 4
FEMA -1306 -DR -FL
1i
0
0
Grantee any duplication of benefits payment received by the
Subgrantee. In the event the Grantee determines a duplication of
benefits has occurred, the Subgrantee hereby authorizes the
Grantee or the Comptroller of the State of Florida to take offset
action against any other available funding due the Subgrantee.
The Comptroller is authorized to pay such offset to the Grantee
upon written notice from the Grantee.
5. CoMpLIMCS WITH ZIMROIUMTAL, PLANNING AND PBRMITTING
LAWS: The Subgrantee shall be responsible for implementation and
completion of the approved projects described in the PW(s) in a
manner satisfactory to the Grantee, and in accordance with
applicable federal, state, and local statutes, regulations,
plans, and policies. Any development authorized by, any
development order issued by, any permit issued by, or any
development activity undertaken by, the Subgrantee, and any land
use permitted by or engaged in by the Subgrantee, shall be
consistent with the local comprehensive plan and land development
reyul,iLluuu: k1tr:[.aLe,C.'i :iiia .adopted pul suaiiL to Ch-pLU IG3, milt
II, Florida Statutes. Fundn shall be expended for, and
development activities and land uses authorized for, only those
uses which are permitted under the comprehensive plan and land
rlc=velcptilLnt uyulations. The Subgvaritee Shall b(= responsible for
ensuring that any development permit issued and any development
activity or land use undertaken ILL;, wiled, applicable, also
authorized by the pertinent Water Management District, the
Florida Department of Environmental Protection, the Florida
Page 5 FEMA -1306 -DR -FL
•
•
Department of Health, and any Federal, State or local
environmental or land use authority, where required.
In addition, Subgrantee shall comply with other federal and
state environmental laws, statutes, regulations, and guidance
including, but are not limited to, those identified in
Attachments A and C.
Subgrantee further agrees to provide and maintain competent
and adequate engineering or other supervision at all construction
or work sites to ensure that the complete work ccnforms with the
approved plans, specifications, and scope of work.
6. RRQUIRRD DOCUMENTATION; RZVIRW/INSPBCCION-. The Subgrantee
shall create and maintain acceptable documentation of work
performed arid costs incurred with respect to each project
identified in connection with a PW. Failure to create and
maintain proper docum,�-ntation will result in the disallowance of
funding, and require the refund of funds previously reimbursed or
advanced, including an interest penalty. For all barge projects,
the Subgrantee shall submit; (a) a requctst: for reimnurnemenL of
actual costs (see Attachment D); (b) a summary of Documentation
(See Attachment E) which shall be supported by, but not attached,
all appropriate backup documentation (e.g. invoices, canceled
checks, daily activity reports, payroll records, time sheets,
executed contracts, receipts, purchase orders, billing
statements, etc.); and (c) a request for a final inspection. For
all projects the Subgrantee shall certify, on the P.4 Project
Listing, that all. wnrk :and cots claimed are eligible in
Page 6 FENIA-1306-DR-FL
4D
i
J
accordance with the Grant conditions, that all work claimed has
been completed, and all costs claimed have been paid in full.
The Subgrantee shall also enter the date the work was completed
and the amount claimed for each PW on the Project Listing. The
Grantee will inspect.. Small Projects on a random basis. The
Grantee will nchedule and perform th,3 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 delineatif-I on the PW(s). Costs of any work riot
performed within the approvFl scope of work shall not be eligible
for. funding.
7. COST SEARING: The disaster relief funds for eligible
costs indicated on the PW(s) and described in this Agreement
shall be shared in accordance with the cost sharing provisions
established in the Stafford Act, the FEMA -State Agreement, and
Chapter 99-2.26, haws of Florida, Specific Appropriation 1122.
PW(s) document: the- total eligible cores arid the total Federal
share (75%) of: those costs. The Grantee agrees to provide one-
half of the non -Federal share (1215% of total eligible costs).
As a condition of receipt of this funding, the Subgrantee
similarly agrees to provide one-half of the non-federal share
(12M% of total eligible costs). Administrative costs which
according to the schedule are in addition to and not part of the
PW(s) eligible costs, and are otherwise eligible under 44 CFR
206.228 and involve no required match, will be funded by FEMA.
Pape 7
FF,h1A-1306-DRd1.
•
•
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 and
receipt: from FEMA of the pertinent approved PW(s).
b. Large Prcject_n: The payments for Large Projects will
be on a cost reimbursement_ basis and subject to receipt of the
following: (1) a Request: For Adv.ince or Reimbursement Form (S,?e
Attachment D); (i) a Summary of Docurrentation Form, (See
Attachment E) listing the 11W number, identifying th-i audit ready
documentation that exists to support.. the payment request,
identifying the dollar amounts of each�!I,igibl.f- 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, at the discretion of
the c4rantee, be paid an advance of funds, provided that the
Subgrantee: (1) demonstrates and maintainn 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
Page 8 FEMA -1306 -DR -FL
CI
40
(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
rnakr. improvements, but st.i1L restore the pre -disaster function of
the darrraged facility in accord -inch with 44 CFR 206.203, the
Subgrantee must obtain prior .approval from the Grantee.
e. Alternate Projects: in any case in which the
Subgrantee determines that. the public welfare would not be best
served by restoring a damaged public facility, or function of
that. facility, the Subgrantf:e may request that the Grantee and
FEMA approve, in advance of performing any work, an alternate
project in accordance with 44 CFR 2046.203.
f. Withholding of Funds: The Grantee may, in its sole
discretion, withhold it percentage of funding (up to 12.5% of
total project funding, the full non-federal share paid by the
State) provided under this Agreement in order to protect against
JUbI:?equt1 .IIL :_ad`.'-C.:rsc,` i. uturmin:iLiono by VUMIA r z t irdiIIy pi eviously
authorized or disbursed grant funds.
gE urunL PAYMENT: The final payment rill be made only after
completion of all projects, submission of all required
documentation, receipt and review of P.4 Project Listing,
completion of random inspection. of Small Projects (as determined
Page 9
FF.MA4305-MM
t
1-1
by crantee), final inspection (Large Projects), and a request for
final reimbursement.
10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain
all records pertaining to the projects described in the PW(s) and
the funds received under this Agreement until all, issues relating
to the inspection and firi,l audit have been completed, and any
action or resolution of outstanding issues have been completed.
In no event will. such records be mainr.ained for a period of less
than three (`s) years from the date of the final payment under
this Agreemr:nt.. Access to those records must be provided at
reasonable times to the comptroller General of the united States,
the Grantee, its employees and agents, and to FEMA, its employees
and agents.
11. RECOVERY OF FUNDS: if the final inspection, audit, or
other review by FEMA, th.: State, or any other authorized entity
determines that paym"nt 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 Gr_antPp as provided herein. If the Subgrantee
expends $300,000 or more in Federal awards in its fiscal year,
then the Subgrantee shall have an audit conducted. This audit
Page 10
vF"A-I3,1t-Vhs 't
El
• 110L.
40
will be performed by an independent Certified Public Accountant
or other entity independent of the Subgrantee in accordance with
the standards of the Comptroller General as specified in the
General Accounting Office Standards for Audit of. Governmental
Organizations, Programs, Activities and Functions, and generally
accepted auditing standards established by the American Institute
of Certified Public Accountants. Theagreement nuMbgr of this
gXgnt; may be identified with the audit submitted, Such audit
shall also comply with the requirements of Sections 11.45,
216.349, and 2.16.3491, Florida Statutes and Chapter 10.550 and
10.600, Rules of the Auditor General, and, to the exte-tit
applicable, the Single Audit: Act. of 1984, as amended, 31 USC 7501
through 7507, and OMA Circular A-133, ar, revised June 24, 1997,
or thereafter. if the Subgrantee is a private non-profit
organization, it shall submit an orctanization-wide audit. All
audits are due not later- than seven (7) months after the
termination of the entity's fiscal year. if the Subgrantee
expends less than $300,000 in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of. OMB
Circular A-133 is not required, but an audit may otherwise be
- required under Section 216.3491, Florida Statutes, and rules
adopted pursuant thereto.
b. The Grantee may require the Subgrantee to undertake
such further or additional audits as dctermired nuceusary ar
cpprnprinte including, blit noL limiLed to, paot and cur cnt
organization -wide audits. Such audits may be necessary to
Page 11 Eh-11iA-13�
C
40
•
i
determine the adequacy, accuracy, and reliability of the
Subgrantee's internal controls, fiscal data, and management
systems established to safeguard the Subqrantee's assets and to
ensure compliance with this Agreement.
c. If this Agreement is closed out without an audit,
the Grantee reserves the right to recover any disallowed costs
identified in an audit after such close-out.
13. NONCOMPLIANCE: if the Subgrantee violates any of the
conditions of disaster relief assistance under the. Robert T.
Stafford Act of 1988, Public Law 93-288 as amended by Public Law
100-707, the FEMA -State Agreement, this Agreement, or applicable
state law or applicable :state or federal regulations, including
those noted herein, additional financial assistanc,: for the
project .in which the violation occl.lrreci will he withheld until
such violation has been corrected, or the Grantee may take any
other action that is legally available.
14. NONDISCRIMINATION/COIITF.ACTORS: 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, except for scope vi work to be completed on the
PW(s) and the time limitations for performance of the work which
11111 _m File 12 iUAA-1306-Dk-rt.
db
40
G
are subject to modification in accordance with separate
procedures governed by FEMA regulation. Modifications to the
terms and conditions of this Agreement shall be proposed in
writing by either party and become effective only upon execution
by both parties. Modifications to any PW or the time for
performance of eligible work shall be requested through the
Grantee, approved solely at the discretion of FEMA and shall be
reflected in a supplemental PW or time extension approval.
Modifications to a PW shall not be reflected in a modification to
thir3 Agreement. If otherwise allowed under this Agreement, any
extennion shall be in writing and shall be subject to the same
terms and conditions set forth in the initial Agreement. There
nhall be only one extension of th- Agreement unless; the failure
to meet the criteria for complptin_n is due to events beyond the
control. of they Subgrantee.
16. TIME FOR PERFORMANCS: All activities funded under this
Agreement shall be timely performed and completed. In accordance
with 44 CFR 206.204, and subject to any approved extension by the
Governor's Authorized Representative (GAR) or the Federal
Regional Director, the term for performance of debris clearance
or emergency work is six (6) months from the date of the
declaration of a major disaster or emergency. Permanent
(restoration) work must be completed within eighteen (18) months
of the date of the Presidential Declaration of a major disaster.
Time extenuiono may be granted on an iiidividual babis, i.ii
accordance with 44 CFR 206.204. If any extension request is
Pe a 13
..,.L-.-.11a>-cf-F L
C]
9`Q
O
O
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
ful,ding 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 condit_iona +_.f this Agreement with the Grantee, and
to provide the contractor with a copy of this Agreement. The
Subgrantee further agrees to include in the contract that the
contractor shall hold the Subgrantee and the Grantee harmless
against all claims of whatever nature arising out of the
performance of the work by the contractor under the contract. To
the extent that the Subgrantee has outstanding, uncompleted,
contracts for work for which reimbursement will be requested
under this Agreement, Subgrantee agrees to use its best efforts
to modify said contracts in accordance with this paragraph.
18. TERMINATION: Either party may request termination of
this Agreement, in writing, delivered in person, or by certified
mail, to the party's representative who executes this Agreement.
Said termination may be accomplished by mutual agreement of the
parties, effective thirty (30) days atter an executed
modification to effect termi-nation.
A 19. LTARTLTTY:
(a) The Grantee assumes no liability whatsoever to third
e'age ?4
FEMA -1306 -DR -F..
parties as a result of this Agreement. Unless the Subgrantee is
a State agency or subdivision as defined in Section 768.28,
Florida Statutes, the Subgrantee shall he solely responsible to
parties with whom it shall deal in carrying out the terms of this
Agreement, and shall indemnify and save the Grantee and the State
of Florida harmless against all claims, suits, liabilities and
damages, of whatever nature, arising out of the performance of
activities funded or contemplated under this Agreement. For
purposes of. this Agreement, Subgrantee agrees that it is not an
employee or agent of the Grant(.-,- but is an independent
contractor.
(b) Any Subgrantee which is a State agency or subdivision,
as defined in Section 768.28, Fla. Stat., agrees to be fully
responsible for- its negligent acts or omissions or tortious acts,
and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Subgrantee to which sovereign
immunity applies. Nothing herein shall be construed as consent
by a State agency or subdivision of the State of Florida to be
sued by third parties in any matter arising out of the
per fo:Lmancc oL this A91:eement .
(c) Subgrantee represents and warrants that hazardous and
to::ic m;atcrials, if present at any locations wi',--re the scope (s)
of work will be performed, are at levels within regulatory limits
and do not trigger action required by Federal, State or local
laws or regulations. Subgrantee further represents and warrants
G
that household hazardous waste meeting the definition set forth
in 40 CPR shall be handled in a manner which meets all Federal,
State and local laws and regulations. Subgrantee further
represents and warrants that the: presence of any condition(s) or
material(s) on site, which is subject to Federal, State or local
laws and regulations (including but not. limited to: above ground
or underground storage tanks or vessels, asbestos, pollutants,
irritants, pesticides, contaminants, petroleum products, waste,
chemicals, and septic tanks), shall be handled and disposed of in
accordance with the pertinent requirements.
20. REPORTS: The Subgrantee shall provide quarterly progress
reports to the Grantee, using the ateacued Quarterly Report Form,
Attachment F. Refer to the "Quarte=rly Report Schedule and
Instructions" (Attachment r) for the due date of the first
report. Reports are due quarterly thereafter until. the work has
been completed and approved through final inspection. Reports
shall indicate the status and completion date for each project
funded, any problems or circumstances affecting completion dates,
or the scope of work, or the project costs, and any other factors
reasonably anticipated to result in noncompliance with the terms
of t.h:: grant aw yd. 111L a lire iiasptuctiorw —iliall be -ch4duled by
the Subgrantee prior to the final inspection and may be required
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
Page 16 FFMAAYW( DR -F1.
the State Public Assistance officer for all reports and requests
for reimbursement.
21. STANDARD CONDITIONS: The Subgrantee further agrees to be
bound by the following standard conditions:
a. The State of Florida's performance and obligation to
prey under this Agreement is contingent: upon an annual
appropriation by the Legislature, or the provision of funding to
the Grantee pursuant to Section 252.'17, Florida Statutes.
b. Fjills for fees or other compensation for services or
expenses must: be submitted in detail sufficient for a proper pre -
and post- audit. thereof.
c. The Grantee may unilaterally cancel this Agreement
for refusal by the Subgrantee or its contractors to allow public
access to all documents, papers, 1wttF:r`a 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.
1, P to uaClt to SL:ctiori 216.347, FlcridM St +i -1i -; ; i17
applicable federal law, the Subgrantee agrees that no funds from
this Agreement will be expended for the purpose of lobbying the
Legislature, state agency employees, Members of Congress,
officers or employees of Congress, or an employee of a Member of
Congress in connection with the awarding of this Agreement or any
FEMA -1306 -AR -F1.
Cage 17
111, s
1K •
IR Go
E�]
amendments or modifications of this Agreement.
e. The Subgrantee certifies with respect to this
Agreement that it possesses the legal authority to receive the
funds.
f. The Subgrantee shall comply with any Statement of
Assurance attached hereto, which shall be incorporated herein.
The Subqrantee acknowledges; that the responsibility for complying
with the approved subgrant award rests with the recipient
Subgrantee and acknowledges that f=ailure Co do so cernstitute€
grounds for tle recision or su€spanrion of this subgrant and may
influence future subgrant awards.
g. The State of Florida will not intentionally award
publicly -funded contracts to any contractor who knowingly employ_}
unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e)
(Sect=ion 274A(e) of the: Immigration and Nationality Act ("INA"))
The Grantee shall consider the employment by any Subgrantee or
contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. such violat=ion by the Subgrantee of the employment
provisions contained in section 274A(e) of the INA shall be
clroundo for unilateral cancen ati.er. of. this Pgreement by t-hA
Grantee.
h. A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity
crime 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
Page 18
FEMA -1306 -DR -FL
Ll
40
l
with a public entity for the construction or repair of a public
building or public wo_k, 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 'rico for a period of. 35
months from thc: date of hi_-ing placed on the convicted vendor
list.
22. TERM: This Agreement shall be_Iin up�,n the date last
signed and shall end upon receipt of official closing
documentation from FEMA i:riless terminated earlier in accordance
with the provisions of this Agreement. Subgrantee agrees to
promptly commence and to expeditiously complete the scope of work
identified herein. All emergency work, Categories A and B, must
be completed within G months of the date of declaration, or by
April 22, 2000. All. permanent work, Categories C through G, must
be completed within 18 months of the date of declaration, or by
April 22, 2001.
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: FOR THE SUBGRANTEE:
Joseph F. Myers, GAR James Chandler, Administrator
State Public Assistance Indian River County
2555 Shumard Oak Blvd 1840 25th Street
Tallahassee, Florida 32399-2100 Vero Beach, FL 32960
Page 19 FEMA -1306 -DR -FL
24. DEFAULT; REMEDIES; TERMINATION
a. If any of the following events occur ("Events of
Default"), all obligations on the part of the Grantee to make any
further payment of funds hereunder shall, if the Grantee so
elects, terminate, and the Grantee may at its option exercise any
of its remedies set forth herein, but the Grantee may make any
payments or parts of payments after the happening of any Fvents
of Default without. thereby waiving the right to exercise such
remedies, and without bt:cr)ming liable to mace any further
payment:
1. if any warranty or representation made by the
Subgrantee in this Agreement nr any prcrvi.us Agreement with the
Grantee shall at any time be false or misleading in any respect,
or if the Subgrantee shall fail to keep, observe or perform any
of the terms or covenants contained in this Agreement or any
previous agreement with the Grantee and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations
thereunder;
2. If any material adverse change shall occur in
the financial condition of the Subgrantee at any time during the
term of this Agreement from the financial condition revealed in
any reports filed or to be filed with the Grantee, and the
Subgrantee fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by
the Grantee;
3. If any reports required by this Agreement have
Page 20 FEMA -1306 -DR -F1.
A
not been submitted to the Grantee or have been submitted with
incorrect, incomplete or insufficient information; or
4. If the necessary funds are not available to
fund this agreement as a result of action by Congress, the
Legislature, the office of the Comptroll�-r or the Office of
Management_ and Budget.
b. Upon the happening of an Event of Default, then the
Grantee may, at its option, upon written notice to the subgrantee
and upon the Subgrantee's failure to timely cure, Exercise any
one or more of the following remedies, eithf--r concurrently or
consecutively, and the pursuit of any one of the following
remedies shall not preclude the Grantee from pursuing any other
remedies contained herein or otherwise provided at law or in
equity;
1. Terminate this Agreement, provided that the
Subgrantee :is given at least fifteen (15) days prior written
notice of such termination. The notice shall be effective when
placed in the United states mail, first class mail, postage
prepaid, by registered or certified mail -return receipt
requested, to the address set forth in paragraph (23) herein;
2. commence an appropriate legal or equitable
action to enforce performance of this Agreement;
3. withhold or suspend payment of all or any part
of a r_ecpiest: for payment;
Page 21
4. Exercise any corrective or remedial uCL:ioiis, to
FEMA -1306 -DR -FL
40
LI
include but not be limited to, requesting additional information
from the Subgrantee to determine the reasons for or the extent of
non --compliance or lack of performance, issuing a written warning
to advise that more serious measures may be taken if the
situati-n is not: corrected, advising the Subgrantee to suspend,
discontinue or refrain from incurring costs for any activities in
question or requiring the Subgrar!t:ee to reimburse the Grantee for
the amount of costs; incurred for any items determined to be
ineligible; and
5. Exercise any ether rights or remedies which may
be otherwise available under law.
c. The Grantee may terminaCe� thin, Agreement for cause
upon such written notice as is reasonable under the
circumstances, cause shall include, but not be. limited to,
misrepresentation in the grant application; misuse of funds;
fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal
by the Subgrantee to permit public.. access Lo any document, paper,
letter, or other material subject to disclosure under Chapter
119, F.�j, as amended.
d. Suspension or termination constitutes final Grantee
acL ou ulldt L ChapLci 120, kms', as amended. Notification of
suspension or termination shall include notice of administrative
hearing righLa and time frames. However, any deobligation of
funds or any other determination made by FEMA shall by addrecsed
as provided in 44 CFR 206.206,
Page 22 FEMA-130&DR-FL
El
•
•
•
e. The Subgrantee shall return funds to the Grantee if
found in non-compliance with laws, rules, regulations governing
the use of the funds or this Agreement.
f. notwithstanding the above, the Subgrantee shall not
be relieved of liability to the Grantee by virtue of any breach
of. Agreement by the Sub -
.grantee. The Grantee may, to the extent
authorized by law, withhold any payments to the Subgrantee for
purpose of set-off until such time as the exact amount. of damages
due the Grantee from the Subgrantee is determined. In the event
the FEMA deobligates funds previously authorized under this
Agreement, or under any other FEW, funded agreement administered
by the Division, then Subgrantee shall immediately repay said
funds to the Grantee. If Subgrantee fails to repay said funds,
then Subgrantee authorizes the Grantee to recoup said funds from
funding otherwise available under this Agreement or under any
other grant Agreement with Subgrantee administered by the
Grantee.
25. ATTACHMENTS
a. All attachments to this Agreement are incorporated
as if set out fully herein.
b. In the event of any inconsistencies or conflict
between the language ui Lhis AgieauleiiL and Lhe aLLdchments
hereto, the language of such attachments shall !De controlling,
but only to the extent of such cui fl:iuL or incur si5tency.
c. This Agreement has the following attachments:
Page 23 FEMA -1306 -DR -FL
IK 40
40
40
40
Attachment A Program Statutes and Regulations
Attachment. B Lobbying Prohibition/Certification
Attachment C Statement of Assurances
Attachment D Request for Advance or Reimbursement
Attachment E Summary of Documentation
Attachment F Florida Public Assistance Quarterly
Report
Attachment G Quarterly Report Schedule and
Instructions
26. DESIGNATED AGENT: The SuLygrantee hereby authorizes:
James Chandler, Administrator as its primary designated agent,
and Doug Wright, Director — as its alternate designated
agent, to execute Requests for Reimbursement, necessary
certifications, and other supplementary documentation.
IN WITNESS HERROP, the Grantee and subgrantee have executed
this Agreement;
FOR '1111-, .1;UBGRANTEE:
By:
Fran [3. Adams
(Print (x Type None)
Chairman
kDac)
Subgrantees Federal
Employer Idc11-'UificaLiun No.
59-6000674
Page 24
FOR THE GRANtEE:
STATE OF FLORIDi,
DEPARTME'NTOF COMMUNITY AFFAIRS
By:
Josph F, Myvr5—
(PrW or Tyr- Nam)
Governor's Authorized Representative
(Tide)
(D-)
Federal Domestic Assistance #83.544
nwft I Am""M I Oft
L"d
I 4'1< I-_ I I1-01"
0-ft
FEM)
06 -DR -F1
GOMM ba
plmrh"V Mw
•
401 —
40
ATTACHM = A
The parties to this Agreement and the Public Assistance and Fire
Suppression Grant Programs are generally governed by the
following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency
Afi siest:anre Act, 42 IISC 5121, et seq;
(2) 44 Ea parts 6, 7, 9, 1.0, 13, 14, 15, 17, 18, 25, 206,
220, and 221, and any other applicable FEMA policy
memoranda, handh-.oks and guidance documents;
(3) State of Flori(ia Administrative Pian For the Public
Assistance Grant Program; acid
(4) All applicable laws and regulations delineated in
Attachment C of this Agreement.
A-1
D
•
•
4W
ATTACHMENT B
LO�t.BYING kRORIBITION
'Phe undersigned certifies, to the best of his or her
knowledge and belief, that:
(a) 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 either
directly or indirectly an officer or employee of any
state or federal agency, a member of the Florida
Legislature, a Wmber 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.
(b) 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 -L. "Disclosure
Form to Report Lobbying," in accordance with its
instructions.
(c) The undersigned shall require that the language of this
certification 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 accordingly.
This certification is a material representative of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section
3.352, title 31, U.S. Code. Any persons who fails to file the
required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $3.00,000 for each e71:ch
iailuie.
By: Z7C vim_ �� t�tivuQ
Friin r7—
Signature Typed :: i
.
B-1 P!!!!
nwc mer.
lin+uN 8wr,
puMhftl g Mp,
UWA
�1
ATi'ACHKENT C
,P,TA `RARM-QY ASSURANCE-$
The Subgrantee hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement,
and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official
act a resolution, motion or similar action authorizing the
execution of the disaster relief funding agreement with the
Grantee, .including all understandings and assurances
contained therein, and directing and authorizing the
Subgrantee's chief executive officer or designee to act in
connection with the :Lpplication and to provide such
additional information as may be required;
(c) No member of or delegate to the Congress of the United
States, and no Resident Commissioner, shall be admitted to
any share or part of this agreement or to any benefit to
arise from the same. No member, officer, or employee of the
Subgrantee or its designees or agents, no member of the
governing body of the localit.y in which the program is
situated, and no other public official of such locality or
localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one
year thereafter, shall have any interest direct or indirect,
in any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with the program assisted
under this agreement.. The Subgrantee shall incorporate or
cauuu Lo be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant
to the purposes stated above;
(d) All Subgrantee contracts for which the State Legislature is
in any part a funding source, shall contain language to
provide for termination with reasonable costs to be paid by
the: suharrint ot- for eligible cQnLracL work- co;nplcLE d prior Lo
the date the notice of suspension of funding was received by
the Subgrantee. Any cost incurred after a notice of
suspension or termination is received by the Subgrantee may
not be funded with funds provided under this Agreement
unless previously approved in writing by the Grantee. All
Subgrantee contracts shall contain provisions for
termination for cause or convenience and shall provide for
the method of payment in such event;
C - 1
D
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962,
40 U.S.C. 327 et seq., requiring that mechanics and
laborers (including watchmen and guards) employed on
federally assisted contracts be paid wages of not less
than one and one-half times their basic wage rates for
all hours worked in excess of` forty hours in a work
week; and
(2) Federal Fair. Labor Standards Act, 29 U.S.C. Section 201
et seq., requiring that covered employees be paid at
least the minimum prescribed wage, and also that they
be paid one and one-half times their basic wage rates
for all hours worked in excess of the prescribed work-
week.
(f) It will comply with:
(1) Title VI of thrt- Civil Rights Act of 1964 (P.G. 88-352),
and the regulations issuers pursuant thereto, which
provides that no person in the United States shall on
the grounds of race, color, or riational origin, be
exclude:i from participation in, be denied the benefits
of, or be:, otherwine subjected to discrimination under
any program or activity for which the Subgrantee
receives Federal financial assistance and will
immediately take any measures necessary to effectuate
this assurance. If any'real property or structure
thereon is provided or improved with the aid of Federal
financial assistance extended to the Subgrantee, this
assurance shall obligate the Subgrantee, or in the case
of any transfer of such property, any transferee, for
the period during which the real property or structure
is used for a purpose for which the Federal financial
assistance is extended, or for another purpose
involving the provision of similar services or
belief its;
(2) Any prohibition against- discrimination un the basis of
age under the Age Discrimination. Act of 1975, as
amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect- to
ntherwioe qualified handicapped individuals as provided
in Section 504 of the Rehabilitation Act of 1973;
C - 2
J
4D
•
•
(g)
(h)
(i)
(7)
(k)
(3) Executive Order 11246 as amended by Executive Orders
11375 and 1.2086, and the regulations issued pursuant
thereto, which provide that no person shall be
discriminated against on the basis of race, color,
religion, sex or national origin in all phases of
employment during the performance of federal. or
federally assisted construction contracts; affirmative
action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of
pay or other forms of compensation; and election for
training and apprenticeship;
The Subgrantee agrees to comply with the Americans With
Disabilities Acct (Public Law 101-335, 42 U.S.C. Section
12101 ,r��<<,.), where applicable, which prohibits
discrimination by public and private entities on the basis
of disability in th_3 arias of employment, public
accommodations, transportation, State and local government
services, and in telecommunications;
It will establish safFrju aids to prohibit employees from
using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain
for themselves or others, particularly those with whom they
have family, business, or other tips pursuant to Section
112.313 and section 11.2.3135, 1';;
It will comply with the Anti -kickback Act of 1986, 41 U.S.C.
Section 51 which outlaws and prescribes penalties for
"kickback.;" of wages .in federally financed or assisted
Construct -Lon activities;
It: will comply with the provisions of 18 USC 594, 598, 600-
605 (f/k/a L -he Batch Act) which limits the political
activity of employees;
It will comply with the flood insi.trance r)urch7ise and othr,:r
requirements of the Flood Disaster Protection Act of 1973 as
amended, 42 USC 4002-4107, including requirezants regarding
the purchases of flood insurance in communities where such
insurance is available as a condition for the receipt.of any
Federal financial assistance for construction or acquisition
puLpudes for use in any area having special flood hazards.
The phrase "Federal financial assistance" includes any fot_-m
of loan, grant, guaranty, insurance payment, rebate,
subsidy, disaster assistance loan or grant, or any other
form of direct or indirect Federal assistance;
C - 3
IRA
•
J
•
(1) It will. require every building or facility (other than a
privately owned residential structure) designed,
constructed, or altered with funds provided under this Part
to comply with the "Uniform Federal Accessibility
Standards," (AS) which is Appendix A to 41 CFR Section 101-
19.6 for general type buildings and Appendix A to 24 X12
Part 40 for residential structures. The Subgrantee will be
responsible for conducting inspections to ensure compliance
with these specifications by the contractor;
(m) It will, in connection with it, performance of ernvironmental
assessmenrn under the National Environmental Policy Act of
1969, comply with Section 106 of the National Historic
Preservation Act of 1966 (U.S.C. 470), Executives Order
11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Art- of 1966, (15 U.S.C.
469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Officer
to identify properties listed in or eligible for
inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 CFR Section
800.8) by the proposed activity; and
(2) Complying with all requirements established by the
State to avoid or mitigate adverse effects upon such
properties.
(3) Abiding by the terms and conditions of the
•Programmatic Agreement Among the Federal Emergency
Management Agency, the Florida State Historic
Preservation Office, the Florida Department of
Community Affairs and the Advisory Council on Historic
Preservation, (PA)" which addresses roles and
responsibilities of Federal and State entities in
:implementing Section 106 of the National Historic
Preservation Act (N1111,A), 11; U.S.C:. 470f, and
implementing regulations in 36 CFR part 800.
(4) When any of Subgrantee's projects funded under this
Agreement may affect a historic property, as defined in
36 CFR 800.(2)(e), the FEMA may require Subgrantee to
review the eligible scope of work in consultation with
the State Historic Preservation Office (SHPO) and
suggest mcLhods of repair or construction that will
conform with the recommended approaches set out in the
Secretary of Interior's Standards for Rehabilitation
is •
IIA
40
and (guidelines for Rehabilitating Historic Buildings
1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines)
(48 Federal Register 44734-37), or any other applicable
Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with
the Standards, Subgrantee agrees to participate in
consultations to develop, and, after execution by a'�
parties, to abide by, a written agreement that
establishes mitigation and recordation measures,
including but riot limited to, impacts to archeological
sites, and the salvage, storage, and reuse of any
significant architectural features that may otherwise
be demolished.
(5) Subgrantee agrees to notify FEMA an -i the Department if
any project funded under this Agreement will involve
ground disturbing activities, including, but riot
limited to: subsurface disturbance; removal of. trees;
excavation for foorings and foundations; and
installation of utilities (such as water, sewer, storm
drains, electrical, aa -.9, leach lines and septic tanks)
except where these activities are restricted solely to
areas previously disturbed by the installation,
replacement or maintenance of such utilities. FEMA
will request the SHPO's opinion on the potential that
archeological properties may be present and be affected
by such activities. The SHPO will advise Subgrantee on
any feasible steps to be accomplished to avoid any
Hati<�na1 Register eligible archeological property or
will make recommendations for the development of a
treatment plan for the recovery of archeological data
from the property. Tf Si)h--ant.en !.:7 una'hle to avoid
the archeological property, the Subgrantee will
develop, in consultation with the SHPO, a treatment
plan consistent with the (guidelines and take into
account the Advisory Council on Historic Pzeservation
(Council) publication "Treatment of Archeological
Properties." Subgrantee shall forward information
regarding the treatment plan to FEMA, the SHPO and the
Council for review. If the SHPO and the Council do not
object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Subgrantee to implement
the treatment plan. Tf either the Council or the SIMPO
C - 5
40
4W
s
G
•
object, Subgrantee shall not proceed with the project
until the objection is resolved.
(6) Subgrantee shall notify the Department and FEMA as soon
as practicable: (a) of any changes in the approved
scope of work for a National Register eligible or
listed property; (b) of all changes to a project that
may result in a supplemental PW or modify an HMGP
project for a National Register eligible or listed
property; (u) if it appears that a project funded under
this Agreement will affect a previously unidentified
property that may be eligible for inclusion in the
National Register or affect a known historic property
in an unanticipated manner. Subgrantee acknowledges
that FEMA may require Subgrantee to stop construction
ill th,: vicinity of the discovery of a previously
unidentified property that may be eligible for
inclusion in the National Register or upon learning
that conctzuc:t.ion may affect a known historic property
in an unanticipated manner. Subgrantee further
acknowledges that. FEMA may require Subgrantee to take
all. reasonable measures to avoid or minimize harm to
such property until FEMA concludes consultation with
the SHPO. Subgrantee also acknowledges that FEMA will
require, and Subgrantee shall comply with,
modifications to the project scope of work necessary to
implement recommendations to address the project and
the property.
('7) Subgrantee acknowledges that, unless FEMA specifically
stipulates otherwise, .it shall not receive funding for
projer.t:e, when, with intent to avoid the requirements of
the PA or the NHPA, Subgrantee intentionally and
significantly adversely affects a historic property, or
having the legal power to prevent it, allowed such
significant adverse affect to occur..
(n) it. will comply with Title IX of the Education Amendments of
1972, as amended (2o U.S.C.: 1681-1683 and 168_ci-1608i6) which
prohibits discrimination on the basis of sex;
(o) It will comply with ttic Complralien�ivcs Alcunul Abuse and
Alcoholism Prevention, 'Treatment and Rehabilitation Act of
1970, (42 USC 4521-45-94) relating to nondiscrimination on
the basis of alcohol abuse or alcoholism;
C - o
i,
(p)
it will comply with 523 and 527 of the Public Health Service
Act of 1.912 (42 U.S.C. 290 dd-3 and 7.90 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse
patient records;
(q)
It. will comply with Lead -Based Paint Poison Prevention Act
(42 U.S.C.: 4821 et seq.) which prohibit: the use of lead
bafied paint in construction of rehabilitation or residential
Ntr.uctures;
(r)
It. will comply with the Energy Policy and Conservation Act
(P.L. 94-163; 42 USC 6201-6422), and the provisions of the
state Energy Conservation Plan adopted pursuant thereto.
(s)
It will comply with the Animal Laboratory Welfare Act of
1966, 7 USC 2131-2159;
(t)
It will comply with the Civil Rights Act of 1968, Title VI
and VIII, 42 USC 2000c and 42 USC 3601-3619.
(u)
It: will comply with t -he Clean Air. Act of 1970, as amended,
42 USC 7401-7642;
(v)
IL will comply with the Clean Wat_.r Act of 1977, as amended,
42 USC 7419.7626;
(w)
It wi.l.l r.ompl.y with the Davis -Bacon Act., 40 USC 276x;
(x)
It will comply with the Endangered Species Act of 1973, 16
USC 1.53.1.-1544;
(y)
It will comply with the Intergovernmental Personnel Act of
1970, 42 11SC 4728-4763;
(z)
It will comply with the National Historic Preservation Act
of 1966, 16 USC 270;
(aa)
It will comply with the National Environmental Policy Act of
1969, 42 USC 4321.-4347;
(bb)
It w:i.11 comply with the Preservation of Archeological and
Historical Data Act of 1966, 16 USC 469a, eL seq;
(cc)
It will comply with the Rehabilitation Act of 1973, Section
504, 29 USC 794;
(dei)
IL will comply wi tiie :Safe llrit.l:i;ig 6tater Ac;t of 197@, 4'
USC 300f -300j;
(ee)
it will comply with the Uniform Relocation Assistance and
PrnnPrty Aca;iisition Policies Act of 1970, 42 USC 4621-4638;
(ff)
It will comply with the Wild and Scenic Rivers Act of 1968,
J.6 TJSC 1271.-1.287; and
(gg)
it will comply with the following Executive Orders: EO 11514
(NEPA); EU 11738 (violating facilities); EO 11988
(Floodplain Management); and EO 11990 (Wetlands); and EO
12848 (Environmental Justice).
C - 7
w
e
w
(hh)
(kk)
it will comply with the Coastal Barrier Resources Act of
1977, 16 USC 3510,
it will. comply with the Coastal Zone Management Act of 1972,
16 USC 1451-1464.
It will comply with the Fish and Wildlife Coordination Act
of 1958; 16 USC 661-665.
With respect to demolition activities, it will:
l.. Create and make available documentation sufficient to
demonstrate that the Subgrantee and its demolition
contractor have sufficient manpower and equipment to
comply with the obligations as outlined in this
Agreement.
2. Return the property to it.^_, natural state as though no
improvements had ever been contained there on.
:i. Furnish documentation of all qualified personnel,
licences and all equipment necessary to inspect
buildings located in Subgrantee's jurisdiction to
n,:zect the presence of asbestos and lead in accordance
with requirements of the U. S. Environmental Protecti•
Agency, the Florida Department of Environmental
Protection and the County Health Department.
4. Provide documentation of the inspection results for
each structure to indicate:
a.
a. Safety Hazards Present
b. Health Hazards PrebGnt
c. Hazardous Materials Present
S. Provide supervision over contractors or employees
employed by Subgrantee to remove asbestos and lead from
demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of
debris.
7. Notify the Department promptly of any unusual existing
condition which hampers the contractors work.
8. Obtain all c:lui re 1 permi t c .
9. Provide addresses and marked maps for each site where
water wells or septic tanks are to be closed along with
the number of wells located on each site.
10. Comply with mandatory standards and policies relating
to energy efficiency which are contained in the State
energy conservation plan issued in compliance with the
Enercjy Policy and Conservation Act (flu'uiic Law 92 -
163).
C - 8
11. Comply with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air
Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water
Act (33 U.S.1368), Executive Order. 11738, and the U. S.
Environmental Protection Agency regulations (40 C.F.R.
Part ].5). This clause shall be added to any
subcontracts.
12. Provide documentation of public: notices for demolition
activities.
C - 9
40
El
40
40
ATTACHMENT D
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement for Public Assistance Funds
SUBGRANTEE NAME:
ADDRESS:
PAYMFN'I'NO:.._._,_.._
DEC NO:
PA ID NO:
IX,'A AGREEMENT NO;
TOTAL CURRENT REQUEST S —
I certify that it) the best of my knowledge and belief the &bve acctxmitswe correct and that alt dblivirvenicittitwere made in accordance with all
corxV:ons of the IWA agreement and payment is dw and has rKyt been pmvi(maly requaW for dme affoutim
SUBGRANTEE SIGNATURE
NAME AND TIT
DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
APPROVED FOR PAYMENT S — I
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
TOTAL PAYMENT $ DATE I
099
DSR
DCA USE ONLY
1,11GIBLE
PREVIOUS
CURRENT
AMOUNT
PAYMENIS
REQUEST
APPROVED
FOR PAYh4EN'T
USRJI
CATEGORY,
% COMPLETE
XCOMI
Ds"
CAT
%COMPLFTE
DSR4_
DS
CATEGORY_-
% COMPLETE
DSR# —
CATEGORY--
% COMPLETE
DSR#_._
CATEGORY__.____
% COMPLETE—M
TOTAL CURRENT REQUEST S —
I certify that it) the best of my knowledge and belief the &bve acctxmitswe correct and that alt dblivirvenicittitwere made in accordance with all
corxV:ons of the IWA agreement and payment is dw and has rKyt been pmvi(maly requaW for dme affoutim
SUBGRANTEE SIGNATURE
NAME AND TIT
DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
APPROVED FOR PAYMENT S — I
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
TOTAL PAYMENT $ DATE I
099
Mb
40
•
El
Ift—
iW
Ali
lint
m
•
•
•
•
ATTACHMENT G
FLORIDA DEPAR'T'MENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT SCHEDULE AND INSTRUCTIONS
Quarterly Progress Reports are required by the Disaster Funding Agreements for all
subgrantees until all their Project Worksheets (PWS, formerly Damage Survey Reports (DSRs)), are
completed. Subgrantee reports are reviewed by the Grants Manager, then consolidated by disaster
event (declaration number) and forwarded to FEMA Region IV as required by the FEMA/Statc
Agreement lot each disaster. The State reports are due to FEMA Region IV thirty (30) day's ager the
end of the reporting quarter. Reporting; quarters and submission dates are listed below for your
information and compliance.
QUARTERS DUE TO SIATE N.
January -March April IS" (or I"work day after)
April -June .(lint 15" for 1" work day after)
July -September octobtr 151' (or I" work day after)
0ctobcr-December .January 15" (or 1" pork day after)
Jt 1 ma IIIjoin
Not Later Than -April 30"
Not lAterThan-July 31"
Not Later Than- October 31"
Not fLaterThan-,JanuAry 31"
Subgrantees involved in their "first" or a "new" disaster grant will be advised of the date
required for the submission of their first Quarterly Report for that disaster. All subsequent Quarterly
Rcpc)rt submissions will follow the schedule outlined above.
Subgrantees involved in more than one open disaster grant must submit sepvate reports for
each disaster that has outstanding I)SR projects. Please be aware, the Department will withhold
payment of any disaster funds due if the report is not submitted on time.
Subgrantees should contact their Grants Manager for guidance in preparing their "firm"
Quarterly Progress Report for any disaster. If you have any question, contact your Grants Manager.
JFM/js
G-1
O
40
` ATTACHMENT D
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement for Public Assistance Funds
SUBGRANTEFs NAME: DEC NO:
ADDRESS: PA 11) NO: --
PAYMF.N I' NO: I)CA A6RH;,%1I:NT NO:
'10TAI, CLIRRF:N'I- RF?QUE:ST $
1 ccttkfy that to the best of my knowledge a,td belief the &vc accounts are correct and that all disbursements were made in accordance with all
conditions of the ICA agreement and payment is due and hes not been previously requested for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE
DATE: ---0
BE COMPI.I t ED by UEPARI HIEN 1 UE CUM MUNI IY AFEAIKS �IJI,Aj
APPROVED FOR PAYMENT $
ADiviiNISTRA NE LOST $ GOVERNORS AUTHORiz FD REPRL' SEN T ATi V L'
�I TOTAL PAYMENT $----- __-_------ .—
H DATE
M
DSR
IX'A USE
ONLY
ELIGiBLF,
PREVIOUS
Ct1RRF?ST
AMOUN I`
PAYMf,.Nl S
REQl1EST
APPROVED
FOR PAYMENT
COMMENTS
U;RII _
('A'I F(ir)RY
COMT11,11 If:
D';RM
CA'IEFG0 RY
° y COMPLETE
('A'I FWRY
COMPLE IE
DSRN __ f
CATEGORY _
COMPLETE
I)SRN
CATEGORY
!. COMPI.FTF
'10TAI, CLIRRF:N'I- RF?QUE:ST $
1 ccttkfy that to the best of my knowledge a,td belief the &vc accounts are correct and that all disbursements were made in accordance with all
conditions of the ICA agreement and payment is due and hes not been previously requested for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE
DATE: ---0
BE COMPI.I t ED by UEPARI HIEN 1 UE CUM MUNI IY AFEAIKS �IJI,Aj
APPROVED FOR PAYMENT $
ADiviiNISTRA NE LOST $ GOVERNORS AUTHORiz FD REPRL' SEN T ATi V L'
�I TOTAL PAYMENT $----- __-_------ .—
H DATE
M