99-O-03
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ORDINANCE NO. 99-0-03
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW ATER, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
EDGEWATER, FLORIDA BY UPDATING AND AMENDING CHAPTER 9
(CONSTRUCTION AND TECHNICAL CODES) TO INCLUDE THE
UNIFIED BUILDING CODE (ADOPTED IN 1996) AND THE UNIFORM
BUILDING CODE PROPOSED AMENDMENTS OF; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On November 7, 1994, City Council adopted the administrative portion of the Land
Development Code, which consisted of Chapters 1 through 10.
2. On March 4, 1996, Council approved the Interlocal Agreement establishing and adopting
the Unified Building Codes within Volusia County. The intent of the Agreement is to promote
uniformity among the cities and county by eliminating differences in the code in an effort to benefit
contractors who work in multiple jurisdictions.
3. The City is desirous of updating Chapter 9 (Construction and Technical Codes) of the
Land Development Codes to correspond with the latest requirements of the Unified Standard
Building Codes.
4. The adoption and enforcement of an up-dated code is necessary to protect the health,
safety and welfare of the citizens of Edgewater and to encourage economic development within the
City.
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99-0-03
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NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
AMENDMENT OF CHAPTER 9 (CONSTRUCTION AND
TECHNICAL CODES) OF THE LAND DEVELOPMENT
CODE OF THE CITY OF EDGEW ATER, FLORIDA.
Chapter 9 (Construction and Technical Codes) ofthe Land Development Code ofthe
City of Edgewater, Florida, adopted pursuant to Ordinance No. 94-0-26 is hereby
amended as set forth in Exhibit "A" which is attached hereto and incorporated by
reference.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extend of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
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99-0-03
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PART E.
EFFECTIVE DATE
This Ordinance shall take place upon adoption.
PART F.
ADOPTION
After Motion by Councilman Hammond and Second by Councilman Gornto, the vote on the
first reading of this ordinance held on January 11, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
ABSENT
Councilwoman Judy Lichter
AYE
After Motion by Councilman Gornto and Second by Councilman Hammond, the vote on the
second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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99-0-03
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PASSED AND DULY ADOPTED this 1 st day of February, 1999.
ATTEST:
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99-0-03
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
dy
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
4m a z
Nikki
City Attorney
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EXHIBIT" A"
CHAPTER 9
CONSTRUCTION AND TECHNICAL CODES
Section 901. Technical Codes Adopted
The following technical codes regulating various aspects of construction and reconstruction
of buildings and other specialties are hereby adopted by reference as the codes of the City
of Edgewater:
A. Unified Construction/Buildin!i Codes. prepared by: Unified Code Committee.
V olusia County. Florida and adopted by Interlocal Alifeement approved by City
Council on March 4. 1996
B. Uniform Buildin!i Code. Proposed Amendments. as adopted by the Unified Code
Committee on January 15. 1998
A. Standard Amusement Device Code, 1985 Edition
C. B. Standard Building Code, +994 1997 Edition including Appendix A,C,D,G,H,J,K,L
andM
D. €. Standard Existing Building Code, 1988 Edition with 1991 through 1994 Revisions
.E B. Standard Fire Prevention Code, +994 1997 Edition
.E E. Standard Gas Code, +994 1997 Edition
Q F. Standard Housing Code, +99+ 1994 Edition
H 6. Standard Mechanical Code, +994 1997 Edition
I H. Standard Plumbing Code, +994 1997 Edition
I 1. Standard Swimming Pool Code, 1991 Eclitioli ',lith 1993 and 1994 Revisions 1997
Edition
K f. Standard Unsafe Building Abatement Code, 1985 Edition
L K:. National Electric Code, +993- 1996 Edition
M h NFPA Life Safety Code 101, ~ 1997 Edition
M. One and T'NO family Dwelling Code
A copy of each code shall be filed in the office ofthe Building Official and shall be available
for public inspection during the regular hours of business of such office.
Section 902. Amendments to the National Electrical Code
The National Electrical Cede;, 1993 Editioli, is hcreby M.le;nde;d as follows:
( code\chapter.9)
Amended as of January, 1999
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A. Electt ic Service; Rating of Discmmect. The; service discormeeting means shall have
a rating of not less than one; htmdrcd fifty (150) amps for any single or hvo family
dVv'elling or less than one htmdrcd (100) amps fur any d"vVelling unit in a multi family
building. This requirement shall not apply to hotel or motel rooms.
B. EX Cablt:. DX Cable shall not be tlsed in the City.
C. Over,head Conduit; lkLin COlllleCffll'S, Service Sizes ill Residences. All service wires
supplying eurre;nt for light, heat, pO'vyer or aft-v'ertising to any bl:tildin-g inside the City,
in o'v'erhead connection, shall be installed in rigid metal conduit or intermediate metal
from the service head to the appro"v'ed means of main discormeet. Conduit of
polyvinyl chloride (p.Y.C.) schedule 40 may be tltilized from the sef\.'ice head to the
seryiee equipment, however two ineh rigid shall still be tttilized through the roof.
For o'lcmead connections, the exposed portion of wire shall be in conduit from the
sef\.'ice head to the approved means of main discoflfiect. The minimttm size of the
mask throtlgh roof shall be; hYO (2) inches and shall have a roof flange of an approved
type;
D. ..nallels. All panels shall ha"le one double pole spare space and t...v,o (2) single pole
spare spaces or shall not be o'ler eighty (80) per cent full. (Access to the panel for
utilization of these spaces shall be pro'v'ided by one inch or larger empty raceway to
an accessible area.) Triple E allo)' condtletors shall be the minim1:lfl'l grade used.
No pancl "vvill be; permitte;d in bathrooms or closets. EMT may be ttsed inside of
building :&om the meter to first panel or disconnect. No almninum shall be pcnnitted
l:lllder concrete.
E. Wiring for Public Carttges, etc., l~iscelk1.lleous Rules. All btlildings other than
single or t\"/O family residence;s shaH be 'vVircd 'V'v'ith rigid conduit or metal molding,
r.Y.c. electrical metallic tubing, or other appmved "..{iring systems vv'hich prtrv'ide a
raceway f5r eoftdttetors. All condttit or other approycd ""v'iring systems shall contain
an equipment grotlnding conductor.
r. Ceilillg FailS, }k.~ Fixturt:s. Ceiling fMiS must be motmted with the blades at kast
seven (7) feet :&om the floor to minimize the possibility of accidental contact "vvith
the fan blades. Nevv' fixttlfCs on ceilings of se'/en foot dear height may extend bclovv'
the ceiling provided a clearance of no less than six (6) feet, eight (8) inches is
maintained. For dining mom fixtures a clearance ofless than six (6) f-cct, eight (8)
inches is permitted.
( eode\chapter.9)
Amended as of January, 1999
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C. Alttmimuu Ctlble:, Jnhibitm j'. AI1:1fflifttlm cable and -Nirc shall not be used except size
#1 and larger for residential and ee)mfflcrcial services and panel feeders. This
requircmCftt shall ne)t apply te) mantlf-aeturcd he)ustng tlftits certified tftrotlgft the State
of Florida m n.nD. or listed and approved appliances, machinery, equipment and
assemblies. Inhibitor (or a suitable appre)ved redttetion agent) shall be applied to
aluminum connections of#l alumintml ",vire size and larger.
A H. Signs.
1. Neon signs, electric signs or any type of electrical decorative advertising
medium may be installed by a journeyman electrician or neon serviceman
under the supervision of a master electrician. This shall not be construed to
mean that the structural supporting frame of a sign cannot be erected by a
qualified general contractor.
2. A separate sign circuit shall be installed in all store or public buildings (new
or remodeled). A disconnect, safety switch or circuit breaker shall be located
in the line to any outdoor sign at the sign location and be weatherproofed if
exposed to the weather. A receptacle shall be installed in the ceiling directly
over the show window and on a separate circuit.
3. Sign transformers shall not be placed in unfinished attic spaces. Drain holes
shall be provided in metal transformer boxes. When transformer boxes are
exposed to the weather they shall be reamed or otherwise trimmed to remove
burrs on the rims that would hold water in the enclosure. If mounted on the
roof, the transformer enclosure shall be elevated at least two (2) inches above
the roof. Wood shall not be used to mount or elevate the transformer
enclosure. The transformer shall be rigidly fastened to the metal enclosure.
4. All neon signs must have a ground which is common (by copper conductor)
with the ground of the supplying system.
5. Neon signs may be inspected and approved by the electrical inspector before
the sign is erected. A sign may be inspected after erection, provided safe and
adequate means are provided for the inspector to inspect the sign.
I. G1'Otauling of RUqJfflCks. All receptacles shall be of the grounded type.
1. Construction JYJ)~ll. Ce)nstftletie)n pe)-Ner shall be a minimum of sixty (60) amps,
( code\chapter.9)
Amended as of January, 1999
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tv.o hundred nventy (220) v6lts and shall pre-v'id~ 6n~ fifty (1 50) amp three wire,
two hundred tv.:enty volt single phas~ receptacle and one fifteen (1 15) amp one
hundred t~n volt, three v.ir~ r~eeptade. Th~se receptades shall htrv'c scpa:rate and
proper o-;erload pretection and be C.P.I. (Cround PMllt Int~mtption) type, cith~r
breaker or receptaele.
K. Ce:rtiftctlti<J1l Required, EmpltJyiltg C~1 lifted ..Tl.e;,.smls.
1. It shall be unla-Nful for any person -vvh6 is not a certified and lo~ally licensed
electrician to install or repair electrical v.iring, appa:rattls or equipment. It
shall be tlflla-vvful for any person, who is not a c~rtified master or jottnleyman
electrician or for an o-vVfi~r/btlilder to do any electrical construction or make
any syst~m change of elcctrieal -;(iring, apparattls, or equipment for light,
heat, po..{~r or ad-.ertising ...ithin the limits ofthe City.
2. A master electrician shall not ~mploy a person on any job in the capacity of
an electrician without such person holding a certificate of competency.
IIow~-.er, this shall not prohibit the milization of helpers or apprentices
working under the continuous supervision of an electrician holding a
certificate of competency (not to excced two (2) helpers or apprentices to one
joumCYllian).
3. Electrical alt~fation performed tlfidcr an ovmcrlbuilder permit excludes all
service changes, swimming pools, hot tubs, spas and hydromassage tubs;
spri:rtlder ptlmps, ..,:atcr pumps, and Stlmp ptlmps.
4. All code violations found upon the electrical inspection of a eommcrcial
structure shall be corrected by an electrical contractor. A permit and a final
inspection shall be required upon completion.
Section 903. Interpretation and Enforcement
903.01 Generally.
A. All questions regarding interpretation and enforcement of the technical codes adopted
pursuant to Section 901 shall first be presented to the Building Official or Fire Chief for a
decision. Upon request, the Building Official or Fire Chief shall reduce the decision to
writing and include the reasons for the decision.
( code\chapter.9)
Amended as of January, 1999
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B. The Construction Regulation Board (hereafter CRB) shall have the authority to hear
and decide appeals of the decisions or actions of the Building Official or Fire Chief
as set forth below with respect to the technical codes adopted pursuant to Section
901.
903.02 Decisions Subject to Appeal.
The CRB is authorized to hear appeals only from the following decisions or actions
of the Building Official or Fire Chief based upon noncompliance with a technical
code:
A. The refusal to issue a building permit.
B. The refusal to approve a project on interim or final inspection.
C. The refusal to issue a certificate of occupancy or use.
D. The issuance of a stop work order.
E. A decision that a proposed project is subject to and must conform to one or
more technical codes, and must be authorized by a building permit.
F. Revocation of a building permit or certificate of occupancy or use.
903.03 Procedure. Any person aggrieved by a decision of the Building Official or Fire Chief may
appeal such decision to the CRB by filing a written request with the Secretary of the CRB
within thirty (30) days after the rendition of the decision by the Building Official or Fire
Chief. Such request shall be accompanied by a nonrefundable fee as established by
resolution of the City Council.
903.04 Effect of Filing on Action or Decision. The filing of an appeal under this section shall not
affect the validity of any decision or action of the Building Official or Fire Chief. The
decision or action shall remain in full force and effect until modified or reversed by the CRB.
903.05 Application for Permit Condition of Appeal. No person may appeal any decision of the
Building Official or Fire Chief unless he has applied for and received, or been denied, a
building permit for the project and paid the applicable fee for such permit or application.
This subsection shall not apply to any person who alleges as the grounds for appeal that a
( code\chapter.9)
February 17, 1999
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project is not subject to the permitting requirements of any technical code.
903.06 Grounds for Appeal. A person may appeal the decision or action of the Building Official or
Fire Chief on the following grounds:
A. The provisions of the technical code do not apply to the project.
B. The mode or manner of construction or improvement being followed or to be
followed conforms to the technical code.
C. The materials being used or to be used conform to the technical code.
D. An equally good or more desirable form of construction or improvement, not
provided for or allowed by a technical code, can be employed without threatening the
public safety or welfare.
E. The decision or action is otherwise unlawful.
The failure to allege any grounds for reversal ofthe decision or action shall be a waiver of
the grounds.
903.07 Hearing
A. The appeal shall be placed on the agenda of the next available regular meeting ofthe
CRB for a hearing in accordance with Article 2 of Chapter 3 of this Code.
B. The Board shall not modify or reverse any decision or action of the Building Official
or Fire Chief unless it affirmatively finds that:
1.
The provisions ofthe technical code do not apply to the project.
2.
The mode or manner of construction or improvement being followed or to be
followed conforms to the technical code.
3.
The materials being used or to be used conform to the technical code.
4.
An equally good or more desirable form of construction or improvement, not
provided for or allowed by a technical code, can be employed without
threatening the public safety or welfare. However, such decision must be
based upon the testimony of a licensed engineer or architect in support of
such a finding.
( code\chapter.9)
February 17, 1999
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5. The decision or action is otherwise unlawful.
C. The Board shall discuss the evidence and applicable code requirements and vote to
affirm, reverse or modify the decision of the Building Official or Fire Chief. Not
more than ten (10) days after the hearing, the decision of the CRB shall be reduced
to writing and signed by the Chairman. The order shall recite findings of fact and
applicable provisions of the code which are the basis for the order. If the decision
modifies any action or decision ofthe Building Official or Fire Chief, it shall specify
the manner in which such modification is to be made. The Secretary shall send a
copy of the order to the appellant.
903.08 Appealfrom the Board. Any person aggrieved by a decision of the CRB may appeal such
decision to the City Council by filing a written request to the City Manager within thirty (30)
days after the rendition of the decision by the Board. Such request shall be accompanied by
a nonrefundable fee as established by resolution of the City Council. The request shall be
placed on the agenda ofthe next available regular meeting for a public hearing in accordance
with Article 2 of Chapter 3 of this Code. Such appeal shall be a hearing de novo. The City
Council shall not modify or reverse any decision ofthe Building Official or Fire Chief unless
it makes an affirmative finding as set forth in Section 903.07 of this Code.
( code\chapter.9)
February 17, 1999
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DISASTER RELIEF FUNDING AGREEMENT
DCA Agreement No: 99-RM-W6-06-74-02-061
FEMA Project Application No:
127-19825
This Agreement is between the State of Florida, Department of
Community Affairs (Grantee) and the
CITY OF EDGEWATER
(Subgrantee). In support of the Agreement, the parties state:
WHEREAS, extreme drought and the subsequent fire beginning on May 25,
1998, and continuing through Midnight, July 22, 1998, produced disastrous
conditions which had a devastating impact throughout Florida; and
WHEREAS, the severity of the damage and losses resulted in the
declaration of a disaster emergency by the Governor in Executive Orders number
98-141, 98-165, 98-167, 98-168, and 98-187; and,
WHEREAS, the President of the United States has concurred and has
declared a major disaster emergency, in FEMA DR 1223-FL, forth~ counties of
Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Clay, Citrus, Columbia,
Dixie, Duval, Flagler, Gilchrist, Gulf, Hamilton, Hernando, Holmes, Jackson,
Lafayette, Lake, Lee, Levy, Liberty, Madison, Marion, Nassau, Okaloosa,
Orange, Osceola, Pasco, Putnam, St. Johns, Seminole, Sumter, Suwannee, Taylor,
Union, Vol usia, Walton, And Washington, and has consolidated fire suppression
grant assistance to the Grantee, in FEMA DR 2201-FL, for certain defined fire
complexes and fires in the same forty Florida Counties; and,
WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of
the presidential Declaration, has made available federal funds for eligible
disaster relief activities in FEMA DR 1223-FL (Public Assistance Program) and
in FEMA DR-2201-FL (Fire Suppression Grants) i and,
WhEREAS, the FEMA-State Agreement, defined herein below, governing the
use of those grant funds requires the State to share in the total costs
eligible for federal assistance; and,
-ri'HEREAS, Chapter 98-46, Laws of Florida, in specific appropriation 1230,
provides that Federal disaster assistance matching requirements shall be
equally shared between the State and its subgrantees; and,
WHEREAS, Sections 252.35. 252.36, 252.37, and 252.38 Florida Statutes,
authorize the relationship described herein.
NOW THEREFORE, the parties agree as follows:
1. DEFINITIONS: unless otherwise indicated, the following term~ shall
be defined as stated herein.
a. "Eliqible disaster relief activities", as used in this
Agreement, means those activities authorized in the FEt1A-State Agreement, as
defined herein below; Public Law 93-288, as amended by Public Law 100-707
(hereinafter the "Staff?rd Act"); Title 44 CPR, Part 206, arid applicable
Federal Emergency Management Agency or State guidance documents.
b. "Larqe Proiect" and "Small Proiect" shall be defined as
indicated in 44 CPR 206.203(c).
c. "FEMA-State Aqreement" shall mean that agreement between FEMA
and the State or Florida, for the Presidential Major Disaster Declaration FEMA
DR-1223-FL; or the FEMA-State Agreement for Fire Suppression Assistance in
FEMA DR-2201-FL, as applicable, and all modifications thereto.
d. "Permanent Work" shall be defined as in 44 CFR 206.201(g)
e. "Emerqency Work" shall be defined as in 44 CFR 206.201(b)
f. "Proiect" shall be defined as in 44 CPR 206.201(i).
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g. "Fire Suppression Assistance" shall mean that assistance
authorized by 44 CFR part 206, subpart L, and all FEMA handbooks and guidance
addressing fire suppression assistance.
Agreement.
DSRs may obligate, or deobligate funding,thereby revising the
total amount of authorized funding. DSRs document the total eligible costs
and the total Federal share (75~ for eligible emergency work and 100~ for
eligible fire suppression work) of those costs.
Contingent upon an
appropriation by the Florida Legislature, the Grantee agrees to provide one-
half of any non-Federal share (12~~ of total eligible costs). As a condition
of receipt of this funding, and contingent upon an appropriation by the
Florida Legislature ...,here required, the Subgrantee similarly agrees to provide
one-half of any non-Federal share (12~% of total eligible costs) .
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Subgrantee agrees that the Grantee is authorized to withhold funds
otherwise payable to Subgrantee, from any agreement administered by the
Grantee, upon a determination- by the Grantee or FEMA, or any auditor, that
funds have been provided to Subgrantee pursuant to this Agreement, or any
other disaster relief funding agreement -administered by the Grantee, in excess
of eligible costs.
Subgrantee agrees, as a condition of receipt of funding pursuant to this
Agreement, to obtain reasonably available, adequate, and necessary insurance
for the type or types of hazard for ~hich the major disaster was declared for
any and all projects receiving funding. Proof of said insurance shall be made
available to the Grantee as a condition of receipt of funding under this
Agreement.
The final payment of funds Hill be made only after project
completion, submission of all required documentation, final inspection, and
a request for final reimbursement.
4. DUPLICATION OF BENEFITS PROHIBITION:
In accordance vIi th the
provisions of Section 312 of the Stafford Act, duplication of benefits is
prohibited. The Subgrantee shall notify the Grantee, as soon as practicable,
of the existence of any insurance coverage for the damage identified-on the
DSR, and of any entitlement or recovery to payments from any other source, for
the projects described in the DSR(s). Eligible costs shall be reduced by the
amount of duplicate sources available. The Subgrantee shall be liable to the
Grantee to the extent that the Subgrantee receives duplicate benefits from
another source for the same purposes for Hhich the Subgrantee has received
payment from the Grantee. The Subgrantee shall immediately remi t to the
Grantee any duplication of benefits payment received by the Subgrantee. In
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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. COMPLIANCE WITH ENVIRONHENTAL, PL~.NNING ]...}."J) PERMITTING LAWS: The
Subgrantee shall be responsible for implementation and completion of the
approved projects described in the DSR(s) in a manner satisfactory to the
Grantee, and in accordance with applicable federal, state, and local statutes,
regulations, plans, and policies.
Any development authorized by, any
development ord~r issued by, any permi t issued by, or any development activity
undertaken by, the Subgrantee, and any land usepernli t ted by or engaged in by
the Subgrantee, shall be consistent with the local comprehensive plan and land
development regulations prepared and adopted pursuant to Chapter 163, Part II,
Florida Statutes. Funds shall be expended for, and development activities and
land uses authorized for, only those uses which are permitted under the
comprehensive plan and land development regulations. The Subgrantee shall be
responsible for ensuring that any development permit issued and any
development activity or land use undertaken is, where applicable, also
authorized by the pertinent Water Management District, the Florida Department
of Environmental Protection, the Florida Department of Health, and any local
environmental or land use permitting authority, where required.
In addition, Subgrantee shall comply .....ith other federal and state
environmental laws, statutes, regulations, and guidance including, but are not
limited to, those identified in Attachment A and C.
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Subgrantee further agrees to provide and maintain competent and adequate
engineering or other supervision at all construction or work sites to ensure
that the complete work conforms with the approved plans, specifications, and
scope of work.
6. REQUIRED DOCUMENTATION; REVIEW/INSPECTION:
The Subgrantee shall
create and maintain acceptable documentation of work performed and costs
incurred with respect to each project identified in connection with a Damage
Survey Report (DSR). Failure to create and maintain proper documentation \-,ill
result in the disallowance of Public Assistance or Fire Suppression funding,
and require the refund of funds previously reimbursed or advanced, including
an interest penalty. For all Large projects, the Subgrantee shall submit: (a)
a Summary of Documentation (blank form attached as Exhibit A) which shall be
supported by I but not .attach, all appropriate. backup documentation (e. g.
invoices, canceled checks, daily acti vi ty reports, payroll records I time
sheetsl executed contractsl receiptsl purchase orders I billing statementsl
etc. ) i (b) a request for reimbursement of actual costs i and (c) a signed
project listing when all projects are complete. For all Large Projects, the
Subgrantee must submit a request for a final inspection. For all projects the
Subgrantee shall certify I on the proj ect Listing I that all work \';as performed
in accordance with the requirements in this Agreement and the requirements in
each DSR, and shall state the date the work was completed. The Grantee will
inspect Small Projects on a random basis.
The Grantee will schedule and
perform the final inspections on Large Projects, and revieH the Project
Listing for Small Projects or inspect the projectl to ensure that the work was
performed within the scope of work delineated on the DSR(s).
Costs of any
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work not performed wi thin the approved scope of ...,ork shall not be eligible for
funding.
7. COST SHARING: The disaster relief funds for eligible costs indicated
on the DSR(s) and described in this Agreement shall be shared in accordance
with the cost sharing provisions established in the Stafford Act, the FE~~-
State Agreement, and Chapter 98-46, Laws of Florida, Specific Appropriation
1230.
DSRs document the total eligible costs and the total Federal share
(75%) of those costs.
The Grantee agrees to provide one-half of the non-
Federal share (12M% of total eligible costs). As a condition of receipt of
this funding, the Subgrantee similarly agrees to provide one-half of the non-
Federal share (12~% of total eligible costs). Administrative costs. which
according to the schedule are in addition to and not part of the DSR (s)
eligible costs, and are otherwise eligible under 44 CFR 206.228 and involve
no required match, will be funded by FEV~.
8. PAYMENT OF CLAIMS:
SHALL PROJECTS:
The Grantee shall make payment to the
a.
Subgrantee of the full Federal share of the eligible costs for Small Projects
as soon as practicable after execution of this Agreement and receipt from FEMA
of the pertinent approved DSR(s).
b. LARGE PROJECTS: The payments for Large Projects will be on
a cost reimbursement basis and subject to receipt of the following: (1) a
Request For Advance or Reimbursement Form (blank form attached hereto as
Exhibit
B) ;
(2 )
a
Summary of
Documentation
Form,
listing
the
DSR
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IT,
identifying the audit ready documentation that exists to support the payment
request, identifying the dollar amounts of each eligible cost, and identifying
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the Subgrantee's O'NTI internal reference number (voucher, warrant, purchase
order, etc.) i and (3) a letter providing a brief synopsis of the request, and
certifying that the reported costs were incurred in the performance of
eligible v!Ork.
c. ADVANCES: This Subgrantee may be paid an advance of funds
provided that the Subgrantee not to exceed the Federal Share: (1) demonstrates
and maintains the willingness and ability to maintain procedures to minimize
the time elapsing between the transfer of funds and their disbursement; (2)
submits budget data on v:hich the request is based; (3) submits a justification
statement explaining the necessity for and proposed use of the funds, and
specification of the amount requested; and (4) submits a completed Request for
Advance or Reimbursement Form. After any advance, and in the event no advance
is provided, all payments shall be on a cost reimbursement basis. Subgrantee
shall promptly, but at least quarterly, remit interest earned on advances (if
any)to the Grantee for remittance to FEMA.
d. IMPROVED PROJECTS:
If the Subgrantee desires to make
improvements, but still restore the predisaster function of the damaged
.
facility in accordance with 44 CFR 206.203, the Subgrantee must obtain prior
approval from the Grantee.
e. ALTERNATE PROJECTS:
In any case in which the Subgrantee
determines that the public welfare would not be best served by restoring a
damaged public facility, or function of that facility,. the Subgrantee may
request that the Grantee and FE~~. approve, in advance of performing any work,
an alternate project in accordance with 44 CFR 206.203.
f. WITHHOLDING OF FUNDS: The Grantee may, in its sole discretion,
8
V1it~~old.a 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
o~der to protect against sub~equent adverse determinations by FE~L~ regarding
previously authorized or disbursed grant funds.
9. FINAL PATImNT:
The final payment will be made only after project
completion, submissio:1 of all required documentation, final inspection (Large
Projects), ,review of Project Listing and/or inspection (Small Projects), and
a request for final reimbursement.
10. RECORDS HJ..INTENANCE: Subgrantee I s performance under this Agreement
shall be.subject to ~4 CFR Part 13, "U~iform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments" or OMB
Circular
A-110,
dated
11/19/93,
further
amended
8/29/97
"Uniform
Administrative Requirements for Grants and Other Agreements with Institutions
of Higher Education, Hospitals and Other Non-Profit Organizations, II and OMB
Circular No. A-87, "Cost Principles for State and Local Governments," or OMB
Circular _~_-122, dated 6/1/98 "Cost Principles for Non-Profit Organizations. II
The Subgrantee agrees to maintain all records pertaining to the projects
described in the DSR (s) and the funds received uI1der this Agreement until all
issues relating to the inspection and final audit have been completed, and any
action or resolution of outstanding issues have been completed.
In no event
will such records be maintained fo~ a period of less than three (3) years fram
the date of the final payment under this Agreement. Access to those records
must be provided at reasonable times to the Comptroller General of the United
States, the Grant,0e, its employees and agents, and to FEt'L~, its employees and
agents.
"Reasonable" shall be construed according to the circumstances but
9
ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Nonday through Friday.
"Agents" shall include, but not be
limited to, auditors retained by~he Grantee.
11. RECOVERY OF FUNDS: If the final inspection, audit, or other review
by FE~~, the State, or any other a~thorized entity dete~uines that payment
made under this Agreement exceeds the amount of actual eligible costs, the
Subgrantee shall, ,./i thin forty-five (45) days of receipt of the determination
notice, repay the Grantee the amount determined to be in excess of the actual
costs. In the event Subgrantee fails to make repayment, Subgrantee authorizes
Grantee to take offset action as provided elsewhere in this Agreement.
12. AUDIT:
a. Subgrantees shall submit an Audit of Agreement Compliance to
the Grantee 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 \.:ill be performed by an independent Certified Public
Accountant or other entity independent of the Subgrantee in accordance with
the standards of the Comptroller General as specified in the General
Accounting Office Standards for Audit of Governmental Organizations, Programs,
Activities and Functions,
and generally accepted auditing standards
established by the American Institute of Certified Public Accountants. The
aqreement number of this qrant must be identified ~lith the audit submitted.
Such audit shall also comply with the requirements of Sections 11.45, 216.349,
and 216.3491, Florida Statutes and Chapter 10.550 and 10.600, Rules of the
Auditor General, ~and, to the extent applicable, the Single Audit Act of 1984,
as amended, 31 USC 7501 through 7507, and OME Circular A-133, as revised June
10
24, 1997, or thereafter.
If the Subgrantee is a private non-profit
organization, it shall submit an organization-wide audit. All audits are due
not later than seven (7) mon~hs after the termination of the entity's fiscal
year. If the Subgrantee expends less than $300,000 in Federal a...:ards in its
fiscal year, an audit conducted in accordance with the provisions of OMS
Circular A-133 is not required, but an audit may othen;ise 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 addi tional audi ts as determined necessary or appropriate including,
but not limited to, past and current organization-wide audits.
may be necessary
to determine the adequacy, accuracy, and reliability of the Subgrantee I s
Such audits
internal controls, fiscal data, and management systems established to
safeguard the Subgrantee's assets and to ensure compliance \'lith this
J..greement.
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
La", 93-288 as amended by Public Law 100-707, the FEM..~-State Jl.greement,
applicable state law or applicable state or federal regulations, including
those noted herein, additional financial assistance for the project in which
the violation (}ccurred \-;ill be withheld until such violation has been
corrected or the Grantee may take any other action that is legally available.
11
1~.
NONDISCRI~IINATION/cONTRACTORS :
The Subgrantee shall maintain an
active program of nondiscrimination in disaster assistance as outlined in 44
CfR, Parts 7 and 16, and 4~ CfR Section 206.11. The Subgrantee shall comply
wi th federal regulations concerning the General Services ]..dministrati ve
Consolidated List of Debarred, Suspended and Ineligible Contractors, as
provided in ~~ CFR Part 17.
15.
l'fODIFICl>.TIO:-i :
Either party may request modifications to this
Agreement i except for scope of work to be completed on the DSR (s) and the time
limitations for peiformance of the work which are subject to modification in
separate procedures \-lith FEMA. Modifications to the terms and conditions of
this Agreement shall be proposed in ,.,riting by either party and become
effecti ve only upon execution by both parties. Hodifications to any DSR shall
be requested through the Grantee, approved solely at the discretion of FE~~
and shall be reflected in a supplemental DSR as part of the project. If
otherwise allowed under this Agreement, any extension shall be in writing and
shall be subject to the same terms and conditions set forth in the initial
J>.greement.
There shall be only one extension of the Agreement unless the
failure to meet the criteria for completion is due to events beyond the
control of the Subgrantee.
16. Tn.~E FOR PERFORJ1ANCE: All activities funded under this Agreement
shall be timely performed and completed. In accordance v:ith 44 CFR 206.204,
and subject to any approved extension by the Governor's. Authorized
Representative (G~~) or the Federal Regional Director, the term for
performance of ~'mergency v:ork (debris clearance and emergency protective
measures) is six (6) months from the date of the Presidential Declaration of
l2
a major disaster or emergency. Permanent (restoration) work must be completed
"ithin eighteen (18) months of the date of the Presidential Declaration of a
major disaster or emergency. . Within sixty (60) days of the latest approved
extension for Large Projects, the Summary of Documentation, a request for
final inspection and supporting documentation identifi~d in Paragraph 6,
REQUIRED DOCUMENTATION: REVIE~'i l>.ND INSPECTION, shall be submitted to the
Grantee. Within thirty (30) days of the later of: (1) the completion of all
\'lOrk, or (2) receipt of FEt-1A's approval of the Final Inspection, the
Subgrantee shall submit the completed Project Listing to the Grantee. Time
extensions may be granted on an individual basis, in accordance with ~4 CFR
206.204. If any extension request is de~ied, the Subgrantee may be reimbursed
for eligible project costs incurred up to the latest approved completion date.
Failure to complete the project will result in the denial of funding for that
project.
17.
CONTRACTS 'WITH OTHERS:
If a Subgrantee contracts \o1ith ariy 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 condi tions of this l>.greement \o1i th 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 Hhatever
nature arising out of the performance of the Hork by the contractor under the
contract. To the extent that the Subgrantee has outstanding, uncompleted,
contracts for \,,(:'rk for vlhich reimbursement vlill be requested under this
Agreement, Subgrantee agrees to use its best efforts to modify said contracts
l3
in accordance with this paragraph.
18. TERMINATION: Either party may request termination of this
Agreement, in writing, deliv.ered_in person, or by certified mail, to the
party's representative who executes this Agreement. Said termination may be
accomplished by mutual agreement of the parties, effective thirty (30) days
after an executed modification to effect termination.
19. LIABILITY:
(a) The Grantee assumes no liability ~:hatsoever to third parties as a
resul t of this ].,greement.
Unless the Subgrantee is a State agency or
subdivision as defined in Section 768.28, Florida Statutes, the Subgrantee
shall be solely responsible to parties with whom it shall deal in carrying out
the terms of this Agreement, and shall indernni fy 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 F.greement. For purposes of this J>.greement, Subgrantee
agrees that it is not an employee or agent of the Grantee but is an
independent contractor.
(b) Any Subgrantee Vlhich 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 \'iaiver of sovereign immunity by any Subgrantee to which
sovereign immunity applies. Nothing herein shall be construed as consent by
a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of the performance of this Agreement.
14
(c) Subgrantee represents and warrants that hazardous and toxic
materials, if present at any locations where the scope(s) of work will be
performed, are at levels within ~egulatory limits and do not trigger action
required by Federal, State or local laws or regulations. Subgrantee further
represents and warrants that household hazardous waste meeting the definition
set forth in ~o CFR shall be handled in a manner which meets all Federal,
State and local la\<!s and regulations.
Subgrantee further. represents and
\,'arrants that the presence of any condition(s) or material (s) on site, ""hich
is subject to Federal, State or local laws and regulations (including but not
limited to: c:bove grou.,..d. 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 attached Quarterly Report Form, Attachment F. Refer
to the IIQuarterly Report Schedule and Instructions II (Attachment G) 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 \-lith the terms of the grant aHard.
Interim inspections shall
be scheduled 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
15
Subgrantee shall, as soon as Possible, provide any additional reports
requested by the Grantee.
The Grantee contact will be the State Public
Assistance officer for all r~port-s and requests for reimbursement.
21. STANDARD CO~~ITIONS: The Subgrantee further agrees to be bound by
the following standard conditions:
a. The State of Florida's performance and obligation to pay under
this Agreement is contingent upon an annual appropriation by the LegiSlature,
or the provision of funding to the Grantee pursuant to Section 252.37, Florida
Statutes.
b. Bills for fees or other comp~nsation 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 allO\" public access to all documents,
papers, letters or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the Subgrantee or its subcontractor
in conj unction \.:i th this Agreement.
It is expressly understood that
substahtial evidence of the Subgrantee's or their contractor's refusal to
comply 'vlith this provision shall constitute a breach of contract, and
constitute grounds for termination.
d. Pursuant to Section 216.347, Florida Statutes, and applicable
federal law, the Subgrantee agrees that no funds from this ~greement will be
expended for the purpose of lobbying the Legislatur~, state agency employees,
Nembers of Congn{ss, officers or employees of Congress, or an employee of a
r-:ember of Congress in connection vlith the avlarding of this Agreement or any
16
amendments or modifications of this Agreement.
.e. The Subgranteecertifies with respect to this Agreement that
it possesses the legal authority ~o receive the funds.
f. The Subgrantee shall comply with any Statement of Assurance
attached hereto, which shall be incorporated herein.
The Subgrantee
acknowledges that the responsibility for complying with the approved subgrant
award rests' with the Subgrantee and acknowledges that failure to do so.
constitutes grounds for the recission or suspension of this subgrant and may
influence future subgrant awards.
22. TERH:
This Agreement shall begi~ upon the date last signed and
,
shall end upon .receipt of official closing documentation from FEMA unless
terminated earlier in accordance with the provisions of this Agreement.
Subgrantee agrees to promptly commence and to expeditiously complete the scope
of vwrk identified herein. All \.;ark shall be completed within six months of
the date'of the major disaster declaration (July 2, 1998) or prior to such
deadline as established by the GA..~ or the FEM..2'\, whichever is later.
23. NOTICE ~~ CONTACT: All notices under this Agreement shall be in
writing, delivered either by hand delivery or certified m~il to the
representative and address below:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
Joseph F. Hyers, GJlJ~.
State Public Assistance
Ken Hooper
City Manager
2555 Shumard Oak Boulevard
P.O. Box 100
::...
Tallahassee, Florida 32399
Edqewater, FL 32132-0100
17
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 Events of Default without
thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
1. If any warranty or representation made by the Subgrantee in
this Agreement or any previous 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 JI.greement have not been
submitted to the Grantee or have been submitted with
~ncorrect, incomplete or insufficient information; or
4. l.f the necessary funds c.re not available to fund this
agreement as a result of action by Congress, the Legislature,
18
the Office of the Comptroller or the Office of 11anagement 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 anyone or more of
the fOlloyling remedies, ei ther concurrently or consecutively, ,and
the pursuit of anyone of the folloYling remedies shall not
preclude the Grantee from pursuing any other remedies contained
herein or otherwise provided at law or in equitYj
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)hereinj
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreementj
3. Hithhold or suspend payment of all or any part of a request
for paymentj
4. Exercise any corrective or remedial actions, to 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
situation is not corrected, advising the Subgrantee to
suspend, discontinue or refrain from incurring costs for any
activities in question or requiring the Subgrantee to
r.eimburse the Grantee for the amount of costs incurred for
any items determined to be ineligiblej and
19
5. Exercise any other rights or remedies which maybe otherwise
available under law.
(c) The Grantee may terminate th'is 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 to any document, paper, letter, or other material subject
to disclosure under Chapter ~19, FS, as amended.
(d) Suspension or termination constitutes final Grantee action under
Chapter 120, FS, as amended. ',Notification of suspension or
termination shall include notice of administrative hearing rights
and time frames. However, any deobligation of funds or any other
determination made by F~~~ shall be addressed as provided in 44
CFR 206.206.
(e) The Subgrantee shall return funds to the Grantee if found in non-
compliance ",ith lavIs, 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 Agre~ment by
the Subgrantee The Grantee may 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 Federal Emergency Management Agency
(FE~~) deobligates funds previously authorized under this
Agreement, or under any other FE~~ funded agreement administered
by th? Division" then Subgrantee shall immediately repay said
funds to the Grantee. If Subgrantee fails to repay said funds,
20
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 betVleen the
language of this Agreement and the attachments hereto, the
language of such attachments shall be controlling, but only to the
extent of such conflict or inconsistency.
(c) This Agreement has the following' attachments:
Program Statutes and Regulations
Lobbying Prohibition/Certification
Statement of Assurances
Request for Advance or Reimbursement
Summary of Documentation
Quarterly Report
Quarterly Report Schedule and Instructions
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
1>_ttachment G
~,
21
26. DESIGNATED AGENT: The Subgrantee hereby authorizes
Kenneth R. Hooper, City Manager as its primary designated agent, and
~racey Barlow, Fire Chief as its alternate designated
agent, to execute Requests for Reimbursement, necessary certifications,
and other supplementary documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this
J'I.greement i
FOR THE SUBGRANTEE:
FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
CITY OF EDGEWATER
BY~
- - -(Signatu~ - - - -- -
By:
(Signature)
Kenneth R. Hooper
(Print or Type Name)
Joseph F. Myers
(Print or Type Name)
City Manaqer
(Title)
Governor's Authorized Representative
Date:
S:~V~ '7'1
Date:
Subgrantee's Federal
Employer Identification No.
59-6000314
Federal Domestic Assistance # 83.544
Page 22
ATTACHMENT A
PROGRAM STATUTES AND REGULATIONS
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 J..ssistance
Act, 42 USC 5121, et segi
(2) 44 CFR parts 6, 7, 9, 10, 13, 14, 16, 17, 18, 25, 206, 220, and
221, and any other applicable FEMA policy memoranda, handbooks and
guidance documentsi
(3) State of Florida .Administrative Plan for the Public Assistance
Grant Program; and
(4) All applicable laws and regulations delineated in Attachment C of
this Agreement.
'"
A-1
ATTACHMENT B
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge and
beiief, 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. t-lember 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 ~xtension, 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 Nember of
Congress, an officer or employee of Congress, or an employee of a
Nember 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
certific~tion 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 representative of fact upon which
reliance was placed Hhen 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 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 $100,000 for each such failure.
By, ~~~. . -~ Kenneth R. Hooper, City Manaqer
S1g ature ~ Typed Name and Title
B-1
ATTACHMENT C
STATEMENT OF ASSURANCES
To the extent the following provisions apply to the award of assistance in
this Agreement, as determined by the awarding agency, 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 \olith the Grantee, including all
understandings and assurances contained therein, and directing and
authorizing the Subgrantee's chief AD~INISTRATIVE officer or designee
to act in connection with the application 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 locality 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 cause to 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 Subgrantee for
eligible contract work completed prior to the date the notice of
suspension 9f funding ~as 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
C-l
Agreement unless previously approved in writing by the Grantee. All
Subgrantee contracts shall contain provisions for termination for cause
orconvenience and shall provide for the method of payment in such event;
(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 t~ey 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 the Civil Rights Act of 1964 (P.L. 88-352), and the
regulations issued pursuant thereto, which provides that no
person in the United States shall on the grounds of race, color,
or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination
lUlder 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 ~he 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
benefits;
(2) Any prphibition against discrimination on 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
C-2
respect to otherwise qualified handicapped individuals as
provided in Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and
12086, and the regulat10ns 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 payor other forms of compensation; and election for training
and apprenticeship;
(g) The Subgrantee agrees to comply with the Americans With Disabilities
Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where
applicable, which prohibits discriminat10n 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;
. (h) It will establish safeguards to prohibit employees from using
positions for a purpose that is or gives the appearance of being
motivated by a desire for' priv.ate gain for themselves or others,
particularly those with whom they have family, business, or other ties
pursuant to Section 112.313 and section 112.3135, FS;
(i) It will comply with the Anti-kickback Act of 1986, 41 u.s.e. Section
51 which outlaws and prescribes penalties for "kickbacks" of wages in
federally financed or assisted construction activities;
(j) It will comply with the provisions of 18 USC 594, 598, 600-605 (f/k/a
the Hatch Act) which limits the political activity of employees;
(k) It will comply with the flood insurance purchase and other
requirements of the Flood Disaster Protection Act of 1973 as amended,
42 use 4002-4107, including requirements regarding the purchase of
flood insurance in communities where such insurance is available as a
condition f9r the rece~pt of any Federal financial assistance for
;v
construction or acquisition purposes for. use in any area having
special flood hazards. The phrase "Federal financial assistance"
includes any form of loan, grant, guaranty, insurance payment,
C-3
rebate, subsidy, disaster assistance loan or grant, or any other form
of direct or indirect Federal assistance;
(1) It will require every building or facility (other than a privately
owned residential structure) designed, constructed, or altered with
funds provided under this Agreement to comply \olith 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 CFR
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 its performance of environmental
assessments under the National Environmental Policy Act of 1969,
comply with Section 106 of the National Historic Preservation Act of
1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800; and the
Preservation of Archaeological and Historical Data Act of 1966 (16
U.S.C. 469a-1, et seg.) 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 reguirements established by the State to avoid
or mitigate adverse effects upon such properties.
(n) It will comply \oJith Title IX of the Education Amendments of 1972, as
amended (20 U.S.C.: 1681-1683 and 1685-1686) which prohibits
discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol 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;
(p) It will comply with 523 and 527 of the Public Health Service Act of
1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records;
~) .
(g) It will comply with Lead-Based Paint Poison Prevention Act (42 D.S.C.:
4821 et seg.) which prohibits the use of lead based paint in
construction of rehabilitation or residential structures;
C-4
(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 ~lill comply with the Laboratory Animal Welfare Act of 1966, 7 USC
2131-2159, pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities
supported by an award of assistance under this agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 USC
2000c and 42 use 3601-3619, as amended, relating to non-discrimination
in the sale, rental, or financing of housing, and Title VI of the
Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination
on the basis of race, color or national origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 USC
7401-7642;
(v) It will comply with.the Clean Water Act of 1977, as amended, 42 USC
7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 use 1531-
1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42
use 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the
National Historic Preservation Act of 1966, as amended, 16 use 270;
(z) It Ylill comply with environmental standards which may be prescribed
pursuant to the National Environmental Policy Act of 1969, 42 use
4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the
Preservation of Archeological and Historical Preservation Act of 1966,
16 use 469a, et seg;
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29
~ .
use 794, regarding non-discrimination;
e-5
(cc) It will comply with environmental standards which may be prescribed
pursuant to the Safe Drinking Water Act of 1974, 42 USC 300f-300j,
regarding protection of underground water sources;
(dd) It will comply with the requirements of Titles II and III of the
Uniform Relocation Assistance and Property Acquisition Policies Act of
1970, 42 USC 4621-4638, which provide for fair and equitable treatment
of persons displaced or whose property is acquired as a result of
Federal or federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 USC
1271-1287, related to protecting components or potential components of
the national wild and scenic rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA);
EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO
11990 (Wetlands); and EO 12848 (Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 USC
3510;
(hh) It will assure project consistency with the approved State program
developed under the Coastal Zone Management Act of 1972, 16 USC 1451-
1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16
USC 661-666.
{.,J
C-6
A IT ACHMENT D
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement for
Public Assistance Funds
SUB GRANTEE NAME:
DEC NO: FEMA-
-DR-FL
ADDRESS:
PAIDNO:
PAYMENT NO:
DCA AGREEMENT NO: .
DSR DCA USE ONLY
ELIGIBLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
FOR PAYMENT COMMENTS
DSR#
CATEGORY_ I
% COMPLETE
DSR#
CATEGORY_
% CO~fPLETE
DSR#
CATEGORY_
% COMPLETE
DSR#
CATEGORY_
% COMPLETE
DSR#
CATEGORY_
% COMPLETE
TOTAL CURRENT REQUEST $
J ~ertif.r that tho the best of my knowledge and bcliefthe 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 Dot been previously requested for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
APPROVED FOR PAYMENT . $
~
ADMINISTRATIVE COST
$
GOVERNOR'S AUTHORIZED REPRESENTATIVE
TOTAL PAYMENT $
DATE
D-l
ATTACHMENT E
PAGE_OF_PAGES
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK
Applicant
Disaster No. FEMA-1223 -DR-FL
FEMA-2201 -DR-FL
DCA Agreement No.
PA ID No. DSR No.
Appli=t's RefertDCe No. Delivery Dlte of DOCUMENTA nON Nnour.ts
(Warnnt, Vooeher, ClAim L'1icle> or List DocumOlution (Applicant's payroll, IlUterW out of applicant's Sloek, Applicant' Eligible
or Schedule No.) performa.aee service>. .pplicw owned equipment and name of vendor or tontn.:lor) by Cltegory and Cosu
Iin.: it..-m in L~e approved projeet application and give. brief de>eription of the
IJ"tideJ or services.
I
.
"
TOTAL
GRAND TOTAL - PAGES_ OF_PAGES
A separate form will ~Wt;pared for each DSR.
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ATTACHMENT G
.'
FLORIDA DEPARTMENT OF COI\1MUNITY AFFAIRS
DIVISION OF EM_ERGENCY MANAGEMENT
QUARTERLY REPORT SCHEDULE AND INSTRUCTIONS
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Quarterly Progress Reports are required by the Disaster Funding Agreements for all subgrantees until all
their Damage Survey Report (DSR) projects 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/State Agreement for each disaster. The State reports are due to FEMA Region IV thirty
(30) days after the end of the reporting quarter. Reporting quarters and submission dates are listed below
for your information and compliance.
QUARTERS
DUE TO STATE BY
STATE SUBMlSSION TO FEMA
January-March
April 151h (or rl'work day after)
Not Later Than - April 30th
April-June
July 15th (or rt work day after)
Not Later Than - July 3rt
July-September
October 15th (or rt work day after)
Not Later Than - October 31'1
October-December
January 15th (or 1'1 ,york day after)
Not Later Than - January 31'1
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 Report
submissions will follow the schedule outlined above.
Subgrantees involved in more than one open disaster grant must submit separate reports for each
disaster that has outstanding DSR 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 Grant Manager for guidance in preparing their "first" Quarterly
Progress Report for any disaster. If you have any questions, contact your specific Grant Manager.
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