STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

RICKSCOTI
Governor
April 25, 2014
Ms. Victoria Bateman, Director of Financial Services
Cape Coral, City of
P.O. Box 150027
Cape Coral, Florida 33990
BRYAN W. KOON
Director
FEMA-1539-DR-FL
FIPS No. 071-10275-00
Re: Third Request for Reimbursement of Overpaid Funds in the amount of
$123,210.49
Dear Ms. Bateman:
The Florida Division of Emergency Management (Grantee) has performed a financial
reconciliation of DR-1539, Hurricane Charley. This reconciliation has found that
$123,210.49 have been overpaid due to project underruns or deobligations.
The Disaster Relief Funding Agreement (attached), ARTICLE XI, Reimbursement of
Funds, specifies that the "Subgrantee shall reimburse to Grantee the sum by which the
total disbursements exceed the eligible costs within forty-five ( 45) days from the date
Subgrantee is notified of such determination."
When the Federal Emergency Management Agency reduces funding for a
Subgrantee's projects, those funds are immediately withdrawn from the Grantee's account
(Smartlink). Repayment of these funds is critical to the overall Public Assistance Program.
If not repaid timely, there may not be enough available funding to cover the eligible work of
other subgrantees.
We understand that you have an active appeal on some of the projects involved in
this overpayment, with a determination still pending from FEMA. Unfortunately, due to
FEMA's immediate withdrawal policy (above), we have no choice but to seek repayment of
these funds immediately. In the event of a favorable determination on the appeal, DEM will
process a payment upon reinstatement of funding by FEMA.
We have enclosed documentation supporting our findings and invoice number CC
1539-R37-3-A is our formal request for repayment. We request that you process the
invoice attached within the standard forty-five (45) days per State guidelines.
DIVISION HEADQUARTERS
2555 Shumard Oak Blvd Tel:850-413-9969Fax:850-488-1016
Tallahassee. Fl 32399-2100 www.FloridaDisaster.org
STATE LOGISTICS RESPONSE CENTER
2702 Directors Row
Orlando. Fl 32809-5631
Ms. Victoria Bateman
April 25, 2014
Page Two
Please address your refund by June 27, 2014 in the amount of $123,210.49 to:
Florida Division of Emergency Management
Attn: FDEM "Cashier''
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
If you have any questions regarding this Reimbursement Request, please contact
Pam Hughes, Public Assistance Grants Supervisor, at (850) 487-2032 or via e-mail at
Pam.Hughes@em.myflorida.com.
Sincerely,
~ _ 1 ~
Bryan W. Koon, Director
Governor's Authorized Representative
BWK/ER/nt
Enclosure: Invoice, Previous Requests, Funding Agreement
INVOICE
STATE OF FLORIDA

Division of Emergency Management
Date: Apr 14, 2014
Invoice#: CC 1539-R37-3-A
To: Cape Coral, City of (FIPS: 071-10275-00)
PO Box P.O. Box 150027
cape Coral, Florida 33915-0027
Projects:
Disaster PVI/ # Federal Share
1539 4889 ($14,914.35)
1539 6400 ($101,200.25)
Total:
Ad min State Share
($82.86) ($828.58)
($562.22) ($5,622.23)
Sub Total:
Line Item Total
($15,825.79)
($107,384.70)
($123,210.49)
Make checks payable to state of Florjda for total amount of:!._ ______
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT
Gowmor
Ms. Victoria Bateman-Director of Financial Services
Cape Coral, City of
1015 Cultural Park Blvd.
Cape Coral, FL 33990
Re: overpayment
Dear Ms. Bateman:
BRYAN W. KOON
Director
November 2, 2012
The attached invoice is in reference to an overpayment for Hurricane Charley
FEMA-FL-DR-1539 (see attachment). Per the Disaster Relief Funding Agreement
under Article XI-Reimbursement of Funds, the subgrantee shall reimburse to the
grantee within 45 days the total disbursement that exceeds the eligible cost of the
project.
Please remit to the State of Florida: $ 123,210.49
Division of Emergency Management
2702 Directors Row
Ol1ando, FL 32809-5631
Attention: Renee Singh, Deputy State Public Assistance Officer of Finance
Please contact Renee Singh via e.mail, Renee.Singh@em.myflorida.com or by
phone at 407-888-3771, should you have any questions or need any additional
information.
Respectfully.

Deputy Bureau Chief
Florida Division of Emergency Management
CS/tea
Attachment
, L 0 It ID A. ,_EC 0 Vi RY . 0 f fl I CI D I V I s I o N H e A D Q U A R T E R s &TATE L001611C$ RESPONSE CENTER
2702 Dini:tot11 Row 2555 Shumard Oak eoulvard 2702 Directors Row
Orl4111<10. Fl Tallahauu. FL 3:23992100 Ortancto, H 32809-5831
'407858-2761 Tel 860-"1881016
INVOICE
STATE OF FLORIDA

Division of Emergency Ma11a9ement
Dilsbl: Nov 2, 2012
lnYO!Qe #: 37
To: Caf>e Caal, Cly (FIPS: 07 l-10275-00)
1015 catural Park BoulE!!IClrd
C'ape Coml, A. 33990
Disaster Pit/#
Admin Line tten'l Toteil
153$
1539
4889 $14,914.35 $82.86 $828.5a
64GO $101,200.25 $56222 $5,622.23
Sub Total
U.ke checks payable lo State of Florida for total amount of:
Si;pte of Florida Public Assistance, 2./0J Direcwrs R01"" t)rk\Jr;.io, P.L '.J.? 109
407-688-3771 Fax:
$15.825.7g
$107,384.70
$123.210..4'1
$123,210Afl
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STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREF..Mt:Nl'
Agreement No. OS-PA-C%-09-46-02-603
CSFA No. 52600308; CFDA Nn.
Subgrantcc: Cape Coral, City ur
FlPS No. 071-10275-00
This AgrL-cmenl is between lhe State of Florida, Department of Community Affairs (hereinafter referred to
al!I the "C'rrantcc") and, the undersigned State Agency or political sul>division uf the Slate (hereinafter referred t.o as
the "Subgrantce"). This Agreement is based on the existence of the l(ltlowing facts and conditions:
A. WHEREAS, Tropical Storm Donnie and Hurricane Charley beginning August 11, 2004, and thcn;atk-r,
had a dcva!ltating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation
of emergency by the Governor in Executive Order 04-182. In consequence of the EVL"nl, the President of the United
States on Auhrust 13, 2004, declared Major Disaster No. FEMA-DR-1539-FT. in all counties in the State of Florida.
As a result, the Public A!!sislnnce Program was made available to eligible applica.nts in these Declared counties; and,
B. WHF..R EAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency
Management Agency govL"TTling lhc use of such funds requires the State to share the costs eligible foT federal
financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHRRF.AS, Thc Gnmlce represents that it is fully qualified and eligible to TCccivc these 1,"T'dnt funds to
provide the services identified hcTCin and agrL"CS to comply wllh all the requirements of this Agreement; and,
D. WHEREAS, the Crrantcc receives thcse grant funds from the State of Florida and the federal
government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Sub1,,rrantces upun
the tern15 and conditions hcrcinattcr set forth; and,
E. WHEREAS, a Budget Amendment bu been prepared and is being considered to provide foT the
necessary funds and authority for this event. UndcT the EmergL"IICY Management Act, as amended, the Department
has authority to administer federal financial assistance from the AgL-ncy cumrequent to a presidential declaration of
disaster.
NOW, TIIEREFORE, the Grantee and Subgrantcc, ha.<1cd upon the cxi!llence of the foregoing conditions,
do ftuther agr-ee to the following:
ARTICl,E I. Deflnltfnm11. As used in this Agreement, the following temu; shall have the following
meanings unless another meaning is specified cl!tcwhere:
A. "Eligible activitic11'
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aru those activities a11thorized in the FEMA-State Agreement. and in the Robert T.
Stafford Disaster Reliefand Emergency A$sistancc Acl, Public Law 93-288, as amended, 42 U.S.C. 5121-5201;
44 C.F.R. Part 206; and applicable policies of the Federal Erm..-rgency Management Agency.
B. "FF.MA-State A!,'TCcmcnt'' is !he agn:emenl dated August 14, 2004, between the Federal Emergency
Management Agency and the Stale ofl<"Jorida, for the Major Disaster No. FRMA-1539-DR-FL.
ARTICL.IL II. AppUuble Law. The parties agree to all the conditions, obligations, and d11ties imposed by
the FEMA-Statc Agreement and all 11pplicable state and federal legal requirements including, without any limilalion
on the generality of the fore-going, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the J1ede1-al
.Emergency Management Agency.
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ARTICLE Ill, Funding and Insurance. Granlcc shall provide fundi; to the Subgrantee for eligible
activities for the appmvcd by the Grantee and the Federal Emergency Management Agency, as specified in
the approved Project Worksheets. Allowable cost'I shall be determined u per 44 C.F.R. Pam 13 and 206.
A. The approved Project Worhheets shall be transmitted to Subgrantee, and 5hatl state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Ai,.'Tccmenl. J:lroject Workshecls
may obligate or deobligate funding, thereby amending the total fun<ling for the project. The approved Project
Worksheets shall document the total eligible costs 11.nd the total federal share of those costs, which shall be seventy-
five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appmpriatlon by the
Plorida Legislature, the Grantee may provide some portion of any nonfCdt.'Till share for local government and private
non-profit Subbrrantccs. As a condition of receipt of Lhe federal funding, the Subgrant.ee agrees to provide any
nonfederal share riot paid by lhe Grantee.
B. As a condition to ftwding undeT this Agreement, the Subbrrantcc 11.grees that the Grantee may withhold
funds otherwfac payable Lo Subgrantee from any di11butsement to Grantee upon a determination by Grantee or Federal
Emergency Management Agency that timw exceeding the eligible co11ls have been disbun;cd tu Subgrantee puri;uanl
to Agreement or any other funding Hbrrcement administered by Grantee.
C. As a further condition to funding under this the Subgrantee agrees to procure insurance
sufficient foT the type or types of hazards foT which the disaster wa!il declared to cover a11y and 11.ll projects to be funded
under this Agreement where insurance is available and reasonable. Suhgrimtee shall provide Grantee with a certificate
of such insurance as a condition to funding un<ler lb.is Agreement.
ARTICLK IV. Duolication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for c.lamage covered by insurance, nor may Subi,.rrantce Tect:ive any other duplicate benefits under
this Agreement.
A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensaticm or indemnification from such insurance.
Subgrantec 3ha1t rt.-imburse Grantee without dcllly for any duplicate benefits Subgrantee ma.y receive from any other
source for any d.amllgc identified on the applicable Ptoject Worksbeets for which Subgrantee received payment
from Grantee, to the extent of any such duplication.
B. In the event Lhat Grantee should determine that Subgrantee has received duplicate benefits, by its
execution of this Abrrccmenl the Subgrantee gives Ordnlee or the Chief Financial Officer-Department of Financial
Services of the Stale uf Florida the authority to set uff the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing lo Subgrantee.
ARTICLE V. Comoljance with Environmental, Planning, add Permlttini Laws. Subgrantee shall be
responsible for the implementation and completion of the approved projt.-cls described in tbe Project Worksheets in a
manner acceptable tu Grantee, and in accordance wilh applicable legal requirements. The contract docllillents for any
project undertaken hy Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consiscent with
the local govemmt."llt Coiilprehensive Plan. Suhgrantee shall ellSUre that any development or developmt."'Ilt order
complies with atl applicable planning, permitting and building Subgrantee shall engage such competent
engineering, building, aud other technical and professional assistance at all project sites as may be needed to e.nslU'e
that the project complies with the contract docwm:nts.
ARTICLE VJ. Required Documentation, Reviews. and lnsucgjons. Subgranlce shall create and
maintain documentation of work performed and costs incurred un each project identified in a Project Worksheet
sufficient to permit a formal audit comporting with ordinary, cu .. tomary and prudent public accounting requirements.
Upon the failure of Sub grantee to create and maintain such documentation, Grantee may terminate further funding
under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed eaTlicr to Subgrantee,
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together with any and all accrued interest.
A. Subgrantcc shall submit the following documentatiot1 foT Large Projects (the Smatl Project threshold for
this declaration is $.54,100).
1. A Request for Advance or Reimbursement conforming to the attached sample.
2. A Summary of PocumcnllltionForm conforming to the sample attached to this Agreement as
Attachment B, which sJ1all be supported by original documents such as contract documc.."IllS, invoices, purchase orders,
change orders and the like;
3. A request for final inspection;
4. A signed Project Completion anJ Ceitiflcation Report upon the completion of all projects; and
5. The Project Completion and Certification RepoTt specified by Paragraph B of this Article.
B. For all projects, Subgrantee shall state on the "Project Comp1etiun and Certification Report" that all WOTk
was performed in acconlance with this Agreement and the requirement'> in each P1'0ject Worksheet, and shall state the
date of completion. ,
C. Grantee will .inspect Small Projects by random selection, and will conduct the final .inspedions on Large
Projects, to ensure that all work has been pLTfonned within the scope of work specified on the Project Work11hccl.8.
Costs not within the approved scope of work shall not be reimbursed. _
ARTICJ,E Vil. Cost Sharing. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be seventy-five (75) percent, unless a higher percentage is approved, of such cost-; and dle
nonfederal share sha11 be the remaining amount. Payment of all OT a specified portion of the nonfederal share of 11uch
costs is contingent upon a potential fut1.1re State appropriation defining the apportionment of the nonfederal share.
Administrative costs in adJition to the Project Worksheets that are otherwise eligible under 44 C.11.R. Part 206 and do
not require matching funds may also be funded by FRMA.
ARTICLE VIII. Payment of Cost11. Grantee shall disbunic the eligible costs to Subgrantee in accordance
with the following proccdun:11.
A. Grantee sha.11 disburse the federal and nonfcderal shires of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution of this Agreement and fonnal notification by the f?ederal Emergency
ManagcmL'1ll Agency of its apprnval of the pertinent Project Worksheet.
B. Grantee shall reimburse Subgrantec for the federal and nonfcderal shares ofthc eligible costs for T.1ngc
Projects all soon as practicable after Subgrantee has deliv(.."Tcd the following documents to Grantee:
1. A Request for Advance or Reimbursement Form confonning to the sample attached to this
Agreement as Attachment A;
2. A Summary of Documentation Form conforming to the sampJe attached to this Agreement which
shall be supported by original document5 such all contract documents, invoices, purchase onfors, change orders and the
like; and,
3. A letter or notification certifying lhar the reported costs were incurrc::d in the performance of
eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not e:icceeding the federal share if
Subgrantec meets the following conditions:
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I. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that
funds arc disbursed to project vendors, contractors, and subcontractors without delay;
2. Subi,rranlee shall submit to Grantee the budget supporting the request;
3. Subgrantee shaH 1i:ubmit a statement justifying the advance and the proposed use of the funds, and
specifying the amount offtmds requested;
4. Subgrantcc shall submit a completed Requc8l for Advance or ReirnburscmL'lll Form; and,
5. Subgranlee shall pay over to Grantee any interest earned on advancL"S for remittance lo the
Federal F.mcrgency ManagcmL'lll Agency as often as practicable, and i11 any event not later than ten ( 10) business
after the close of each calencbtr quarter.
D. Subgrantcc may make improvements to the project facility in conjunction with its restoration of the
facility toils pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee.
E. In any case in which Sub grantee certifies to Grantee in writing that the restoration of a damaged public
facility to its pre-disaster condition is not in the best interest of the public, Suh grantee may request Grantee and the
Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R Part 206 before
the conunenccmcnt of any work.
F. Grantee may, in its discretion, withhold its portion of the nonfodcral share offunding under this
Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement wa.<1 improper.
ARTICLE TX. 111nal Payment. Grantee shall disburse the final payinent to Subgrantec upon the
performance of the following conditions:
A. Subgrantce shall have completed the project;
D. Subgnmtce shall have: submitted the documentation specified in Articles VI and VllI of this Agreement;
C. In the case of Large Projects, the Grantee shall have performed the final inspection;
D. ln the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or
Grantee sha11 have performed a final inspection; 8Jld,
E. Subgrantee shall have requested final reimbursement.
ARTICI,E X. Records MainleHaoce. The funding of eligible costs under I.his Agreement and the
performance of all other conditions shall be subject to the following requirement.<1, in addition to such other and further
requirements as may be imposed by operation of law:
A. The "Unifom1 Administralive Requirements for Grant.'i and Cooper.1tive Agreemcnl9 to State and Local
GovemmL11ts," as codified in 44 C.F.R. Part 13, as amended;
H. Office of Management and Budget Circular No. A-87, "Coi>t Principles for State and Local
Governments,'' as amended;
C. Office ofManagemcnl and Budget Circular No. A-110, ''Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher F.duc1ttion, Jlospitals and Other Non-Profit Organizations,"
as amended; and
D. Office of Management and Buuget Circular No. A-122, "Cost Principlc:s for Non-Profit OrganiT.ations,"
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as amended.
E. Subgrantee will maintain all documentation conceming the projcct.'l fumk.-d under this Agreement until the
occurrence of the following event$, whichever is the later:
I. The completion of final inspection and final audit, and the final rcsolulion of any issues identified
in the same; or,
2. The expiration of three (3) years fi-om the date of final dishursL"Tilcnl under r.his Agreement.
F. Suh!:,rrantec shall make all documcnlation com::aning the projecLS funded under this Agreement available
and a.ccc!lsiblc to the Comptroller CknL"Tlll of the Uni Led Slates, lhe Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5:00 p.m. nn weekdays other than ofiicial holidays.
ARTTCJ,E XI. of Funds. lfupan final im1pcclion, final audit, or other review by G!'antee,
the Federal Emergency Management Agency or other authority determines I.hat the disbursements to Subgrantee under
this A!,.rrccrncnt exceed the clibriblc costs, SubbJTanlcc shH.11 reimburse lo Grantee the sum by which the total
exceed the: eligible: co11ts wilhin (45) days from the date Subgrantee is notified of such
detennina tion.
ARTICLE Xll. A!!!fil. Subgrantee shall submit n.n Audit of Agreement Compliance to Grantee, and !lhall
have an independent audit performed by a Certified Public Accountant if its total expenditures of foderal financial
for the m11Kt recent fiscal year equal or exceed $500,000.00.
A. Subi,.JTantee will conduct the audit in accordance with the following requirements:
I. The standanls c11tabfahcd by the Comptroller General of the United States, as specified in the
General Accounting Office Stamlar<l.s for Audit of Governmental Organizations, Programs, Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of 11.42 Fla. Stat., and the Rules of the Auditor General;
4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C.
7501-7507, to the extent here applicable; and,
5. Office of Management and Audget Circular No. A 133, as amcmfod, lo the extent here applicable.
B. The audit shalt be identified by the 111.Tial conln\Cl identification nmnber for this Agreement. lfthe
Subgrantce is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due nol latL-r than seven (7) months after the close of the fiscal year for Subgrantcc
except where Grantee and Suht,>Tantcc have mutually agreed upon another date.
D. Sub granLee sliall conduct such additional audits as Grantee or the Federal R111CTgcncy Ma.nagemenL
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Sub
grantee has in place to protect its assets and to ensure cnmpliancc with this Agreement.
E. If Agreement is closed out without an audit, Grantee may recover from Sub grantee any disallowed
costs identified in an audit after such closeout.
ARTICLE XIll. Noocompliance. If the Sub grantee this AgrccmL'llt or any legislation, l'egulation,
statute, rule or other legal requirement applicable to the performance of this Ai.rrcement, the Gr.mtec may withhold any
disbursement otherwise due Sub grantee for the project with respect to which the violation has occurred until the
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violation is curctl or has otherwise come to fmal resolution. Tf the violation is not cured, GrMtee may tcim1inale this
Agreement and invoke its remedies under the Ab'TCCmt,'Tlt 11.S per Articles XVIII and xxm of this Agreement.
ARTICLE XIV. l'.!ondiscriminatiun by Contractors. Subgrantee shall undertake an 11.clive program of
nomliscrimination in its administration of disaster as11istancc: under this Agreement, as per 44 C.F.R. Parts 7 and 16,
and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Adminisltative
Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification. The time forp1.-rlUmiance of this Agreement may be cxti.-ndc:d once unless
the failure: of Subgra.ntee to close out the pt"oject is caused by events beyond its control. I\ modification extending the
Lime for completion of the project and any other moilificalion shall be in writing, ;md 5hall take effect only upon
execution by both pa11ies. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion
ofd1e Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in
a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be
in writing and shall be tu the s8.Jile terms and conditions as those 11ct out in the initial Agreement.
ARTICJ,E XVI. Time for Performance. Time shall be of the essence of this Agreement and of the
performance of all conditions under it. Subject to any modification extending the lime for the performance of this
Agreement approved by Grantee or the Fcd1,Tlll Emergency Management Agency, the time for the performance of
emergency work shall be six ( 6) montlrs from the date of Lhe Presidential Declaration. The time for the performance of
permanent work shall be eighteen {18) monlhs from the date of the Presidential Declaration. For Large Projects the
Summary ofD(l(:umentation and the Hupporting documents identified in Article Vl of lhis Agreement shall be
submitted to the Grantee not later !him sixty (60) days after tl1e date of the last modification extending the Agreement.
Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the complcti(m of
all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later.
The time for the performance of this Agrec:mc:nt may be extended for cause by Grantee. &tensions shall not be
approved for delays caued for lack of cost-share funding. If any request is denied, Subg.ran.tee shall be
reimbursed for eligible project incurred up to the latest approved date for completion. failure to complete any
project will be adequate cause for the termination of funding for that project.
ARTICLE XVII. Contracts Wltb Others. If the Subbrrantcc contracts wid1 any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into
its contract with such conlrdclor or vendor an indemnification claw1c holding Gl'antee and Subgrantee harmless from
liability to third parties for claims 11.sser1ed under such contract.
ARTICLE XVJTI, Termination. Ilid1er of the parties may terminate this Agreement by notice in wriling
delivered to the address specified in Article XXV of this Agreement. Such tcnnination shall take effect tli1rty (30)
days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the daLc of I.he notice of termination.
ARTICLE XIX. Liablllty. Grantee assumes no liability to third parties in comtection with this Agreement.
Unless the Subbrrantcc is 11. governmental entity covered by 761t28(5), Fla. Stat., the Subgra11tee shall be solely
respon5iblc to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement.
Unless the Subgrantcc iM a governmental entity within the meaning of the preceding sentence, Subgrantcc shall
indemnify Grantee form claims asserted by lo !hi.rd parties in connection with the perfonnance of this Agreement,
holding Grantee and Subgrantee harmless from I.he same. Also:
A. For the purpose of this Agteement, the Grantee a11d Subgrantcc agree that .neither one is an employee: or
agent of the other, nor that each one stands as an independent contractor in relation to the other.
R. Nothing in this Agrci.'IDcnt shall be constmed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shall anything in th.is Agreelllent be com1ent by eid1er of the parties to be sued by third
patties in connection with any matter arising from the perfonnancc ufthis Agreement.
C. Subgrantce r1,"Presc:nts that to the best of its knowledge any substances at its project site or sites
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are present in quantilies within stan1tory and regulatory limitations, and do not require rcmcdi11l action under any
federal, state or local legal requirements concerning such substances. Subbrrantcc further rcprcst.-nts that the presence
of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in
acco1dance wlrh all applicable legal requirement<;.
ARTICLE XX. Reports. Subbrrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as
Subgrantee ls notified. All subsequent Quarterly Reports shall be due no lalt:r than fifteen (15) days after each
calendar quarter thl'oug.h final inspection. Quarterly Reports shall mdicatc the anticipated complerlon date for each
project, together with any other circumstances that may affect the completion date, the scope cf work, the project
costs, or any other factors that may affect compliance with this AgJeement. Interim inspections shall be scheduled by
Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly
Reports. Grantee may require additional reports as needed, and Suhgrantcc sh11tl provide any addltlonal repo11s
requested by Grantee as soon as practicable. Wjth rel'lpect to the Rcque11l for Advance o.r Reimbursement, the
Summary of Documentation, and the Quarterly Reports, the contact for Gr11ntcc will be the State Public Assistance
Officer.
ARTICLE XXI. Standard Conditions. Subgnmtec agrees lo the following conditions:
A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the and the to Grantee of federal funding in accordance with 252.37(4),
Fla. Stat.
B. Bills for fees or other compcnMalion for services er expenses must be submitted in detail sufficient for a
proper pre-audit and post-audit.
C. Grantee may terminate this Ai,rreemc:nl for refusal by the Subgrantee and its c<mtracturs 11nd
subcontractors to aUow public inspection of any records subject to the disclosure requiremeuts in I l 9.07( l ), 1''la.
Stat. that arc made or received by Subgnmtee or its c1mtraetors and subcontractors in connection with this Ai,'fcement.
Substantial evidence of noncompliance by Sub grantee or it<! contrdetors and subcontractors with these requirements
shall constlrute the nonpe1fonnance of a condition under this Agreement, and shall be adequate cause for termination.
D. Subgrantee abrrees that n(l tUndR di11burscd to il under this Agreement will be used for the purpose of
lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any
officer or employee of Congress, or any employee of a Member of Congress, in com1ectio11 with this Agreement or any
modifications to this Agreement.
E. Subgrantee certifies that it possesses the legal authority to receive the funds.
F. Subgrantee agrees that responsibility for compliance with this Ai,rrcemcnt rests with Subgrantee, and
further agrees that noncompliance with this Agreement shall be cau.<ic fbr the rescission, suspension or termination of
fimding under this Agreement, and may affect eligibility for fumling under future Subgrantee Agreements.
ARTICLE XXII, '.!!!!!!.. This Agreement shall tak.e effect upon its execution by both parties, and shall
terminate upon approval of closeout by the Federal .Emergency Management Agency, unless tenninated eaTlicr llll
specified elsewhere in this AgTeement. Subgnmtee shall conunence project(s) specified by this Agreement without
delay.
ARTICl.E XXIII. Events of Default. Reme<1tes. apd Termination.
A. Upon the occurrence of any one or more of the following event.'!, all obligations of Grantee to disburse
further tiJnd11 under this Agreement shall terminate at the option of Grantee. Notwith.11tamling the preceding sentence,
Grantee may 111 its option continue to make payments or portions of payments aikr the: occw:rence of any 011e or more
7
..
such events without waiving the right Lo exercise such remedies and without incurring liability for further payment.
Grantee may at its option terminate this Agreement and any and all funding under I.his Agreement upon the occurrence
of any one or more of the following:
1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Subgrantee suffers any material adverse change in its fmanciaJ condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee:,
ifSubgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3. Any repo11s required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate information; or,
4. The monies necessary lo fund this Agreement are unavailable due to any failure to appropriate or
other action or inactio11 by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
D. Upon the occurrence of any one or more of the following events, Grantee may at its option give notice in
writing to Subgrantee to cure its failure of J:>erfonnance if such failure may be cured. Upon the failure of Subgrantcc
to cure, Grantee may exercise any one or more of the following remedies:
1. Ti,"IIIlinalc this Ai,rn:emcnt upon not less than fifteen (15) days notice of such termination by
certified letter to the Sub..,YTantce at the address in Article XXV ofthi!I Agn::cmenl, notice lo take effect
wlien delivered to Subb'Tantee;
2. Commence a legal action for the judicial enforcement of this Agn:cment;
3. Withhold the disbursement of any payment or any portion or a payment otherwise due and
payable under this Agreement or any other Ab'TCcmcnt with Suhgnmlcc; 11.nd,
4. Take any other remedial actions that may otherwise he available under law.
C. Grantee may tem1inate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal reqllirement.
D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within
the meaning of the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any
deubligation of fumis or other detemtlnation by the Federal Emergency Management Agency shall be addressed in
accordance with the regulations of that Agency.
Il. Upon the rescisslon, suspension or termination of this Agreement, tbe Subgrantee shall refund to Grn.nlce
all filnds disbursed to Subg.rantce under this Agreement.
F. The venue of any action or proceeding by either Grantee or Suh,bJTantcc for cnforccmcnl of this Agreement
or for adjudication of rights, interests, or duties of the parties t.o it shall lie in Leon County, Stale of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the m1eission, Slll>l'r..-nsion or
termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of
fund<i advanced to Subi:.>rantce under this Agreement, and Gnmlcc IIlB y set off any such funds by withholding future
disbursements othl-rwisc due Subgr.i.nlcc under this Agret."lllent or any other Agreement until such time as the exact
amount ofrcstitution due Grantee from Suh!,>r.i.ntce i11 dctL"Tl11incd. In the event the l'ederal Emergency Management
Agency should deobligatc funds frmncrly allowed undi,-r this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subbrrantcc shall immcdialcly ri,-pay such funds lo Grantee. lfthe
Sub!,'l"antcc fail" to repay any !iUCh funds, then Grantee may recover the same from funding otherwise due Subgrantee.
ARTICLE XXIV. Attachments.
A. All 11ttachmenl11 lo lhi11 Agreement are incotporated into this Agreement by reference as if set out fully in
the text of the Agreement itself.
8
.,
8, Jn the event of 111y inc:on&iltencies between the lang111ge oflhill Aarccmcnt 1nd the Attachmentl to it, tho
l1111Piaae oftbe Attacbmmnl lhalJ be but only to the extent of such
c. Thia Acreement has the following aaachmeDIB:
l, Aitachment A "'Roqueet for Advance 01 Reirn'b\1rlen'lem"
2, A1tac:hment B "SllJRmlP')' of Documentation Claimed"
3. Atlllchmc:nt C "Qwntcrly Rapart Form"
4. Auachment. D ''Subpanlee Amu&ll Budget Projcctiua Fmm"
Nater. All otbet graur admint1tr1tive fotml wW be provided by Ciraotoe as necessll)' or posted o.n
the DEM website: www.flprldadiaster.om. The 111bgnnroe may be provided the option ofUJlng eiectroolc forms
placed on our ln.ternel based document nwiagement aystom at: tmp://dc8D111d!upmplipt,orJ.
ARTICLE xxv. NoUg pd Cgnttc;t All DOtlccs wider tbJI Agteemtnt &ball be ill Wl.itlllg and shall be
doliverod by Imernet, by teJetae1imile, by lwxi, or by cenit1ed Jens 10 the !ollowiag respec;tlve llddresses.
n>R Tm GRANnll::
W. Crail Fusata, Director
Division of'BmeT1ency Management
Departmmt of Conmmity Aft"ain
2555 Sbumard Oak Blvd
TalWvuisee, Plodda 32399-2100
FOR THE Sl1BGRANJEE:
Terrance Stewart. City Manager
-crf-of c:ape eo-i&:r ..
101! .. -:
Cape Coral , FL 33990
11 its primuy sent. 111111 Jeirignalel Linda Sl!nne u iur l.lletmte agect, to uecuce any Request
for AdvlDK.'C or Kcimbuncmcnt., ccrti1\c:alimi, or uthcr neccuary doeumettta\ion.
IN WITNESS HEREOF, the Gramee and SubpuCH cxowtcd thi11 Agn:cmc:nt:
FOR TR! GRA.NTJ;R;
DEPARTMENT OP COMMUNITY AF.FAIRS,
Sllwc or 1
1
Jorida. a
1
:

Diviaian or timersency Manll.8\-"llL'DI
JO ,,.,.-v.1
. ...... -. ---
(Dmic)
PvbJ.!c Aailtaoce Program
Program
AWROVBD AB TOPORM;
9
FLORIDA
October 1, 2004
Disaster Field Office
ATTN: Del Streid, Public Assistance
100 Support Lane
Support Center
Orlando. FL 32809
Re: Disaster Relief Funding Agreement
Dear Del Streid:
City of Cape Coral
Enclosed is the original signed Disaster Relief Funding Agreement from the City of Cape Coral
and the minutes approving this agreement, as indicated in your letter dated September 15.
2004.
I spoke with Gary Freerksen, Deputy State Public Assistance at (407) 858-2817, and I explained
to Mr. Freerksen that our City Clerk's Office has requested that the original agreement be
returned to the City of Cape Coral. after it has been signed by W. Craig Fugate, Director of
Emergency Management.
Mr. Freerksen stated it should not be a problem to return the original agreement to the City after
it has been signed and scanned. Please return the signed original agreement in the envelope
provided to:
Mark C. Mason, Financial Services Director
City of Cape Coral
PO Box 150027
Cape Coral, FL 33915-0027
Should you have any questions, please contact me at (239) 574-0497.
Sincerely,
, FINANCIAL SERVICES DEPARTMENT
"

Donna Fuhrmann
Administrative Assistant
/dsf (Disaster Relief Funding Agreement)
Enclosure(s)
C; Lynne Jennings, City Clerk's Office
Financial Services City of Cape Coral P.O. Box 150027 Cape Coral, Florida 33915-0027
(239) 574-0497 Fax (239) 574-0734 www.capegov.org
Co-County Seat - Lee County. Florida
(
\
MEE.TING DATE
9/27/04
Consent Agenda Item
AGENDA REQUEST FORM
City of Cape Coral, Florida 11rt\\)
DPO
Admin Discussion Item l:l INTRO ___ _
Personnel Action l:l PH
Committee of the Whole l:l PH
.
TITLE:
I
Disa$ter Relief Funding Agreement for Federal and State a$$istance for Hurricane Charley (FEMA1539-DR-FL).
REQUESTED ACTION:
I
Motion to approve entering into an agreement with the Department of Community Affairs, State of Florida and to authorize Mark C.
Mason, Financial Services Director as the authorized agent (primary agent) and Linda Senne, Controller 8$ the alternate agent for
the City of Cape Cor.;il.
SUMMARY EXPLANATION AND BACKGROUND;
I
1. The funding agreement will provide funds for eligible disaster relief activities specifically describe in approved Project
Worksheets.
2. The authorized agent (primary agent) will be the person responsible for signing all official documentation sent to the
Department of Community Affairs (request for payment, time extension requests, certification of Project Listings, etc.) and
ensuring documentation is available for Final Inspection and audit.
LEGAL COMMENTS:
I
I -
' J r--fJ, YfW; a:
Reviewed By: - ,-1 : -........
Marilyn Miller, .f.slit. City Attorney
EXHIBITS: (LIST)
I
1. State of Florida, Department of Community Affairs, Disaster Relief Funding Agreement
PREPARED BY: SOURCE OF ADDlnONAL INFORMATION:
---
-
Mark Mason. Financial Services Directot 574-0491
Name, Title Date
SUBMITIED BY:
I
-
SJ Q \r -
*-

rl2;/a_tt
k.
./ ...
-""' ';-
i
Terry Stewart, Citv Manaaer (\ ql:::l1b\( Date Dat.t'
COUNCIL ACTION:
...
I
r
-

Bonnie J. Vent, Date
-'-- ...............
.. -- ..-
l
VOLUME: LVll
PAGE:374
SEPTEMBER 27, 2004
(12) Approve City's counter offer to Contract for Purchase, Lots 94, 95 and 96, Block
2969A, Unit 42, Cape Coral Subdivision, CHIQUITA BL NORTH,(Public Works -
North Cape Government Complex), Dollar Value: $28,428.00
(13) Approve City's counter offer to Contract for Purchase, Lots 65 and 66, Block 29698,
Unit 42, Cape Coral Subdivision, 1512 NW 23rd Street,(Public Works - North Cape
Government Complex), Dollar Value: $35,535.00
(14) Approve City's counter offer to Contract for Purchase, Lots 49 and 50, Block 2969A,
Unit 42, Cape Coral Subdivision, CHIQUITA BL NORTH,(Public Works - North
Cape Government Complex), Dollar Value: $17,767.50
(15) Approval to pay settlement costs for eminent domain suit on Parcel #79,(Strap:
144423C1005000560) of the Pine Island Road Utility Expansion Project, Dollar
Value: $11,548.48
(16) Approval of Change Order #5 to Neubert Construction Services, Inc. for the Country
Club Boulevard Improvements - Median Curbing and Sidewalks Project, Dollar
Value: $175,000.00
(17) Approval of the Renewal of West Coast Inland Navigational District (WCIND)
Funding, in the Amount of $91,500 for FY 2004-2005, Police Department, Dollar
Value: Receipt of $91,500
(18) Kiwanis Club of Cape Coral Application, Parks and Recreation, Dollar Value:
NIA
(19) Disaster Relief Funding Agreement for Federal and State Assistance for Hurricane
Charley (FEMA-1539-DR-FL), Finance, Dollar Value: NIA
Counc/I Member Tate moved, seconded by Council Member Day to approve Consent
Agenda Items 1a, b, c, d, e, f, g, 2, 3, 4, 5, 6, 7, B, 9, 10, 11, 13, 14, 15, 16, 17, 18and19.
Council polled as followed: Stevens, Tate, Asfour, Boyd, Day, Kempe, LePera and
Rosado voted
11
aye
11
All "ayes". Motion earned.
CITIZENS INPUT TIME
Dolores Bertolini, resident, noted that Florida had just experienced an unprecedented event
by being hit by four hurricanes to date. She discussed her concerns regarding
residents with special needs and pointed out that these people need to pre-register
in order to enter a shelter that would be able to assist them with their special needs.
She stressed that the City should have a local shelter for residents with special
needs.
John Barth, resident, discussed an experience he had last Friday while traveling across the
Mid-Point Bridge. He explained that there seemed to be a bottleneck at the
intcrcu:i.l"'tinn nf rnlnni""'I J:ln11la.uuA r.1.nn ~ ....... ,...,..r1;" C n ~ r l ;,., C'r...+ llA.,,..,... +h.-.+ ,.......,...,.+ ... .-.