FEDERAL EMERGENCY MANAGEMENT AGENCY
Region IV 3003 Chamblee-Tucker Road Atlanta. Georgia 30341
FEMA-STATE AGREEMENT
On September 14, 1999, the President declared that an emergency exists in the State of Florida. This declaration was based on emergency measures performed to save lives and protect public health and safety resulting from Hurricane Floyd on September 14, 1999, and continuing. This is the FEMA-State Agreement for this emergency, designated FEMA-3 143-EM, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 USC 5121 et seq. ("the Stafford Act"), in accordance with 44 CFR 206.44.
1. No Federal assistance under the Stafford Act shall be approved unless the damage or hardship to be alleviated resulted from the emergency that took place on September 14. 1999. and continuing; except that reasonable expenses which were incurred in anticipation of and immediately preceding such event may be eligible.
2. Federal assistance under the Stafford Act and this Agreement shall he limited to the following areas of the State and such additional areas as may be subsequently designated by the Regional Director, FEMA Region IV, John B. Copenhaver:
FEMA intends to coordinate all disaster relief efforts for the purpose of alleviating the hardship and suffering caused by the emergency on the local population, and to provide appropriate assistance for required emergency measures, authorized under Title V of the Stafford Act to save lives, protect property and public health and safety, or to lessen or avert the threat of a catastrophe in the designated areas. Specifically, FEMA is authorized to identify, mobilize, and provide at its discretion, equipment and resources necessary to alleviate the impacts of the emergency. FEMA is further authorized to provide debris removal (Category A) and emergency protective measures (Category B) including direct Federal assistance, at 75 percent Federal funding.
This assistance is for the counties of Brevard, Broward, Dade, Duval, Flagler, Indian River, Martin, Nassau, Palm Beach, St. Johns, St. Lucie, and Volusia.
3. Any Federal funds provided under Title V of the Stafford Act in response to the emergency will be limited to 75 percent of total eligible costs in the designated area.
Eligible costs do not include the straight or regular time salaries and benefits of subgrantees’ permanently employed personnel performing work under section 502.
4. Pursuant to 44 CFR 206.208 if direct Federal Assistance is requested by the State, the Governor certifies that the State will; 1) Provide without cost to the United States all lands, easements, and rights-of-ways necessary to accomplish the approved work; 2) Hold and save the United States free from damages due to the requested work; and shall indemnify the Federal Government against any claims arising from such work; 3) Provide reimbursement to FEMA for the nonfederal share of the cost of such work; and 4) Assist the performing Federal Agency in all support and local jurisdictional matters.
5. Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. § 5170 b & 5173, the State agrees to indemnify and hold harmless the United States of America, as well as its agents and employees, for any claims arising from the removal of debris or wreckage for this disaster. The State agrees that debris removal from public and private property will not occur until the landowner signs an unconditional authorization for the removal of debris.
6. Attached and also made a part of this Agreement are:
Exhibit A, A list of State officials authorized to execute certifications and otherwise to act on behalf of the State
Exhibit B, General Conditions, and
Exhibit C, Disaster Grant Agreement Articles
7. This Agreement may be amended at any time by written approval of both parties.
Agreed:
(Signed) (Signed)
______________________ _____________________________Jeb Bush John B. Copenhaver
Governor Regional DirectorDate: 9-16-99 Date: 9-16-99
FEDERAL EMERGENCY MANAGEMENT AGENCY
Region IV 3003 Chamblee-Tucker Road Atlanta. Georgia 30341
AMENDMENT NUMBER 1 TO THE FEMA-STATE AGREEMENT
FOR FEMA-3143-EMThis is Amendment Number 1 to the basic FEMA-State Agreement for the Emergency FEMA-3143-EM, declared by the President September 14, 1999. The purpose of this Amendment is to set the date of closing for the incident period.
1. Paragraph 1 of the basic agreement is amended to read as follows:
No Federal assistance under the Stafford Act shall be approved unless the damage or hardship to be alleviated resulted from the Emergency that took place on September 14, through Midnight September 16, 1999, when the incident period was closed.
All other conditions remain unchanged.
Agreed:
(Signed) (Signed)
___________________________ __________________________
Joseph F. Myers Paul W. Fay, Jr.
Governor’s Authorized Representative/ Federal Coordinating Officer/
State Coordinating Officer Disaster Recovery ManagerDate: 9-17-99 Date: 9-17-99