HomeMy WebLinkAboutReso 2001-393
RESOLUTION NO. 2001--39.3
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE ON
BEHALF OF THE CITY, AN AGREEMENT WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
ATTACHED HERETO AS EXHIBIT "A", FOR DISASTER
RELIEF FUNDING; PROVIDING THE CITY MANAGER THE
AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Federal and State funds are available to the City of Sunny Isles Beach
("City) fOfthe damage caused by natural disasters; and
WHEREAS, the City seeks reimbursement of funds from the Department of Community
Affairs for approved natural disasters; and
WHEREAS, a Disaster Relief Funding Agreement is necessary in order to request
reimbursement of funds for the damages sustained during natural disaster #FEMA-1345-DR-FL
(unnamed storm) that occurred on or around October 4,2000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of the Mayor. The Mayor is hereby authorized to execute an
agreement with the Florida Department of Community Affairs for Disaster Relief Funding,
attached hereto as Exhibit "A".
Section 2. Authorization of the City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate the agreement.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
ATTEST:
~6~!~lk
Richard Brown-Morilla, City Clerk
R200 1- Disaster Relief Funding Agreement
1
APPROVED AS TO FORM AND
LEGAL S FICIENCY
VOTE: 5--0
Mayor Samson
Vice Mayor Kauffman
Commissioner Edelcup
Commissioner Goodman
Commissioner Iglesias
R200 1- Disaster Relief Funding Agreement
V(Yes)
V'(Y es)
~(Y es)
~(Y es)
--.0Y es)
Moved by: ice rY\AA1b-R. ~FFm~
Second by: Cnm~ '5:, f)m.R c;oo'hmMJ
_(No)
_(No)
_(No)
_(Np)
_(No)
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Florida
Department of Community Affairs
Contract No. Ol-RK-L5-11-23-02-034
DlSA~HR RELIEF FUNDING A~E~F.NT
This Agreement is between the State of Florida, Department
of Community Affairs (the -Grantee") and. Ciey of Sunny Z.les
Baach (the -SubgranteeU). This Agreement is based on the
existence of the following conditiona:
The South Florida Floods had a devastating impact upon the
State of Florida. The severity of the damage and losses resulted
in a declaration of emergency by the Governor in Executive Order
00-297. In consequence of the South Florida Floods, the
President of the United States declared the South Florida Floods
a major d1saater in the following counties: Miami-Dade, Broward.
Monroe, and Collier. The Public AssiDtance Program was made
available to eligible applicants in thc counties of Miami-Dade
and Broward.
The Agreement between the State of Florida and the Federal
Emergency Management Asency governing the use of ~uch fundR re-
quires the State to share the costs eligible tor federal
financial assistance, and the Staee has undertaken to share those
costs with its Subgrantces.
A Budget Amendment has been prepared and is boing considered
to provide for the necessary funds and authorities for this
event. Under the Emergency Management Act, as amended, the
Department has authority to administer tederal financial
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assistance from ~he Agency consequent to a presidential
declaration of disaster.
Based upon the existence of the foregoing conditions. the
parties agree to the following:
ARTICLE t. Definitions. As used in this Agreement. the
following t:.erms shall have the following meanings unless another
meaning is specified elsewhere:
A. NEligible aetivities-, ~T.e Lhose activities authori3ed
in the FEMA-State Agreement, and in the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, PUblic Law 93-288,
as amended 42 D.S.C. 5 5121-5201; 44 C.F.R. Part 206; and
applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement of OCtobC4 9,
2000 between the Federal Emergency Management Agency ~nd che e
State of Florida, for Disaster No. FEMA.'1345-DR-FL.
ARTICLE II. APPLICABLE Law. The parties agree to all the
conditions, Obligations. and duties imposed by the FEMA-St:.Qte
Agreement and all applicable state and federal legal requirements
including, without any limitation on the gencr~lity of the fore-
going. the requirements of 44 C.F.R. Par~6 13 ana 206, ana the
policies of the Federal Emergency Management Agency.
ARTICLE III. FUNDING and INSURANCE. Grantee shall provide
funds to the Subgrantee for eligible activities fOr the projects
approved by the Grantee ana the Federal h~erg€ncy Management
Agency, as specified in the approved Project Worksheets.
Allowable costs shall be determined in accordance with 44 C.Y.R.
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Par~s 13 and 206.
A. The approved Project Worksheets sh"ll be transmitted to
SUbgrantee, and shall state the cumulative funding allowed. the
scope of the eligible project, and the costs eligible under this
Agreemene. Projecc Worksbeets may obligate or deobligate
funding, thereby amending the t.otal amount: of funding. The
approved Project Work~heetB shall document the total eligible
coses and the total federal share of those costs, which shall be
seventy-five (75) percent: of all eligible costs_ Contingent upon
an appropriation by the Florida Legislature, the Grantee agrees
to provide one-half of ~ny non-Federal share for local 9overnmcn~
and Private Non-Profit Subgrantees. As a condition of receipt of
the funding, and contingent upon an appropriation by the Florida
Legislature where required, the Subgrantcc similarly agrees to
provide any non. Federal share not paid by the Grantee.
B. As 3 condition to funding under this Agreement, the
Subrantcc agrees that the Grantee may withhold funds otherwise
p~yable to Subgr"ntee from any disbursement to Grantee upon a
determination by Grantee or Federal Emergency Management Agency
thae f.unds exceeding the e11gible costs have been disbursed co
Subgrantee pursuan~ to this Agreement or any o~her funding
agreement administered by Grantee.
C. AD a further condition to funding under lhio Agreement,
the subgrantee agrees to procure insurance sufficien~ for the
~ype or types of hazards for which the disaster was declared to
COVer any and all projects to be funded under this Agreemenl
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where insurance is available and reasonable. Subgrantee shall
provide Grantee wieh a certificate of such insurance as a
condition to funding under this Agreement.
ARTICLE IV. DUPLICATION OF BENEFITS PROHIBTTJO~. Suhgranl:.ee
may not receive funding under this Agreement to pay for damage
covered by insurance, nor may Subgrantcc receive any other
duplicate benefits under this Agreement.
A. Subgrantce shall without delay advise Grantee of any
insurance coverage for the damage idencified on the applicable
Project Worksheets and of any entitlement to compensation or
indemnification from such insurance. Subgrantee shall reimburse
Grantee without delay for any duplicate benefits SUbgrantcc may
receive from any other source for any damage i~entified on the
applicable Project Worksheets for which subgrantee has received
payment from Grantee, to the extent of any such duplication.
B. In the event that Grantee should dete~ine that
Subgrantee has received duplicate bcne!its, by its execution of
this Agreement the Subgrantee gives Grantee or the Compt~oller of
che State of Florida ~he auchori~y to set off the sum of any such
duplicate benefics by withholding it from any other funds
otherwise due and owing to Subgrantee.
ARTICLE V. COMP.LIANCE WITH ENVIRONMENTAL. PLANNING AND
PERMITTING LAWS. Subgrantee shall he responsible for ~he
implementation and complccion of the approved projects described
in the Project Worksheets in a manner acceptable to Grantee, and
in accordance with applicable legal requirements. 1~e contract
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documents for any project undertaken by Subgrantee, and any land
use permitted by. or engaged in by Subgrantee, shall be consistent
wieh the local government Comprehensive Plan. Subgraneee shall
ensure that any development or developmene order complies with
all applicable planning, permitting and building requiremenes.
subgrantee shall engage such competent engineering, building, ~nd
other eechnical and professional assistance a~ all project sites
as may be needed to ensure that the project complies with the
contract documents.
ARTICLE VI. Reauired Documentation. Reviews. and
Inspections. Subgrantee shall create and maintain documencation
of work performed and costs incurred on each project identified
in a project Worksheet sutficient to permit a formal audit
comporeing with ordinary. customary and prudent public accounting
requirements. Upon the failure of Subgrantee to create ~nd
maintain such documentation, Grantee may terminate further
funding under ehis Agreement, and Subgrantee shall reimburse to
Grantee all payments disbursed earlier to Subgrantee. together
with any and all accrued interest.
A. Suhgrantee shall eubmit ~he follow~ng documentation tor
Large projects (the Small Project threshold for this declaration
is $50.600.00):
1. A Request for Advance or Reimbursement. conforming to the
sample attached to this Agreement as At.~achment Ai
2. A Summary of Documentation Form conforming to the sample
attached to ehis:Agrecment as Attachment 8, which shall be
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supported by original doeument5 such as contract documents,
invoices, purchase orders. change ordors and the like;
3. A request for final inspection;
4. A signed Project Listing upon the completion of all
projects; and
5. The Project Listing and Certification specified by
faragraph B of this Article.
B. For all projects, SUbgrantee shall state on the Project
Listing and Certification that all work was performed in
accordance with this Agreement and the requirements in each
Project Worksheet, and shall state the date of completion.
C. Grantee will inspect Small Projects by random selection,
and will conduct the final inspections on Large Projects. to
ensure that all work has been performed within the scope of work
~pecified on the Project Worksheets. Costs not within the
approved scope of work shall not be reimbursed.
ARTICLE VII. Cost Sharing. The federal share of the
eligible costs specified in the Project Worksheets under this
Agreement shall be seventy-five (75) percent of such costs and
ehe nonfederal share shall be twenty-five (25) per~cnt. As a
condition of funding under ehis Agreement, the Grantee shall pay
fifty (SO) percent of the nonfederal share ana Subgrantee shall
pay the remaining fifty (50) percent. fayment of all or a
specified portion of the nonfederal share of such costS is
contingent upon an appropriation defining the apportionment o[
the nonfederal share. Administrative costs in addition to the
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Project Worksheets ~hat wre olherwise eligible under 44 C.F.R.
Par~ 206 and do not require matching funds will also be funded by
the Federal Emergency Management Agency.
ARTICLE VIII. Pavmen~ of Cos~s. G~antee shall disburse ~he
eligible cos~s to Subgrantee in accordance with the following
procedures.
A. G~antee shall disburse the federal and nonfederal ~hares
of the eligible costs for Small Projects to Subgrantcc as soon as
practicable after execution of ~his Agreemen~ and formal
notification by the Federal Emergency Management Agency of ics
approval of the pertinent Project Worksheet.
B. Grantee shall reimburae Subgrantee for the federal and
nonfederal shares of the eligible costs for Large Projects as
soon as prac~icable after Subgrantee has delivered che following
documen~s to Grantee:
1. A Request for Advance or Reimbursement Form conforming
co the sample attach~d to this Agreement ~s Attachment A;
2. A Summary of Documentation Form conforming to the sample
attached to this Agreement as Attachment 0, whiCh shall be
supported by original documents sucn as contract documcn~s.
invoices, purchaoe orders, change orders and the like; and
3. A leccer or notification certifying ~hat the reported
costs were incurred in the performance of eligible work.
C. Grantee may advance funds under this Agreement co
Subgran~ee not exceeding the federal share if Subgran~ee me~ts
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the following ~onditions:
1. Subgrantcc shall demonstrate to Grantee that Subgrantee
has procedures in place to ensure that funds are disbursed to
project vendors, contractors. and ~ubcontractor8 without
unnecessary delay;
2. Subgrantee shall submit to Grantee the budget supporting
the request::
3. Subgrantee shall submit a statement justifying the
advance and the proposed use of the funds, and specifying the
amount of funds requested;
4. Subgrantee shall submit a co~leted Request for Advance
or Reimbursement Form: and
s. SubgranLee shall pay over to Grantee any interest earned
on advunces for remittance to the Feder.al Emergency Management
Agency as often as practicable, and in any event not later than
ten (10) business days after the close of each calendar quarter.
D. Subgrantee may make improvements to the project facility
in conjunction w~ch its restoration of the facility to its
predisaster condition in accordance with 44 C.F.R. Part 206 with
che prior written approval of Grancce.
E. In any case in which Subgran~ee certifie~ to Grantee in
wricing that the rescoration of ~ damaged public facili~y to its
predisaster condition is not in the hest interest of the public,
Subgrantce 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 commencement of any work.
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F. Grantee may, in its discretion, withhold its po~tion of
~he nonfederal ahare of funding under this Agreement f~om
Subgrantee if Grantee has reaaon eo expeet a subsequene
unfavorable determination by the Federal Emergency Management
Agency that:. a previous disbursement of funds under this Agreement
was improper.
ARTICLE IX. Final Payme~ Grantee shall disburse the
final payment. to subgrantee upon the performance of the !ollowing
condit.ions:
A. subgrantee shall have completed che project;
B. S\1bgrClntee shall have sulmlitted the documentation
speCified in Articles VI and VIII of this Agreement;
C. In the case of Large Projec~9, the Grantee shall have
perCormcd the final inspection:
D. In the case of Small Projects, the Projeet I.ist.i.ng and
Certification shall have been reviewed by Grantee, or Grantee
shall have performed a final inspection; and
B. Subgrantce shall have requested final reimbursement.
AR~ICLE X. Recor.ds Maintenance. The funding of eligible
costs under this Agreemenc and the performance of all otber
conditions shall be subject to the following requiremen~s, in
addition to such o~her and further requirements as ~y be imposed
by operation of law:
A. The .Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments,W as
codified in 44 C.F.R. Part 13. as amended;
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B. Office of Management and Budgec Circular No. A-a7, ~Cost
Principles for State and Local Governmen~s.. as amended;
C. office of Management and Budget Circular No. A-llO,
~Uniform Administrative Requirements for Grants and Other Agrec-
mcncs with Institutions of Higher Education, Hospitals and Ocher
Non-Profit Organizations,. as amended; and
D. Office of Management and Budget Circular No. A-122,
~Cost Principles for Non-Profit Organizations,. as amended.
E. Subgrantee will maintain all documentation concerning tho
projects funded under this Agreemenc until the occurrence of the
following events, whichever is che later:
1. The completion of final inspection and final audit. and
the final resolution of any issues identified in the same; or
2. The expiration of three (3) years from the date of final
disbursement under this Agreement.
F. Subgrancee shdll make all documentation concerning the
projects funded under this Agreement available and accessible Co
the Comptroller General of the United States, the Grantee, and
the Fede~al Emergency Management Agency between 8:00 a.m. and
5:00 p.m. on weekdays other t~n official holidays.
ARTICLE XI.' Reimbursement of Funds. If upon final
inspecCion. tinal audit. or other review by Grantee, the Federal
~~rgency Management Agency or other authority determines that
the disbursements to Subgrantcc under ~his Agreement exceed the
eligible costs, Subgrantee Dha'l reimburse to Grantee the sum by
which the total disburscmcnLS exceed the eligible costs within
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forty-five (45) days from the daee Subgrantee is notified of such
determination.
ARTICLB XII. Audit. Subgrantcc shall submit an Audit of
Agreement Compliance ~o Gran~ee, and shall have an independent
audit performed by a Certified Public Accountant if its total
expenditures of federal financial assistance for the most recent
fiscal year equal or exceed $300.000.00.
A. suhgrantce will conduct the audit in accordance with the
following requirements:
1. The standards established by the Comptroller General of
the United States, as specified in the General Accounting Office
Standards for Audit of Governmental organizations, Programs,
Activities and Functions;
2. The atandards e~tablished by the American Institute of
Certified Public AccouncanLS;
3. Tbe requirements of SS 11.45, 216.349, and 216.3491,
Fla. Stat. (2000), 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. S~ 7501-7507, ~o the extent here
applicable; and
5. Office of Management and Budget Circular No. A-133. as
amended, to the exeent here applicable.
B. The audit ahall ~e identified by the serial concract
identification number for this Agreement. If ~he Subgrantee is a
priva~e nonprofit organization, it shall submit an organization-
wide audit.
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C. The audit shall be due not laeer than Deven (7) months
after the close of the fiscal year for Subgrantee except where
Grantee and Subgrantee have mutually agreed upon another date.
D. Subgrantee shall conduct such addilional audits as
Grantee or the Federal Emergency Management Agency may determine
necessary to determine the adequacy, aCCUracy, and reliability fo
the internal procedures Subgrantee has in place to protect its
assets and to ensure compliance with this Agreement.
E. If thi~ Agreement is closed out without an audit,
Grantee may recover from Subgrantee any disallowed costs
identified in an audit after such clo~eout.
ARTICLrE XIII. Noncomnlianc:e. If the Subgraneee violates
this Agreement or any legislation, regulation, statute, rule or
other legal requirement applicable to the perfo~~nce of this
Agreement, the Grantee may withhold any disbursement otherwise
due Subgrantee for the project with respect to which the
Violation has occurred until the violation is cured or has
otherwise come to final resolution. If the violation is not
cured, Grantee may terminate this Agreement ~nd invoke its
remedied under the Agreeme~t in accordance wi~h Articles XXI and
XXV of this Agreement.
ARTICLE XIV, ~ondiscriminaeion by Contractors. Subgrantec
shall undertake an active program of nondiscrimination in its
administ4ation of di5aster assis~ance under this Agreement, in
accordance with 44 C.F.R. Parts 7 and 16, and 44 C.F.R P~rc 206.
In dddition, Subgrantee shall be subject to the requiremonts in
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the General Services Administrative Consolidated List of
Debarred, Suspended and Ineligible Contrac~ors, in accordance
with 44 C.P.R Pa~ 17.
ARTICLE XV. Modification. The time for performance of chis
Agreement may be extended once unless the failure of Subgrantee
to close out the project is cau~ed by ovents heyond its control.
A modification extending the time for completion of the project
and any other modification shall be in writing, and shall take
effect only upon execution by both parties. Modifications to any
Project worksheet to be funded under this Agreement may be
requested by Subgrantee through Gran~ee, bue the approval of any
such modifications shall reside in the sole discretion of the
Federal Emergency Management. Agency. Any approved modification
to a project. Worksheet shall be noted in a Supplemental project.
Worksheet Version for the project. If otherwise allowed under
this Agreement, any extension shall be in writing and shall be
subject to the Game terms and conditions as those set out in the
initial Agreement.
ARTICLE XVI. 'rime for Perfprmance.... Time shall be of the
essence of this Agreement and of the performance of all
conditions under it. Subject to any modification extending the
time for the performance of Chis Agreement approved by Grantee or
by the Federal Emergency Management. Agency, the time for the
performance of emergency work shall be six (6) months [rom the
date of tho Presidential Declaration. The time for the
performance of permanent work Shall be eighteen (18) months from
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~he date of the Presidential Declara~ion. For Large Projects the
Summary oe Documentation and the supporting documents identified
in Article VI of this Agreement shall be submitted co the Grantee
not later than sixty {60) days after the 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 completion of all work. or the approval of the
Final Inspection by the Federal Emergency Management Agency,
whichever is later. The time for the performance of this
Agreement may De extended for cause 'oy Grantee. If any extension
request is deni~d, Subgrantce shall be reimbursed for eligible
project coses 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. ~ontracts With Other~. If the Subgrantee
contracts with any other contractor or vendor for performance of
all or any por~ion of the work required under this Agreement, the
Subgrantee shall incorporate into its contract with such
contractor or vendor an indemnification clause holding Grantee
and Subgrantee harmle~e from liability to third parties for
claima asserted under such contract.
ARTICLE XVIII. ~ermination. Either of the parties may
terminate this Agreement by notice in writing delivered to the
address specified in Article XXIII of thjs Agreement. Such
termination Shall take effect thirty (30) days af~er the date of
such notice. Such ccrmination shall not affect thc rights,
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in~erests, du~ies or responsibilities of either of the par~ies or
any allowable costs that have accrued as of. the date of the
notice of termination.
ARTICLE XIX. Liab~litv.
A. Grantee assumes no liability to third parties in
connection with this Agreement. Unless the Subgrantee is a
governmental enti~y covered by 5 768.28(5), Fla. Stat. (1999),
~he Subgran~ee shall be solely responsible to any and all
contractors, vendors, and other parties with whom it contrac~s in
performing this Agreement. Unless the Subgrantee is a
governmental en~ity within the meaning of the preceding sentence,
Subgrantee shall in~emnify Grantee form claims asserted by to
third parties in connection with the performance of this
Agreement, holding Grantee and Subgrantec ha.;mLless from the same.
B. For the purpose of this Agreement, the Grantee and
Subgrantee agree that neither one is an employee or agent of the
other, and that each one stands as an independent contractor in
relation to the other.
C. Nothing in thi~ Agreement shall be construed as a waiver
by Grantee or Subgrantee of any legal immunity, nor shall
anything in ~his Agreement be construed as a consent by either of
the parties to be sued by third parties in connection with any
matter arising from the performance of this Agreement.
D. Subgrantee represents that to the best of its knowledge
any ha~ardous substances at its project ~ite or sites are present
in quantities within statutory and regulatory limitations. and do
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not require remedial accion under any federal, s~ate or local
legal requir.ements concerning such substances. Subgrantec
further represents that the presence of any ~uch aubscancc or any
condition at ~he sice caused by the presence of any such
subscance shall be addressed in accordance with all applicable
legal requirements.
ARTICLE XX. ReDorts. Subgrantee shall provide QUarterly
Raports to Graneee, on the Quarterly Report Form conforming to
the sample attached as Attachment C. The first Quarterly Report
shall be due at such time as Subgrancee is notified. All
subsequent Quarterly Reports shall be due not later than thirty
(30) days after each calendar quarter through final inspection.
Quarterly Reports shall indicate the anticipa~ed completion date
for each projecc, together with any other circumstances that may
affect the completion date, the scope of work, the project costs,
or any other factors that may affect compliance with chis
Agreemenc. Interim inGpcc~ions ahall be scheduled by Subgrantce
before the final inspection, an~ may be required by Grantee based
on informa~ion supplied in the Quarterly Reports. Grantee may
require additional reports as needed, and 5ubgrancee eha11
provide any additional reports requested by Grantee as soon as
practicable. With respect to thc Request for Advance or
Reimbursement, the Summary of Documentation, and the Quarterly
Reports, the contact for Grantee will be the State Public
Asaistance officer.
ARTICLE XXI. Standa~d Conditions. Subgrantee agrees to thc
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fOllowing conditions:
A. The performance and obligation of Grantee to pay under
this Agreement is concingent upon an annual appropriation by the
Legisla~ure and the disburBement to Grantee of federal funding in
accordance with S 2S2.37(4}. Fla. Scat. (2000).
.
B. Bills Lor fees o~ other compensation fo~ services or
expenses must be submitted in detail sufficient for a proper pre-
audit and post-audit.
C. Grantee may terminate this Agreement for refuGal by the
Subgrantee and its contractors and subcontractor~ to allow public
inspection of any records subject to the disclosure requirements
in S 119.07(1). Fla. Stat.
(2000). that are made or received by
Subgrantee or its contractors and subcontractors in connection
with this Agreement. Substantial evidence of noncompliance by
Subgrantee or its contractors and subcontractors with these
requirements shall constitute the nonperformance of a condition
under this Agreement, and shall he adequate cause tor
termination.
D. Subgrantec agrees that no funds diDbursed to it under
this Agreement will be used for ~he purpose of lobbying the
Legislature or any of its members. any employee of the State of
Florida. any member of Congress, any officer or employee of
Congress, or any employee of a Member of Congress. in connection
with this Agreement or any mcdification~ to this Agreement.
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E. Subg~antee ce~tifieB with respect to thio A9reemen~ thaL
it possesses the legal authority to receive che funds-
F. Subgraneee agrees that responsibility for compliance
with this Agreement rests with the SUbgrantee, and further agrees
that noncompliance with this Agreement shall be adequate cause
for the reeission, suspension or termination of funding under
this Agreement. and may affect its eligibility for funding under
fucure Subgrantee Agreements.
ARTICLE XXII. Tel;JO, This Agreement. shall t.ake effcce upon
its execution by both parties, and shall terminate upon the
approval of closeout by the Federal Emergency Managemcn~ Agency,
unlcss terminated earlier as specified elsewhere in this
Agreement. Subgrantee shall commence the project(s) specified by
this Agreement without delay_
ARTICLE XXIII. Notice and Contact I All notices under this
Agreement shall be in writing and shall be delivered by InterNet,
by ~elefacsimi1e. by hand, or by certified letter to the
following respective addresses.
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
W. Craig Fugate. Interim Director
Division of Emergency Management
Department of. Community Affairs
2555 Shumard Oak; 51 vel
Tallahas~ee, Florida 32399-2100
Fred A.. Maas
17070 Collina Avenue i2SS
Sunny rilles Beach. Fr.
~16~
M FA C) !="LC.)'N, N6'T
ARTICLE XXIV. Designation of ~en~. Subgrantcc hereby
designates
Fred AMaas
as its primary agent, and
designates Mike Grandinetci as its alternate agent,
GQ,(\""OINCnlrVI (!) fLC'J/'I. Nl:7'f
to execute any Request for Advance or Reimbursement,
Pacel~
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cercificacion, or other necessary documentacion.
ARTICLE XXV. Rvents of Default.. Remedies. and Termination.
A. Opon the occurrence of anyone or more of the following
events, all Obligations of Grantee to disburse furcher funas
under this Agreement shall terminate at the option of Grantee.
Notwithstanding the preceding sentence, Grantee may at ita option
continue to make payments or portions of payments after the
occurrence of anyone or more such events without waiving the
right to exercise such remedies and without incurring liability
for furcher payment. Grantee may at its option terminate this
Agreement and any and al1 funding under this Agreement upon the
occurrence of anyone or more of t.he followin9~
1. Any represen~ation by Subgrantee in this Ag~eemenc 1s
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 15
unable or unwilling to meet its obligations under this Agreement.
2. subgrantee suffers ~ny material adver~e change in ies
financial condition while this Agreement is in etfect, as
compared to its financial cona1tion as represented in any reports
or other document~ ~ubmicted eo Grantee, if Subgrantee has not
cured the condition within thirty (30) days after notice in
writing from Grantee;
3. Any reports required by t.his Agreement have not been
submit~ed to Grantee or have been submitted with inaccurat~.
incomplete. or inadequate informa~1on: or
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4. The monies necessary to fund this Agreement are
unavailable due to any failure to appropriate or oeher action or
inaction by Congress or the Lcgislacure. or due to any action of
the Office of the Comptroller Or the Office of Management and
Budget.
B. Upon the occurrence of anyone or more of the following
events, Graneee may at its option give notice in writing to
Subgran~ee to cure its failure of performance if such failure may
be cured. Upon the failure of Subgrantee to cure, Grantee m;).y
exercise anyone or more of ehe following remedies:
1. Terminate this Agreement upon noe les~ than fifteen (15)
days notice of such termination by certified letter to the
Subgrantee at the address specified in Article XXIiI of this
Agreemenc, such notice to take effect when delivered to
Subg'ranteei
2_ Commence a legal action for the judicial enforcement of
this Agreement;
3. Withhold the disbursement of any paymenc or. any portion
at a payment otherwise due and payable under this Agreement or
any other Agreement with Subgrantee: and
4. ~ake any oeher remedial actions which may otherwiBe be
avail~ble under law.
c. Grantee may terminate this Agreement tor any
misrepresentation of any material fact, for the failur.e or
nonperformance of any condicion or obligation under this
Agreemene, or for noncompliance wieh any applicable legal
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requirement.
D. Rescission, suspension or termina~ion of this Agreement
shall constitute fin.l action by the Grantee within the meaning
of the Admini9~rative Procedure Act, as amended. Notwithstanding
the preceding sentence. any deobligation of funds or other
dete~ination by Che Federal Emergency Management Agency shall be
adares~ed in accordance with the regul~~lons of chat Agency.
E. Upon the rescission, suspension or termination of this
Agreement. the Subgrantee shall refund to Grantee all funds
dishursed to Subgrantee under this Agreement.
F. Notwithstanding anything to the contrary elsewhere in
this Agreement, the rescission, suspension or termination of this
Agreement by Grantee shall not relieve Subgrancee of liability to
Grantee for the restitution of funds udvanccd ~o Subgrantee under
this Agreement, and Grantee may 8et off any such funds by
withholding future disbursements otherwise due Subgrantee under
this Agreement or any o~her Agreement until such time as ~he
exact amount of restitution due Grantee from Subgrantce is
ae~ermined. In the event the Federal Emergency Management Agency
should deobligate funds formerly allowed unde~ this Agreement or
under any other Agreement funded by che Agency and administered
by Grantee, then Subgrantee shall immediately repay such funds LO
Grantee. If the subgrantee fails to repay any such funda, then
GranCee may recover the same from funding otherwise due
Subgr~ntee in accordance with this Article.
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ARTICLE XXVI. A~tachmenes.
A. All a~tachments ~o ~his Agreement are incorporated into
~his Agreement by reference as if see oue fully in the text of
the Agreement itself.
B. In ~he event of any inconsistencies between the language
of this Agreemen~ and the Attachments to it, the language of. the
Aetachments shall be controlling. bue only to the cxtene of such
inconsistencies.
C. This ~9reement has the following at~achments:
1. Attachment A ~Request for Advance or Reimbursemen~M
2. At~achment B "Summary of Documentation"
3. Attachment C .OuarLorly Repor~ Schedule and
InstructionG"
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ZN wr%HBSS BEREOP, ~he Gran~ee and Subgrantee have executed
this Agreement:
FOR THE GRANTES:
DEPARTMENT Of COMMUNITY AFFAIRS,
State of Florida. R)':
POR THE SUBG~EE;
~
(Subg,. J _ _. Hn - _ _ _ -
(Name)
W. Crail! Fuaate
W. Craig Fugate, Interim Oirector
Division of Emergency Management
(Date)
(Title)
,J~v. 16, 2eR'J1
(Dare)
"5 - 0 ZR 46 4- 7
Fcdenal Employer lD No.
Mayor
Public Assistance Propm
l'rogram Description
Ol-RM-L5-11-23-02-034
Controct Number
Digitnlly signed by Fl'Elnk Koutnik
en=Frank Koutnik, ou-dea, o-swte of
f1orida,c=us
Date: 2001.12.0415:40:30 -05'00'
Re~son: I i:1m approving this document
for W. Craig Fug<lte, Director
Location; Tallahassee, Florida
~2J
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