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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) 2 Sep 27 02 04:32p ~ DCA Publio Assis~anoe 8504872007 p.2 ! - .. 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 1 SC!'p 27 02 04:32p DCA Public Assiseance 8504872007 p.3 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. ...2 2 fENA.13(S.[)k."FL Sep 27 02 04:32p DCA Publio Assiseanoe 8504872007 p.4 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 ~3 3 fr~A.I34S-DR."'L S~p 27 02 04:32p DCA Publio Assis~anoe 8504872007 p.5 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 p." 4 1'T.M~.134S.DR.I'1. Se-p 27 02 04:33p DCA Publie Assiseanee 8504872007 p.6 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 '.S s 1'F.M-'-13'~.DR-PL Sep 27 02 04:33p DCA Publio Assiseanoe 8504872007 p.7 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 hc.oti 6 t1!MA-1345.1)R.fL Sep 27 02 04:33p DCA Public Assiseance 8504872007 p.8 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 P&jte 7 7 J:1:iM^.I34S-DR-FL Sep 27 02 04:33p DCA Publio Assiseanoe 8504872007 p.s 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. P'lClI 8 FIlMA. I J4S00R.PL Sep 27 02 04:33p DCA Publio Assis~anoe 8504872007 p. 10 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; p~'C 9 9 fo1iMA-13..~.l)K."1. 5~p 27 02 04:33p DCA Publio Assis~anoe 8504872007 p. 11 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 ....'0 10 FEMJ\-1.1.'.DR.FL Sep 27 02 04:34p DCA Public Assistance 8504872007 p. 12 I !' 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. ".11 11 FEMA- J 34S-DR.FL Sep 27 02 04:34p DCA Public Assiseance 8504872007 p. 13 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 PallCI2 12 FnfA.134S.DIt-FL &ep 27 02 04:34p DCA Publio Assiseanoe 8504872007 p.14 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 'lIIe 13 13 FEMA-I:I45.DR.Fl. Sep 27 02 04:34p DCA Public Assis~ance 8504872007 p.15 ~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, '.14 14 FatA-134S.DR..FL S~p 27 02 04:34p DCA Public Assistance 8504872007 p.16 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 I'logc:IS IS FrMA-lJ.t'-DR-Fl.. Sep 27 02 04:34p DCA Publio A~~i~~anoe 8504872007 p. 17 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 i'IIpltl 16 f~13~S-Dk.~~ Sep 27 02 0"4:3"4p DCA Public Assiseance 850"4872007 p.18 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. P810 17 17 fl!MA-13A1S.DR.1'L Sep 27 02 04:35p DCA Public A$$i$eance 8504872007 p.19 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~ 18 fBMA.1J4.5-DIM'1. S'ep 27 02 04: 35p DCA Public A55i5~ance 8504872007 p.20 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 ".19 19 ~T\MA-13.45.DR-FL 5~p 27 02 04:35p DCA Public A~~i~~ance 8504872007 p.21 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 ..... 20 20 JIIlI\oC4.13.'-OR-PL S.ep 27 02 04: 35p DCA Public Assiseance 8504872007 p.22 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. Poac 21 21 1lJ'M....-1)4:1.0R-P1. Sep 27 02 04:35p DCA publie Assiseanee 8504872007 p.23 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" PIl(le 22 22 FEM.\-114s-.l>R.FL S'ep 27 02 04: 35p DCA Public AS5i5~ance 8504872007 p.24 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 23 "".MA-I J4.'i.DJt-I'l.