2005-012
RESOLUTION NO. 2005-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED DISASTER
RELIEF FUNDING AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Disaster Relief Funding
Agreement between the City of Aventura and the State of Florida Department of Community
Affairs for reimbursement of certain costs of preparation for and cleanup after Hurricane
Frances.
Section 2.
The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put to a
vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2005--1L
Page 2
PASSED AND ADOPTED this 10th day of March, 2005.
-~ W
~. PERLOW, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
N~
CITY ATTORNEY
NOY 2 9 200~
FI~~ $SIWj~1!\j
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05-PA-G%-11-23-02-375
CSFA No. 52600308;
CFDA No. 97.036
Snbgrantee: Aventu,a, City Of
FIPS No. 086-02681-00
This Agreement is between the State of Florida, Department of Community Affairs (hereinafter refeITed to
as the "Grantee") and, the undersigned State Agency or political subdivision of the State or private nonprofit
organizations (hereinafter refeITed to as the "Subgrantee"). This Agreement is based on the existence of the
following facts and conditions:
A. WHEREAS, Hurricane Frances beginning September I, 2004, and thereafter, had a devastating 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 04-192. In consequence of the Event, the President of the United States on
September 16, 2004, declared Major Disaster No. FEMA-DR-1545-FL in all counties in the State of Florida. As a
result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and,
B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency
Management Agency governing the use of such funds requires the State to share the costs eligible for federal
financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein and agrees to comply with all the requirements of this Agreement; and,
D. WHEREAS, the Grantee receives these 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 Subgrantees upon
the teITnS and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department
has authority to administer federal financial assistance from the Federal Emergency Management Agency
consequent to a presidential declaration of disaster.
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the following:
ARTICLE I. Definitions. As used in this Agreement, the following teITnS shall have the following
meanings unless another meaning is specified elsewhere:
A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.c. § 5121-5201;
44 c.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement dated September 4,2004, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-1545-DR-FL.
ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal
Emergency Management Agency.
ARTICLE III. Fundin~ and Insurance. Grantee shall provide funda to the Subgrantee for eligible
activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in
the approved Project Worksheets. Allowable costs shall be deteITnined as per 44 C.F.R. Parts 13 and 206, which shall
be ninety (90) percent of all eligible costs.
A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative
funding allowed, the scope ofthe eligible project, and the costs eligible under this Agreement. Project Worksheets
may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project
Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be ninety (90)
percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida
Legislature, the Grantee may provide some portion of any nonfederal share for local government. As a condition of
receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a deteITnination by Grantee or Federal
Emergency Management Agency that funda exceeding the eligible costs have been disbursed to Subgrantee pursuant
to this Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded
under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate
of such insurance as a condition to funding under this Agreement.
ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive 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 compensation or indemnification from such insurance.
Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other
source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment
from Grantee, to the extent ofany such duplication,
B. In the event that Grantee should deteITnine that Subgrantee has received duplicate benefits, by its
execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial
Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Compliance with Environmental. Plannin~ and Permittin~ Laws. Subgrantee shall be
responsible for the implementation and completion of the approved projects described in the Project Worksheets in a
manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any
project undertaken by Subgrantee, and any land use peITnitted by or engaged in by Subgrantee, shall be consistent with
the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order
complies with all applicable planning, peITnitting and building requirements. Subgrantee shall engage such competent
engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure
that the project complies with the contract documents.
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ARTICLE Vi. ReQuired Documentation. Reviews. and Inspections. Subgrantee shall create and
maintain documentation of work perfoITned and costs incuITed on each project identified in a Project Worksheet
sufficient to peITnit a foITnal audit comporting with ordinary, custornary and prudent public accounting requirements.
Upon the failure of Subgrantee to create and maintain such documentation, Grantee may teITninate further funding
under this Agreement, and Subgrantee shall reimburse to Grantee all paymenls disbursed earlier to Subgrantee,
together with any and all accrued interest.
A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for
this declaration is $54,100).
1. A Request for Reimbursement confoITning to the sample attached to this Agreement as
Attachment C.
2. A Summary of Documentation FoITn confoITning to the sample attached to this Agreement as
Attachment D, which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like;
3. A request for final inspection;
4. A signed Project Completion and Certification Report upon the completion of all projects; and
5. The Project Completion and Certification Report specified by Paragraph B of this Article.
B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work
was perfoITned 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 perfoITned within the scope of work specified on the Project Worksheets.
Costs not within the approved scope of work shall not be reirnbursed.
ARTICLE VII. Cost Sharin~. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be ninety (90) percent of such costs, unless a higher percentage is approved, of such costs
and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share
of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal
share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 c.F.R. Part 206
and do not require matching funds may also be funded by FEMA.
ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution of this Agreement and foITnal notification by the Federal Emergency
Management Agency of its approval of the pertinent Project Worksheet.
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee:
1. A Request for Reimbursement FOITn confoITning to the sample attached to this Agreement as
Attachment C;
2. A Summary of Documentation FOITn confoITning to the sample attached to this Agreement as
Attachment D which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like and is also available at www.tloridapa.or~.; and,
3
3. A letter or notification certifying that the reported costs were incuITed in the perfoITnance of
eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
1. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds
are disbursed to project vendors, contractors, and subcontractors 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 completed Request for Advance and Schedule of Projected
Expenditures FOITnS confoITning to the samples attached to this Agreement as Attachments A and B and is also
available at www.floridapa.org.; and,
5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the
Federal 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 with its restoration of the
facility to its 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 Subgrantee certifies to Grantee in writing that the restoration of a damaged public
facility to its predisaster condition is not in the best interest of the public, Subgrantee 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.
F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this
Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable deteITnination by the Federal
Emergency Management Agency that a previous disbursernent of funds under this Agreement was improper.
ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Sub grantee upon the
perfoITnance of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement;
C. In the case of Large Projects, the Grantee shall have perfoITned the final inspection;
D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or
Grantee shall have perfoITned a final inspection; and,
E. Subgrantee shall have requested final reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
perfoITnance of all other conditions shall be subject to the following requirements, in addition to such other and further
requirements as may be imposed by operation oflaw:
A. The "UnifoITn Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 c.F.R. Part 13, as amended;
4
B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-IIO, "UnifoITn Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other 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 the projects funded under this Agreement until the
OCCUITence of the following events, whichever is the later:
I. 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 disaster closeout under this Agreement.
F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority deteITnines that the disbursements to Subgrantee under
this Agreernent exceed the eligible costs, 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
deteITnination.
ARTICLE XII. Audit. Subgrantee shall subrnit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit perfoITned by a Certified Public Accountant if its total expenditures of federal financial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrantee 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 standards established by the American Institute of Certified Public Accountants;
3. The requirernents of § 11.42, Fla. Stat., and the Rules of the Auditor General;
4. The requirements of the Single Audit Act of 1984, Pub. 1. 98-502, as amended, 31 U.S.C. §§
7501-7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-l33, as amended, to the extent here applicable.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due not later than seven (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 additional audits as Grantee or the Federal Emergency Management
Agency may deteITnine necessary to deteITnine the adequacy, accuracy, and reliability of the internal procedures
Subgrantee has in place to protect its assets and to ensure compliance with this Agreement.
E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed
costs identified in an audit after such closeout.
ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the perfoITnance of this Agreement, the Grantee may withhold any
disbursement otherwise due Subgrantee for the project with respect to which the violation has occuITed until the
violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may teITninate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Sub grantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F.R. Parts 7 and 16,
and 44 c.F.R Part 206. Sub grantee shall also be subject to the requirements in the General Services Administrative
Consolidated List of De baITed, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification, The time for perfoITnance of this Agreement may be extended once unless
the failure of Sub grantee to close out the project is caused by events beyond 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 Grantee, but 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
an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any extension
shall be in writing and shall be subject to the same teITnS and conditions as those set out in the initial Agreement.
ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the
perfoITnance of all conditions under it. Subject to any modification extending the time for the perfoITnance of this
Agreernent approved by Grantee or the Federal Emergency Management Agency, the time for the perfoITnance of
emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the perfoITnance of
peITnanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the
Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the extension 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 ofall work, or the approval of the Final Inspection by the Federal Emergency Management Agency,
whichever is later. The time for the perfoITnance of this Agreement may be extended for cause by Grantee.
Extensions shall not be approved for delays caused by lack of cost-share funding. If any extension request is denied,
Sub grantee shall be reimbursed for eligible project costs incuITed up to the latest approved date for completion.
Failure to complete any project will be adequate cause for the teITnination of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for perfoITnance of all or any portion 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 haITnless from
liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may teITninate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such teITnination shall take effect thirty (30)
days after the date of such notice. Such teITnination shall not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the date of the notice ofteITnination.
ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by § 768.28(5), Fla. Stat., the Subgrantee shall be solely
responsible to any and all contractors, vendors, and other parties with whom it contracts in perfoITning this Agreement.
Unless the Sub grantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall
indemnify Grantee from claims asserted by to third parties in connection with the perfoITnance of this Agreement,
6
holding Grantee and Sub grantee haITnless from the same. Also:
A, For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or
agent of the other, but that each one stands as an independent contractor in relation to the other.
B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, norshall anything in this Agreement be construed as consent by either of the parties to be sued by third
parties in connection with any matter arising from the perfoITnance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
are present in quantities within statutory and regulatory limitations, and do not require remedial action under any
federal, state or local legal requirements concerning such substances, Sub grantee further represents 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
accordance with all applicable legal requirements.
ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
FOITn confoITning to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as
Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each
calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each
project, 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 this Agreement. Interim inspections shall be scheduled by
Subgrantee before the final inspection, and may be required by Grantee based on infoITnation supplied in the Quarterly
Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports
requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the
Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance
Officer.
ARTICLE XXI. Standard Conditions.
Subgrantee agrees to the following conditions:
A. The perfoITnance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and the disbursement to Grantee offederal funding in accordance with § 252.37(4),
Fla. Stat.
B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a
proper pre-audit and post-audit.
C. Grantee may teITninate this Agreement for refusal by the Subgrantee and its contractors and
subcontractors to allow public inspection of any records subject to the disclosure requirements in § I] 9.07(1), Fla.
Stat., 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 nonperfoITnance of a condition under this Agreement, and shall be adequate cause for teITnination.
D. Subgrantee agrees that no funds disbursed to it 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 connection 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 Agreement rests with Subgrantee, and
further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or teITnination of
funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements.
ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall
teITninate upon approval of closeout by the Federal Emergency Management Agency, unless teITninated earlier as
specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without
7
delay.
ARTICLE XXIII. Events of Default. Remedies. and Termination.
A. Upon the OCCUITence of anyone or more of the following events, all obligations of Grantee to disburse
further funds under this Agreement shall teITninate at the option of Grantee. Notwithstanding the preceding sentence,
Grantee may at its option continue to make payments or portions of payments after the OCCUITence of anyone or more
such events without waiving the right to exercise such rernedies and without incurring liability for further payment.
Grantee may at its option teITninate this Agreement and any and all funding under this Agreement upon the OCCUITence
of anyone or more of the following:
I. Any representation by Sub grantee 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 financial condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee,
if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate infoITnation; or,
4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or
other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
B. Upon the OCCUITence of anyone or more of the foregoing events, Grantee may at its option give notice in
writing to Subgrantee to cure its failure of perfoITnance if such failure may be cured. Upon the failure of Subgrantee
to cure, Grantee may exercise anyone or more of the following remedies:
1. TeITninate this Agreement upon not less than fifteen (15) days notice of such teITnination by
certified letter to the Sub grantee at the address specified in Article XXV of this Agreement, such notice to take effect
when delivered to Subgrantee;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment or any portion of a payment otherwise due and
payable under this agreement or any other agreement with Subgrantee; and,
4. Take any other remedial actions that may otherwise be available under law.
C. Grantee may teITninate this Agreement for any misrepresentation of material fact, for failure or non-
perfoITnance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement.
D. Any deobligation of funds or other deteITnination by the Federal Emergency Management Agency shall
be addressed in accordance with the regulations ofthat Agency.
E. Upon the rescission, suspension or teITnination of this Agreement, the Sub grantee shall refund to Grantee
all funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
teITnination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of
funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future
disbursements otherwise due Sub grantee under this Agreement or any other Agreement until such time as the exact
amount of restitution due Grantee from Subgrantee is deteITnined. In the event the Federal Emergency Management
Agency should deobligate funds foITnerly allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the
Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee.
8
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in
the text of the Agreernent itself,
B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the
language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
C. This Agreement has the following attachments:
1. Attachment A "Request for Advance"
2. Attachment B "Summary of Projected Expenditures"
2. Attachment C "Request for Reimbursement"
2. Attachment D "Summary of Documentation of Expenses Claimed"
3. Attachment E "Quarterly Report FoITn"
4. Attachment F "Subgrantee Annual Budget Projection FoITn"
Note: All other g,ant administrative and electronic foITns will be provided by Grantee as necessary
or posted on the DEM website: www.tloridapa.or~.
ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be
delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
TaIlahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
ERIC M. SOROKA, CITY MANAGER
CITY OF AVENTURA 19200 W. COUNTRy CLUB DR.
AVRNTIIRA FlORTnA 111RO
ARTICLE XXVI. Desi~nation of A~ent. Subgrantee hereby designates HARRY KTT .GORE
as its primary agent, and designates MARTHI SHl1RT.JlVln as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, or other necessary documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State of Florida, By:
CITY OF AVENTURA
(Subgrantee)
W. Craig Fugate, Director
Division of Emergency Management
(Name) ERIC M. SOROKA
(Title) CITY MANAGER
March 11 200~
(Date) 65-0662615
Federal Employer Identification Number (FEIN)
(Date)
Public Assistance ProlITam
Program
9
Please Note:
The attached forms, pages 10 through 15
are not to be returned with the signed contract.
These forms are for future reimbursement.
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT A
Request for Advance for Public Assistance Funds
SUB GRANTEE NAME:
ADDRESS:
DCA AGREEMENT NO:
DISASTER NO:
FIPS NO:
PW
PW# CATEGORY % COMPLETE ELIGIBLE CURRENT REQUEST
AMOUNT
TOTAL CURRENT REQUEST $
COMMENTS:
t cortify that to the be" ofmy knowledge and belief the above a"oun" ace 00'""" and that al\ di,bu"emen" we,e made in a"onJance with al\
conditions of the DCA agreement and payment i, due and h" not been previously reque"ed fo, Ihm amoun".
SUB GRANTEE SIGNATURE:
NAME AND TITLE:
DATE:
10
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT B
SCHEDULE OF PROJECTED EXPENDITURES (SOPE) FOR ELIGIBLE DISASTER WORK
Date:
FIPS#:
Subgrantee:
Disaster#:
Project Worksheet (PW)#:
E,tlmotod Do""" Dot" 0' Po,..IOoo'"",, B'o' Do",'p'oo 0' tho ""'" """"" E"lm"od
ortlel" "porto~,"" 0' EII9lOio C""
"NI", wllhi" 90 do" ($$$)
PaQe Subtotal
Current Advance Reauest (All Pages)
Total PW Amount
11
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT C
Request for Reimbursement for Public Assistance Funds
SUBGRANTEE NAME:
ADDRESS:
DCA AGREEMENT NO:
DISASTER NO:
FIPS NO:
PW PREVIOUS
PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST
AMOUNT
TOTAL CURRENT REQUEST $
COMMENTS:
t "rtify that to th, b"t of my knowl,dge and b,liof th, above accoun" a" COIT'ct and that all di,bu""m,n" w", mad, in acco,dan" with all
wndition, ofth, DCA ag",m,nt and paym'nt i, do, and h" not boon p"viou,ly "qu,,!od fo, thm amoun".
SUB GRANTEE SIGNATURE:
NAME AND TITLE:
DATE:
12
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT D
SUMMARY OF DOCUMENT A TION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD)
Date:
FIPS#:
--
Subgrantee:
Disaster#:
Project Worksheet (PW)#(s):
Aooll""', ",f""", 0 O,U",", D'" of DOCUMENTATION AooU,,"'
(W,o,", Vo",h", Cl,lm '" ,rtlo"", ",' O""m"""oo (Appll"o' p",oll. m,"'" 0", of 'ooU"o' ,Iod<. 'ooll""-<>woo' EU91b1,Co,"
Soh,'"',O) p,rtom"", of ""'pmoo' "d oom, of '00'°' °' 000""'"°'1 b, o"'go,", ,,' U" it,m 10 ~"ooro", ($$$1
"",",. prol'" 'ooU"IIoo ,,' gl" , ",f ""'p"O" of~, "lid" °' "",'"
Pace Subtotai
Current Expenditure Reauest (Ail Paces)
Totai PW Amounts for ail ADD roved Versions
Over or Under Run (Final SOD Onlv)
13
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUBGRANTEE QUARTERLY REPORT FORM
ATTACHMENT E
Subgrantee:
FIPS:
Disaster No. FEMA-
-DR-FL
Representative:
Phone: ( ì
State Grants Manager:
Quarterly Report Period: _Jan-Mar - Apr-Jun - Jul-Sep _Oct-Dee
Date Submitted:
Project Category Anticipated Percent StatuslRernarks"
Worksheet Cornpletion Cornplete'
Number & Date
Version!s)
, Reflects work completed on the physical project. InfoITnation is required for FEMA Quarterly Reporting by the Grantee.
b Utilize this to report potential delays, over/undeITUns, etc.
]4
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUBGRANTEE ANNUAL BUDGET PROJECTION FORM
ATTACHMENT F
Subgrantee:
FIPS:
Disaster No. FEMA-
-DR-FL
Representative:
Phone: ( --)
State Grants Manager:
State Fiscal Year:
Date Sttbrnitted:
Project Category Anticipated Percent Status/Remarks" Jul-Sep Oct-Dee Jan-Mar Apr-Jun
Worksheet Completion Complete' - -
Nurnber & Date (Year) (Year) (Year) (Year)
Version(s\
'Reflects work completed on the physical project to date. InfoITnation required for the State's Fiscal Year Budget Projections. Due six months prior to the
commencement of the new State's Fiscal Year.
" Utilize this to report potential delays, over/undmuns. Failure to accurately project quarterly needs may affect the availability of funds in a quarter, which is
the basis of legislative requests for state match funding and federal pass through authority.
15