2005-058
RESOLUTION NO. 2005-58
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 Katrina.
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.
adoption.
This Resolution shall become effective immediately upon its
The foregoing Resolution was offered by Vice Mayor Joel, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez-Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
Resolution No. 2005-~
Page 2
PASSED AND ADOPTED this 11 th day of 2ber. 2005. ~
~~k-
/SUSAN GOlTUEB, MAYOR
APPROVED AS TO LEGAL SUry:ICIENCY:
fvf/ 1?rt ~
CITY ATTORNEY )
STATE OF FLORIDA
Department of Commnnity AtTain
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 06-KT -8&-11-23-02-598
CFDA No. ~
Subgrantee: Aventura, City Of
FIPS No. 086-02681-00
This Agreement is between the State of Florida, Department of Community Aff.irs (hereinafter referred to as
the "Grantee" and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations,
or federally recognized Indian Tribes or authorized tribal organizations (bereinafter referred to as the "Subgrantee").
This Agreement is based on the existence of the following facts and conditions:
A. WHEREAS, Hurricane Kattina the event beginning August 24, 2005, and thereafter. bad a devastating
impact upon the State of Florida. The severity of the damage and losses resulted in . proclamation of
emergency by the Governor in Executive Order 05-176. In consequence of the Event, the President of the
United States on August 28,2005, declared Major Disaster No. FEMA-DR-I602-FL in Bay, Broward,
Escambia, Gulf, Miami-Dade, Monroe, Okaloosa, Santa Rosa, and W.lton counties in the State of Florida.
Additional counties may be added to the declaration later. As a result, the Public Assistance Program was
made available to eligible .pplicants 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 elig111le 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 govermnent,
and has the .uthority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon the
tenus 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 . 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 L Deflnittons. As used in this Agreement, the following terms shall have the following meanings
unless another meaning is specified elsewhere:
A. "Eligible activities" are those activities authorized in the FEMA-Slate Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-
707; 44 Code of Federal Regulations Part 206.36; and applicable policies of the Federal Emergency
Management Agency.
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B. "FEMA-State Agreement" is the agreement dated August 28, 2005, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-I602-DR-FL.
ARTICLE IL Aootieable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement ood all applicable state ood federal legal requirements including, without ooy limitation
on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts \3 ood 206, ood the
policies of the Federal Emergency Management Agency.
ARTICLE m Fundinl! and Insurance. Grootee shall provide funds to the Subgrootee for eligible activities
for the projects approved by the Grootee and the Federal Emergency Management Agency, as specified in the
approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13
and 206, which shall be seventy five (75) percent of all eligible costs uoless a higher percentage is approved.
A The approved Project Worksheets shall be transmitted to Suhgraotee, and shall state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project
Worksbeets 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 seventy five (75) percent of all eligible costs, uoless a higher percentage is approved.
Cootingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any
nonfederal share for some subgraotees. As a condition of receipt of the federal funding; the Subgraotee agrees
to provide ooy nonfederal share not paid by the Grootee.
B. As a condition to funding under this Agreement, the Subgraotee agrees that the Grootee may withhold
funds otherwise payable to Subgraotee from ooy disbursement to Grantee upon a determination by Grantee or
Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to
Subgraotee pursuant to this Agreement or ooy other funding agreement adm;n;.....ed by Grantee.
C. As a further condition to funding under this Agreement, the Suhgraotee agrees to procure insuraoce
sufficient for the type or types of hazards for which the disaster was declared to cover ooy and all projects to be
funded under this Agreement where insuraoce is available ood reasonable. Subgraotee shall provide Grootee
with a certificate of such insuraoce as a condition to funding under this Agreement
ARTICLE IV. DuoUcation of Benefits Prohibition. Subgraotee may not receive funding under this
Agreement to pay for damage covered by insuraoce, nor may Subgrantee receive ooy other duplicate benefits under
this Agreement.
A Subgraotee shall without delay advise Graotee of ooy insuraoce coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insuraoce.
Subgraotee shall reimburse Graotee without delay for ooy duplicate benefits Subgraotee may receive from ooy
other source for any damage identified on the applicable Project Worksheets for which Subgrootee has
received payment from Grantee, to the extent of ooy such duplication
B. In the event that Graotee should determine that Subgraotee has received duplicate benefits. by its
execution of this Agreement the Subgraotee gives Grootee or the CbiefFinancial Officer-Department of
Finaocial Services of the State of Florida the authority to set off the sum of ooy such duplicate benefits by
withholding it from ooy other funds otherwise due and owing to Subgraotee.
ARTICLE V. Comolianee with Environmental. Planninl! and Permittin", Law.. Suhgraotee shall be
responsible for the implementation and completion of the approved ~ects described in the Project Worksheets in a
maoner acceptable to Grootee, and in accordance with applicable legal requirements. The contract documents for
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any project undertaken by Subgnmtee, and any land use permitted by or engaged in by Subgnmtee, shall be
consistent with the local government Comprehensive Plan. Subgrantee shall ensure !bat any development or
development order complies with all applicable planning, permitting 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.
ARTICLE VI. Reouired Documentation. Reviews. Bnd Insoemons. Subgrantee sball create and maintain
documentation of won: performed and costs incurred on each project identified in a Project Wod<sbeet sufficient to
permit a formal audit comporting with ordinaIy, customary and prudent public accounting requirements. Upon the
failure of Subgnmtee to create and maintain such documentation, Grantee may terminate further funding under this
Agreement, and Subgnmtee shall reimburse to Grantee all payments disbursed earlier to Subgnmtee, together with
any and all accrued interest.
A. Subgnmtee shall submit the followiog doc1Dt1entation for Large Projects (the Large Project threshold for
this declaration is $55,5(0), which can be found at www.floridapa.org
I. Request for Reimbursement
2. A Summary of Documentation, which shall be supported by original documents such as contract
docl.UIlents. invoices, purchase orders. and change orders;
3. A request for fmal 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" !bat all work
was performed in accordance with this Agreement and the requirements in each Project Wod<sheet, 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 !bat all work has been performed within the scope of won: specified on the Project
Worksheets. Costs not within the approved scope of won: shall not be reimbursed. .
ARTICLE vn. Cost Sharlnl!. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, ef
.,,011 oolllB 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 Stale appropriation defining the apportionment
of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under
44 Code of Federal Regulations Part 206.36 and do not require rn.'eh;"g funds may also be funded by FEMA.
ARTICLE vm. Pavment of Costs. Granlee shall disburse the eligible costs to Subgnmtee in accordance
with the following procedures.
A. Grantee shall disburse the federal and nonfederal shares of the eligtble costs for Small Projects to
Subgnmlee as soon as practicable af1er execmion of this Agreement and formal notification by the Federal
Emergency Management Agency of its approval of the pertinent Project Wod<sheet.
B. Grantee shall reimburse Subgnmlee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Sub grantee has delivered the following docuroents to Grantee:
I. A Request for Reimbursement found at www.floridapa.org
2. A Suromary of Documentation shall be supported by original docuroents such as contract
docuroents, invoices, purchase orders, and change orders and is also available at
www.floridapa.org:; and,
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3. A letter or notification certifying that the reported costs were incurred in the performance of eligible
work.
C. Grantee may advance funds under this Agreement to Subgranlee not exceeding the federal share if
Subgrantee meets !be following conditions:
I. Subgrantee sball 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 sball submit to Grantee the budget supporting the request;
3. Subgrantee sball submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Subgrantee sball submit a completed Request for Advance and Schedule of Projected Expenditures
Forms whicb is also available at www.floridapa.org; and,
5. Subgrantee sball pay over to Grantee any interest earned on advances for remittance to lbe Federal
Emergency Management Agency as often as practicable, and in any event not later !ban ten (10)
business days after the close of each calendar quarter.
D. Subgrantee may make improvements to the project facility in conjunction wilb its restoration of the
facility to its pre-disaster condition in accordance wilb 44 Code ofFedera1 Regulations Part 206.36 wilb the
prior written approval of Grantee.
E. In any case in whicb Subgrantee certifies to Grantee in writing that lbe restoration of a damaged public
facility to its pre-disaster condition is not in lbe best interest of the public, Subgrantee may request Grantee and
lbe Federal Emergency Management Agency to approve an alternate project in accordance wilb 44 Code of
Federal Regulations Part 206.36 before the commencement of any wmi<.
F. Grantee may, in its discretion, witbbold its portion of the nonfederal share of funding under Ibis
Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by lbe
Federal Emergency Management Agency that a previous disbursement of funds under Ibis Agreement was
improper.
ARTICLE IX. FInal Pavment. Grantee sball disburse the final payment to Subgrantee upon !be performance
of the following conditions:
A Subgrantee sball bave completed lbe project;
B. Subgrantee sball bave submitted the documentation specified in Articles VI and VIlI of this Agreement;
C. In lbe case of Large Projects, the Grantee shall bave performed the final inspection;
D. In the case of Small Projects, lbe Project Listing and Certification shall have been reviewed by Grantee,
or Grantee sball bave performed a final inapection; and,
E. Subgrantee sball bave requested final reimbursement.
ARTICLE X. Records Maintenance. The fimding of eligible costs under Ibis Agreement and the
performance of all other conditions shall be subject to lbe following requirements, in addition to such other and
further requirements as may be imposed by operation of law:
A The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as cndified in 44 Code of Federal Regulations Part 13, as amended;
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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-II 0, "Uniform 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 lhis Agreement until
the occurrence of the following events, whichever is the later:
I. The completion of final inspection and final audit, and the fmal resolution of any issues identified in
the same; or,
2. The expiration of five (5) years from the date of disaster closeout under this Agreement.
F. Subgrantee shaJJ make all documentation concerning the projects funded under lhis 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 Xl Reimbursement of Fund.. If upon final inspection, fmal audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee
under lhis Agreement exceed the eligible costs, Subgrantee sba11 reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
determination.
ARTICLE XIL 4!!!!!L 8ubgrantee sba11 submit an Audit of Agreement Compliance to Grantee, and shall
have an independent andit performed by a Certified Public Accountant if its total expenditures of federal fmancial
assistance for the most recent fJSCa! year equal or exceed 5500,000.00.
A. Subgrantee will conduct the audit in accordance with the following requirements:
I. The standards established by the Comptroller General of the United States, as specified in the
General Accounting OffICe Standards for Audit of Govermnental Organizations, Programs,
Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of ~ 11.42, Florida Statute, and the Rules of the Auditor General;
4. The requirements of the Single Audit Act of 1984, Pub. L. 9&-502, as amended, 31 U.S.C. ~~ 7501-
7507, to the extent here applicable; and,
5. OffICe of Management and Budget Circular No. A-B3, 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 Sub grantee
except where Grantee and Subgrantee have mutually agreed upon another date.
D. Subgrantee shaJJ conduct such additional audits as Grantee or the Federal Emergency Management
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal
procedures
Subgrantee has in pJi1Ce to protect its assets and to ensure compliance with this Agreement.
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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 xm Noneomollanee. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the performance 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
violatioo is cured or has otherwise come to fmal resolution. If the violation is not cured, Grantee may terminate this
Agreement and invoke its remedies under the Asreement as per Articles XVIll and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal
Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the
requirements
in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in
accordance with 44 Code of Federal Regulations Part 17.
ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the
failure of Subgrantee 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 shaII be in writing, and shaII tske effect only upon
execution by both parties. Modifications to any Project Worksheet to be ftmded 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 Worlcsheet shall
be noted in an additional Project Worksheet version for the project If otherwise allowed under this Asreemenl, any
extension shaII be in writing and shaII be subject to the same terms and conditions as those set out in the initiol
Agreement
ARTICLE XVL Time for Performance. Time shaII be of the essence of this Agreement and of the
performance of all conditions onder it. Subject to any modification extending the time for the performance of this
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of
emergency worlc shaII be six (6) months from the date of the Presidential Declaration. The time for the completion
of permanent worlc shaII 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 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 be extended for cause by Grantee.
Extensions shaII not be approved for delays caused by lack of cost-share funding. If any extension request is denied,
Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely
completion. Failure to complete any project will be adequate cause for the termination of funding for that project
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate
into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee hannless
from liability to third parties for claims asserted under such contract.
ARTICLE xvm Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement Such termination shaII take effect thirty (30)
6
days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that bave accrued as of the date of the notice of termination.
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), Florida Statute, the Subgrantee sball be
solely responsible to any and all contractors, vendors, and other parties with whom it contracts in perfonning this
Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence,
Subgrantee sball indemnify Grantee from claims asserted by third parties in connection with the performance of this
Agreement, holding Grantee and Subgrantee barmless 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 sball be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor sball 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 performance 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. Subgrantee 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. Reoort.. Subgrantee sball provide Quarterly Reports to Grantee, on the Quarterly Report
Fonn conforming to the sample attached as Attachment E. The fust Quarterly Report sball 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 inspeetion. 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 inspeetions shall be scheduled
by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the
Quarterly Reports. Grantee may require additional reports as needed, and Subgranlee shall provide any additional
reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement,
the Summary ofDocmnentation, and the Quarterly Reports, the contact for Grantee will be the State Public
Assistance Officer.
ARTICLE XXI Standard Condition.. Subgrantee agrees to the following conditions:
A. The perfonnance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislatme and is subject to any modification in accordance with Chapter 216, Fla. Stat.,
and the disbursement to Grantee of federal funding in accordance with ~ 25Z.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 uniIaIerally terminate this Agreement for refusal by the Subgrantee or its contractors or
subcontractors to allow public access to all documents, papers, letters or other material subject to the
provisions ofCbapter 119, FIa.Stat., that are made or received by Subgrantee or its contractors and
subcontractors in connection with this Agreement.
D. Sub grantee 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.
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E. Subgrantee certifies that it possesses the legal authority to receive the fimds.
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
termination of fimding under this Agreement, and may affect eligibility for fimding under future Subgrantee
Agreements.
G. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with Section 112.061, Fla. Stat.
H. The State of Florida will not intentionally award publicly-fimded contracts to any contractor who
knowingly employs unauthorized alien workers. constituting a violation of the employment provisions
contained in 8 V.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")].
The Department sbalI consider the employment by any contractor of unanthorized aliens a violation of Section
274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section
274A(e) of the INA shall be grounds for uniIatenil cancellation of this Agreement by the Department
I. A person or affiliate who bas been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or
services to a public entity. may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public worlc, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contmct with a
public entity, and may not transact business with any public entity in excess of Category Two for a period of
36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list
1. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42
U.S.C. Section 12101 et seu.), ifapplicable, which prohibits discrimination by public and private entities on
the basis of disability in the areas of employment, public acoommodations, transportation, State and local
government seIVices. and in telecommunications.
K. With respect to any SUbgrantee which is not a local government or stste agency, and which receives fimds
under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the
best of its knowledge and belief, that it and its principals:
I. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. bave not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered againat them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, stste or local) transaction or contract under
public tnmsaction; violation of federal or stste antitrust statutes or commission of emb=lement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise eriminally or civilly charged by a
govermnental entity (federal, state or local) with commission of any offenses enumerated in paragraph 2O(h)2.
of this certification; and
4. have not within a five-year period preceding this Agreement bad one or more
public transactions (fedenil, state or local) terminated for cause or default.
Where the Subgrantee is unable to certify to any of the statements in this certification, such
Subgrantee shall attach an explanation to this Agreement
In addition, the Subgrantee sbalI submit to the Department (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension; Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Subgrantee intends to fimd under this Agreement.
Such form must be received by the Department prior to the Subgrantee entering into a contract with any
prospective subcontractor.
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L The validity of this Agreement is subject to ~ truth and accumcy of all the information,
representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent
submission or response to Department request, or in any submission or response to fulfill the requirements of
this Agreement, and stICh information, representations, and materials are incorporated by reference. The lack
of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days
written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department
from all its obligations to the Recipient.
M This Agreement sbalI be construed Imderthelaws of the State of Florida, and venue for any
actions arising out of this Agreement sballlie in Leon COlmty. If any provision hereof is in conflict with any
applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to
the extent of such conflict, and sbalI be deemed severable, but shall not invalidate any other provision of this
Agreement.
N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contIact, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan or cooperative agreement, the Imdersjgned sbalI complete and submit
Standard Form-LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontIacts, subgrants, and contrncts under grants,
loans, and cooperative agreements) and that all subrecipients sball certify and disclose accordingly.
This certification is a material representation of fact upon which rellimce was placed when this
tIansaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this tIansaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penally of not less than SIO,ooo and not more than SIOO,ooo for each such
failure.
ARTICLE xxn. ~ This Agreement shall take elIect upon its execution by both parties. and shall
terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as
specified elsewhere in this Agreement. Subgrantee sbalI commence project(s) specified by this Agreemertt without
delay.
ARTICLE xxm Events or Default, Remedie., and Terminallon.
A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse
further funds \mder this Agreement sbalI terminate at the option of Gnmtee. Notwithstanding the preceding
sentence, Gnmtee may at its 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 further payment. Gnmtee may at its option terminate this Agreement and any and all funding under this
Agreemertt upon the occurrence of anyone or more of the following:
I. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreemertt with
Gnmtee and has not cured in timely fashion, or is unable or unwilling to meet its obligations \mder this
Agreement;
2. Subgrantee suffers any material adverse change in its [mancial condition while this Agreement is in
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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 information; or,
4. The monies necessary to fund this Agreement are Wlllvailable 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 occurrence of anyone or more of the foregoing events, Grantee may at its option give notice in
writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of
Subgrantee to cure, Grantee may exercise anyone or more of the following remedies:
I. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified
letter to the Subgrantee 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 he available under law.
C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal
requirement.
D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall he
addressed in accordance with the regulations of that Agency.
E. Upon the rescission, suspension or tennination of this Agreement, the Subgrantee 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 enforeement 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. Notwithatanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
tennination of this Agreement by Grantee sball 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 Subgrantee under this Agreement or any other Agreement uotil such time as
the exact amount of restitution due Grantee from Subgrantee is determined. In !be event the Federal Emergency
Management Agency should deob1igate funds formerly 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.
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Subgrantee:
City of Aventura
Disaster #: 1602
ARTICLE XXIV. Attachments.
A. All attachments to Ibis Agreement if any are incorporated into Ibis Agreement by reference as if set out
fully in the text of the Agreemeut itself.
B. In the event of any inconsistencies between the language of Ibis Agreement and the Attachments to it if any,
the language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
Note: All other grant administrative and electronic forms will be provided by Grnntee as necessary or
posted on the Department of Emergency Management website: www.floridapa.org.
ARTICLE XXV. Notice and Contact. All notices Wlder 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
Tallahassee, F10rida 32399-2100
FOR THE SUBGRANTEE:
Eric M. Soroka
Citv Manal!er
r.;"t"y of Avp.nhlT~
19200 West Country Club Drive
Avpn....llT::I. Flori,t:::. 111RO
ARTICLE XXVI nesilmatlon of A2ent. Subgrantee hereby designates Harry Kill!ore
as its primary agent, and designates Martin Sherwood 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 Ibis Agreement:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State ofF1orida, By:
Eric M. Soroka
(Printed Name)
W. Craig Fugate, Director
Division of Emergency Management
(Signed Name)
r.it"y M::.n::lgPT
(Title)
(Date)
Public Assistance Program
(Date)
Federal Employer Identification Number (FEIN)
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