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HomeMy Public PortalAbout19-9693 Declaring a Localized Flooding EmergencySponsored by: City Manager RESOLUTION NO. 19-9693 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DECLARING A LOCALIZED FLOODING EMERGENCY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE r WHEREAS, the Acting City Manager of the City of Opa-Locka has reported to the City Commission that in recent weeks, it has become extremely difficult to navigate some of the City of Opa-Locka's roadways, even after moderate rain events; and WHEREAS, the City staff estimates that moderate rain occurrences are impacting upwards of 500 homes; and WHEREAS, after inspection of aging pipes and other City infrastructure, there is a good faith reason to believe that managing flood waters will continue to present a major challenge to the City; and WHEREAS, City staff has observed that numerous residents and business owners are being severely impacted by localized flooding; and WHEREAS, the condition of some of the City's roadways is likely to create a risk of liability that the City is seeking to mitigate and/ or avoid; and WHEREAS, in 2001 a flood mitigation plan was developed to address the citywide flooding in a comprehensive way, however, due to the city's' financial constraints (which still exists now), only one aspect of the plan recommendations was ever implemented; and WHEREAS, the implemented project from the 2001 flood mitigation plan was related to the Pervez Avenue project, which included the installation of a Stormwater drainage system, sidewalks, elevated table traffic calming devices, and a new roadway; and Resolution No. 19-9693 WHEREAS, due to the financial impact related to addressing all aspects of the flood mitigation plan -- which is now estimated to cost in excess of Fifty Million Dollars ($50,000,000.00), the City intends to seek assistance from the following flood mitigation funding sources: FEMA, South Florida Water Management District, State of Florida EPA; United States EPA and Miami -Dade County; and WHEREAS, within thirty (30) days after the passage of this resolution, the Acting City Manager shall submit a plan specifically detailing actions that the City will be take to pursue funding related to this declaration of emergency; and WHEREAS, the Acting City Manager shall distribute to the Mayor and each City Commissioner the 2001 and 2014 flood mitigation plans, with an accompanying memorandum, stating what specific activities, if any, have already been completed; and WHEREAS, the City hereby declares a localized flooding emergency as a necessary act taken for the benefit of expressing the seriousness of the local flooding matters facing the City and the immediate need for such matters to be addressed. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. Recitals. The recitals to the preamble herein are incorporated by reference. Section 2. Declaration of Localized Flooding Emergency. The City Commission of the City of Opa-Locka, Florida hereby declares a localized flooding emergency within the City. Section 3. Direction to City Manager. The Acting City Manager is hereby directed to a) make all attempts to work with and seek funding from FEMA, South Florida Water Management District, State of Florida Department of Environmental Protection; United States Department of Environmental Protection; Miami -Dade County; and any other agency or entity with the ability to provide funding resources or technical support to the City of Opa-Locka; b) within thirty (30) days after the passage of this resolution, the Acting City Manager shall submit a plan detailing specific actions that the City will be take to pursue funding related to this declaration of emergency; c) the City Manager shall distribute to the Mayor and each City Commissioner the 2001 and 2014 flood mitigation plans, with an accompanying memorandum, stating what activities, if any, have been completed. Resolution No. 19-9693 Section 4. Effective Date. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the Governor of the State of Florida or his designee. PASSED AND ADOPTED this 28th day of August, 2019. Matthew A. Pigatt, Mayor ATTEST: Joara Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bur>(iaylette Norri -Weeks, P.A. Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER BURKE VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES City of Opa-Locka Agenda Cover Memo Department Director: Airia Austin Department Director Signature: et • -� Acting City Manager: Newall J. Daughtrey CM Signature: Commission Meeting Date: 08/28/2019 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Sanitation Division Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: Strategic Plan Obj./Strategy: (list the specific objective/strategythis item will address) x 1111 • NI • • Ill Sponsor Name City Manager Department: City Manager Short Title: A resolution declaring a localized flooding emergency. Staff Summary: In recent weeks it has become extremely difficult and in some cases impossible to navigate some of our roadways after a moderate rain event. These occurances are impacting more than 500 households. Further inspections have revealed failed systems, poorly maintained systems, and no systems to manage the flood waters. Proposed Action: Staff recommends approval, in order to agressivly seek funding to mitigate these problems. Attachment: 1. Agenda 2. Memo 3. Resolution No. 00-6184 4. Resolution No. 00-6185 5. Observed flood zones Newall J. Daughtrey Acting City Manager MEMORANDUM To: Mayor Matthew A. Pigatt Vice Mayor Chris Davis Commissioner Sherelean Bass Commissioner Alvin Burke Commissioner Joseph L. Kelley Telephone: (305) 953-2821 Email: njdaughtrey(&,,opalockafl.gov From: Newall J. Daughtrey, Acting City Manager Date: August 19, 2019 Re: Declaration of Localized Flooding Emergency We toured of our city after a moderate rain event to assess the capital projects Stormwater needs, this is when we observed countless numbers of our residents and businesses being severely impacted by localized flooding. This is further compounded by the condition of some of our roadways, pedestrians and motorist are unable to safely navigate potholes and craters, without risk of injuries or equipment damage. This makes it necessary for the declaration of a localized state of flooding emergency. In 2001 a flood mitigation plan was developed, to address the citywide flooding as a holistic approach; unfortunately, due to the city's' financial constraints, which also exist to date. Only one aspect of the recommendations was implemented, namely the Pervez Avenue project. This included the installation of a Stormwater drainage system, sidewalks, elevated table traffic calming devices, and a new roadway. Moving forward, because the financial impact for resolving these widespread conditions will be in excess of Fifty million. The city will need to petition the following flood mitigation funding sources for assistance. FEMA, South Florida Water Management District, State of Florida EPA, Miami - Dade County. Failing to address these conditions will result in crises of abnormally high proportions. ***END*** Resolution No. 0 0 - 618 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND MIAMI-DADE COUNTY FOR PERFORMANCE OF PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR (5) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OPERATING PERMIT WHEREAS, the City of Opa-locka wishes to enter into an Interlocal Agreement with Miami -Dade County in order that the City may be included as a co-permitee as provided under the Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) Permit Application Regulations for Storm Water Discharges; and WHEREAS, NPDES Final Rules that the professional services required to accomplish the tasks set forth in the NPDES Final Rules and the NPDES MS4 Operating Permit may be initiated and performed on behalf of both the City and the County as co-permitees; and WHEREAS, the City agrees that the EPA is requiring as a part of a five year (5) NPDES MS4 Operating Permit, the sampling, monitoring and analysis of a variety of storm sewer systems throughout Miami -Dade County; and WHEREAS, the City agrees that the costs attributable to implementation of this operating permit shall be the joint responsibility of all participating municipalities and shall be based on a percentage rate; and WHEREAS, the term of this agreement shall commence with the date of execution and shall expire on November 16, 2005. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1: The City Manager is hereby authorized to enter into an Interlocal Agreement with Miami -Dade County. Section 2: The City wishes to enter into an Interlocal Agreement with Miami -Dade County in order that the City may be included as a co-permitee as provided under the Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) Permit Application Regulations for Storm Water Discharges. Resolution No. 0 0 — 618 4 Page -2- Section 3: The City agrees that the EPA is requiring as part of a five year (5) NPDES MS4 Operating Permit, the sampling, monitoring and analysis of a variety of storm sewer systems throughout Miami -Dade County. Section 4: The City agrees that the costs attributable to implementation of this operating permit shall be the joint responsibility of all participating municipalities and shall be based on a percentage rate. PASSED AND ADOPTED this 27 day of DECEMBER , 2000. Attest: Moved by: COMMISSIONER MILLER Second by: COMMISSIONER TAYLOR Commission Vote: 3-0 Commissioner Miller: YES Commissioner Taylor: YES Commissioner Tydus: NOT PRESENT Vice -Mayor Kelley: YES Mayor Miller: NOT PRESENT EPA.res/aqj/cdk Approved as to form and legal sufficiency: DATE City of Opa-locks Public Works & Utilities Department MEMORANDUM DATE: December 19, 2000 TO: Newall Daughtrey, Acting City Manager FROM: W. Ajibola Balogun, Director Public Works & Utilities Department REF.: inter -local Five (5) Year Agreement with Miami -Dade County for National Pollution Discharge Elimination System (NPDES) Permit Revulations for Storm Water Discharge Miami -Dade County has submitted the attached new agreement for execution by the City. We have reviewed the agreement and submitted (attached) the following: I. Difference between the old and the new agreement 2. Scope of the agreement 3. List of the City's responsibility History: The City has been a part of this inter -local agreement for the past three year and we have performed all requirements of US Environmental Protection Agency (EPA) and Miami - Dade County DERM for. a. Monitoring of our storm sewer system b. Sampling of the storm sewer system, as needed. c. Performed analysis of the findings. d. Prepared and submitted annual report to DERM and subsequently to EPA. This program is intended to eliminate pollutants from being discharged into the storm sewer system through outfalls and storm drains. We recommend the approval of this resolution. Should you have any questions or comments please do not hesitate to contact me. END OF MEMORANDUM December 19, 2000 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND NIIAMI DADE COUNTY FOR PERFORMANCE OF PREFESSIONAL SERVICES ASSOCIATED WITH 5 YEAR — NPDES OPERATING PERMIT L DIFFERENCES: 1) % Total of outfalls = 0.3 Total # of outfalls = 3465 # of outfall from Opa-locka = 9 O.L. proportional share of the payment to County for monitoring = $1,800.00 2) Lump sum payments to the County shall be made within 10 days from the date of execution % total of outfalls = 0.2 Total # of outfalls = 3497 # of outfall from O.L. = 9 O.L. proportional share of the payment to County for monitoring = $900.00 • Term of Agreement — start — Date of execution Ends — Nov 16, 2005. 45 days H. SCOPE: As a part of a 5 Year NPDES MS4 Operating permit, perform: 1) Sampling, monitoring and analysis of a variety of storm sewer systems throughout Nfiami-Dade County. 2) Cost of implementation I (Responsibility of all participating municipalities) % rate = % rate (# of outfalls to the US bodies of water in each municioslity) (Total # of outfalls existing within the geographic boundaries of all co-permittees) a II- Cif, RFSPONS— IDLL 1) Submit ()Wag update information promptly to the County for the County to have most accurate and current info. 2) (i) Take reasonable steps to prevent theft or vandalism of County equipment located within the City's jurisdiction. Acknowledge that County's equipment may be placed at City's jurisdiction for (u) extended period of time, as necessary to complete the sampling & monitoring. 3) (i) Within 45 days from the date of execution of this agreement, the City shall make a lump sum payment to the County of its proportional share of the payment (See % rate formula under Scope)• which will be subsequently due on the (ii) Total cost for analyses is a yearly stipend, adversary date of execution of this agreement. or subsequent payments shall (iii) Failure to pay the agreed -upon lump sum payment be deemed default & shall cult in a reversion of the City's NPDES MS4 operating permit status to Individual Permit Holder. 4) (i) Provide the County with reasonable access at all times as necessary to complete the analysis• to a royals required is order (ii) Shall obtain any City permits & City regulatory PP for the County to run the sampling. 5) (i) Shall indemnify & hold harmless the County and its representatives from any and all liabilities. therewith shall investigate and (ii) Shag pay all claims & losses in connection defend all claims, suits or actions of any kind or nature in shall P Y� County, where applicable, including appellate proceedings, a all costs, judgments and attomey's fees which may issue thereon. (iii) This indemnification shall only be to the extent and within the limitations of section 768.28 Fla St., subject to the provisions of that statue whereby the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000.00 or any claim or judgment or portions thereof which, totaled with all other claims or judgment paid by the City arising out of the same incident or occurrence, exceed the sum of $200,000.00 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the City. INTERLOCAL AGREEMENT BETWEEN THE DADS CITY OF FOR PERFORMANCPA-LOCKA AND E ASSOCIATED WITH PROFESSIONAL SERVICES ,THE FIVE-YEAR NPDES OPERATING PERMIT' ("Agreement") is wishes to enter into this Interlocal AgreementDade County WHEREAS, the City , 2000, by and with Miami-Dade to as day of a locks [hereinafter made into this — "COUNTY") and the City of Op ' a [h as provided under the [hereinafter referred a as the be included as a co -perm �e "CITY"), in order that the City may accomplish the AgencyEPA) National Pollutant Discharges. required to accomp Environmental ProtectionES Final Rule that the professional services Permit may be initiated WHEREAS, NPDES the DES MS4 Operatingrmittees. tasks set rmeedron behalf of both h CITY andd tthe OUNTY as cope and perfo Section I Definition For purposes of this Agreement, the following terns shall apply: including any written amendments thereto, and other shall mean this document, 1 incorporated herein by reference. A arts thereof which are express y written documents or p CITY shall mean the by and through its CLAIM shall mean Miami -Dade County• epidemic, lightning, earthquake, fire, explosion, shall mean an act of God, epi ublic many, or blockade, insurrection, F ce, eke, an act of p C8 or similar occurrence, hurricane, flood arrest similar int ooc,cuCg t and people, civil disturbance t of government is or riot. genet arrest a restrain be expected to have a material adverse effect on the rights which has had or may reasonably obligations under this Agreement used in this Agreement shall have the definitions � meted herein by ined in the E A other instances+ terms ent "A ), incorporated EPallA NPDES Final Rule 40 CFR Parts 122,123, 124 (Attachment reference. Sectt n II errn f A ement Whereas, the term of this Agreem ent shall commence with the date of execution, and shall expire on November 16, 2005. Section III Sco a of Work DES MS4 Operating is requiring as P� of a five Y� � Miami -Dade agree that the EPA sewer systems throughout of a variety of storm operating Miami-Dade shall be The parties hereto stipulate and a and analysis lementation of this op a rate obtained by Permit the sampling, monitoring,costs attributable to imp on a percentage The parries hereby l par that the and shall be based in each participating County• of all participating municipalities, water existing ermittees. the joint responsibility within the geogTaPhic boundaries of all co-p dividing the number of outfalls that drain States bodies o municipality by the total number of out Section IV COUNTY's Obli ations analyses and related COUNTY shall perform all DES MS4 O•ecat►n• Permit The Operating Permit. Com i t e nce with s NPDES MS4 Op state and local permits_ and approvals (with the activities as required in Miami -Dade Count required in applicable federal, b the CITY) which are ( approvals, if any, which shall be obtained Y Permits The COUNTY shall obtain all apP�4 Operating Permit. exception of CITY Permits and ` sampling with a report with the results of all monitoring and samp g order to conduct activities undertie NPD The COUNTY shall provide the CITY snit. Re¢ operating activities required under the NPDES op DES MS4 provide the CITY with oral or written notice of all regular Meetin The COUNTY shall p the compliance status with the NP Notice of DERM -_--g of reviewing meetings held by COUNTY staff for the purpose Operating Permit. Section V CITY= s Obl►aations with outfall update information as Submittal of Outfall Information The CITY agrees w to provide the COUNTY the COUNTY may be accurate changes in outfalls occur, in order that the data maintained Y promptly as an Y s to prevent theft or and current. that such ui men The CITY shall take reasonable steps acknowledges Theft of COUNTY within the CITY's jurisdiction. The CITY necessary to Prevention of Th periods of time, Operating located jurisdiction for extended p r the NpDES MS4 vandalism of COUNTY equipmentlatcd by this Agreement an equipment may be placed within the CI�ks contemplated complete the sampling and monitoring Permit. 2 Agreement, the CITY shall make a lump ' Com ensation Within ten ( ) Y payment due nt the COUNTY for associated t0 days from the date of execution of this � Agreement. The sum due shall �to the COUNTY of its proportional share of the p ym sum payment pursuant to this Ag the relative percentages that each participating monitoring activities which are the total cot financial obligation S elan bodies of water. [t is hereby stipulated b dividing the total cost for analyses by be determined Y water drainage to United municipality contributes towards storm stipend. The yearly cost as calculated(l)b subsequently , and (5) f ee that the total cost for analyses is t iyearly Agreement in years two (2), three (3), and agreed Lump sum payment or subsequent due iv the anniversary date of execution of this Agr year }1pDES M54 Operating Permit. Failure to pay the agreed-uponemeG and shalt result in a reversion of the the five y the CITY pursuant to this Agre in share of each the payments shall be deemed default by co- CITY's 1.IpDES M54 Operating Permit status to Individual Permit Holder. e proportional permittee has been calculated and is listed on Attachment "B" be located within the times as jurisdiction. e CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish ish Permits The storm sewer systems which may vacs required in order for the COUNTY accomplish the analysis of any permits and CITY regulatory approvals The CITY shall obtain any CITY p jurisdiction. to accomplish the above activities that may be located within the CITY's � Section VI Index tton the CITY shall indemnify and hold harmless the COUNTY and its To the extent permitted by law, and �[ liability, losses or damages, including employees, agents and instrumentalities from any employees, agents or instrumentalities officers, employ which the COUNTY or its officers, kind in nature arising attorneys' fees and costs of defense, suits, causes of actions or proceedings of any agents, performance of this Agreement by the CITY or its employees, g may incur as a result es claims, demands, shall pay all claims and losses in out an relating r or resulting from the pants of,suits or actions of any kind or nature in the servants. partners, Principals, subconsultants or subcontractors. The C a all costs, judgments, applicable, including appellate proceedings, and shall pay connection therewith and shall investigate and defend all claims,suits indemnification shall only be to the extent name to the COUNTY, where and attomey's fees which may issue thereon. Provided, however, provisions of that statute whereby the e claim or judgment at any one person and within the limitations le Sectionapersonal injury or property damage f which, when totaled with all CITY shall not be held liable pay or any claim or judgment or portions thereof, exceed the sum all which exceeds the sum of S100,000,yth paid by the CITY arising out of the same incidint� ll��' losses or causes of action other claims or judgment dall penal injury or property damage claims, $20t},000 from any which may arise as a result of the negligence of the CITY. 3 SectinV I Coun Event of Default fulfill any of its material obligations in Force Miaeure, shall constitute a "COUNTY event of the failure by the COUNTY to substantially Without limitation, this Agreement, unless justified by accordance ri fits and remedies i which it may exercise singly default". default should occur, the CITY shall have all of the following $ If a COUNTY event sor in combination: reement the right to declare that this $ led to COUNTY hereunder are terminated, effective up together with all rights gran on such date as is designated by the CITY; l 2. any and all rights provided under federal laws and the laws of the State of Florida. Section I Cit Event of Default ensation, and without limitation, the �l� failure In addition to the provisions• set forth in Section V, Come Ce with this Agreement, the fulfill any of its material obligations in accordance CITY to substantially by Force Majeure, shall constitute a "CI Event of Default". is and remedies If a CITY Event of Default sh ould occur, the COUNTY shall have all of the following P which it may exercise singularly or in combination: ewer with all rights granted to CITY hereunder are terminated, l , the right to declare that this Agreement the COUNTY: effective upon such date as is designated by rovided under federal laws and the laws of the State of Florida. 2. any and all rights P Section X General Provisions e CITY hereby authorizes the _Permit The DES MS4 and sampling portions of the � Authorization to respect to the monitoring io thereto as a condition of half with h al requirements imposed by EPA with respect COUNTY to act on its be 1 with all Operating Permit and shalt comply the NPDES MS4 Operating Permit. resent the CITY in NPDES MS4 0 4 eratin but is not required to, attend any or all Y may, Operating a Attendance at COUNTY Peet Review Meetin u• The CITY fTTviewing the status of the l.1pDES MS4 Op g regular meetings held by COUNTY staff for the purpose Tem Permit. providing sixty (60) days prior written notice f i n Either party may terminate this Agreement without cause by p r termination without cause paid the �----- the other party. The CITY shalt be entitled to reimbursement of monies paid to notice of intent to terminate to the CI" to the extent that services providing the COUNTY only in the event en termination for cause by the COUNTY. Upon termination by COUNTY, and the CITY shalt then b4 Perrmitthave no been rendered by the o such reimbursement only to Individual Permit Holder. information useful to the l.Ip Op MS either arty, the 1.1PDES MS4 Operating Permit status of the CITY shall revert p •�rccntent incorporates and and understandings applicable s the A�reenient• Prior do s, worts o ersce, conversations, tagreemen Sto I ent understandings s eats, s understandings Enure correspondence, includes all prior negotiations, Agreement, and that this hers contained herein. The parties agree that there are no commitments, agreements, it is ma subject matter of this Agreement that are not contained in this Ag concerning the subj parties as to matters contained herein. Accordingly, predicated upon any prior representations or agreements, this Agreement contains the entire agreement between the p or modifications concerning agreed that l deviation from the teams hereof shalt an p oral representations whether oral or written. It is further agreed that any Agreement shall force or effect, and that this Agreement maysbe entativesied, altered or amended only Y executed by the parties hereto or their repre a written amendmee ntt duly of and do not constitute a part of Captions and headings in this Agreement areforease of reference ly herein. this A s Cap or interpretation of any provisions this Agreement and shall not affect the meaning this Agreement shalt be written and p approvals required or contemplated by uested, addressed personally Notices and Approval Notices and with return receipt req personally served or mailed, registered or certified United States mail, to the parties as follows: To County. To City: Attn: 305/ Miami -Dade County Department of Environmental Resources Management 33 S.W. 2Ave, Suite Directo0r QS/372�6789a 33130 Attn: Department 5 R provided in this Agreement, in the event of any dispute arising over rothis with the timely performance i their obligations Performance by Parties Except as ,the otherwise shall p dispute. the provisions of this Agreement, the p proceedings to resolve such disp during the pendency of any legal or other similar p person other than express or implied is intended to confer upon any P g Bement exp thep_ s f ethers any rights or remedies under or by reason of this Agreement. the parties hereto any g performance of all terms and e is of Essence It is mutually agreed that time is of the essence in the p Time pursuant to this Agreement. conditions to be met and performed P of the State of t shall be governed by and construed in accordance with tdhi t onsof the State of Freemen process and j AgrBement. G Florida.a e C This A, to this Agreement or a breach of this he orida. The COUNTY and the aim arising out of ortrelating o this P arising from or related to this Florida for any controversy oparties for any such controversy Venue for any court action between the pCounty, Florida, or in the United States it in and for Agreement shall be in the Eleventh Judicial Florida,un Dade CountDade y, Florida. District Court for the Southern District one or more of the phrases, sentences, tclauses, e s s, or Sections on a hedtn tehis Agreement The invalidity of he validity of the remaining onion of Agreement, provided nal Agreement shall greementclan be determined and effectuated• purposes of this Agreement the �Y right related to this Agreement unless in writing r such right ors hall right under this Agreement shall imp Waiver 'There shall No dela y aor failure to exercise a rig particular right so waived and shall not waiving such rig Y waiver shall be limited to the p right under this Agreement. be construed to be a waiver thereof t at a later time, or of any other rig be deemed a waiver of the same right Florida,has caused this Agreement to be executed in its the Clerk a the Board of County Commissioners and WITNESSIN oun WHEREOF, Miami -Dade County, d the City of name by the County manager or his designee, attested by to � hereto attached; an of Count Commissioners the Town Mayor Board Y has caused the scat of the Florida has caused this Agreement to be executed in its name y or his designee, attestedbthe Clerk of the Town Council and has caused the seal of the Council to be hereto ady year first written above. attached, all on the day lvtIAMI-DADE COUNTY, Clerk of the Board FLORIDA, ow COMMA ITS RD S Attest: By: Clerk of the Board Clerk of the —_- — By: County Manager City of ka, Florida BITSCOUNCILattest: By: Ctty Manager 6 ATTACHMENT "B" "ANNUAL MONITORIO COSTS OSS S FOR DADE COUNTY AND C Number of Percentage Total of Dollar Contribution for Municipality/Agency Outfalls Outfalls NPDES County Plus C.P.' 1,350 11 0'3 7,200 1. Bal Harbour Village 54 l.6 13,500 ?. Town of Bay Harbor Islands 104 3.0 193,050 3. City of Coral Gables 1,495 42.9 93,050 4. Miami -Dade County 740 21.3 4,950 5. Fla. Dept. of Trans. (FDOT) 39 1.1 450 6• Town of Golden Beach 4 O.l 900 7. City of Hialeah Gardens 6 0.1 1,g00 g. City of Homestead 13 0.4 450 9• Indian Creek Village 1 0.1 26,550 10. Town of Medley 206 5.9 4,500 11. City of Miami Beach 36 l .0 450 12.. Miami Shores Village ..` 2 0.1 6,750 13. City of Miami Springs_ 52 1.1 21,150 14. City of North Bay Village 4 5 163 6.7 21,150 15. City of North Miami 222 1,350 16. City of North Miami Beach 9 p.3 1,350 17. City of Opa-aka 12 0.3 1,350 18, City of South Miami l2 0.3 450 19. Town of Surfside 2 O.l 3,150 20. City of West Miami 23 0.1 8450 21. Village of Key Biscayne 62 1.8 14,400 22. Village of Pinecrest t 10 3'2 900 23 City of Aventura � 0.2 11,250 24_ Village of El Portal 87 2.5 25. City of Sunny isles Beach 3,472 100.0 $450,0002 Totals 'C.P. is Co-Permittees and Co-Percruttea' NPDES Requirements 'Total Annual Cost of County G$.nit Resolution No. 0 0 - 618 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FEDERAL DISASTER RELIEF FUNDS AVAILABLE BECAUSE OF THE IMPACT CAUSED BY THE OCTOBER 2000 FLOOD DISASTER WHEREAS, the Govemor of the State of Florida declared a state of emergency because of the impact on Florida caused by the October 2000 Flood Disaster; and WHEREAS, the President of the United States also declared a state of emergency in several counties in Florida; and WHEREAS, the Federal Emergency Management Agency (FEMA) has funding available for disasters No. FEMA-I3-DR-FL and FEMA Project Application No. 025-51650-00; and WHEREAS, the City of Opa-locka expended funds for preparedness and other disaster relief efforts. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1: The City Manager is authorized to execute the attached agreement between the City of Opa-locka and the State of Florida Department of Community Affairs for disaster relief funding. Section 2: The City Manager is directed to comply with all of the terms and conditions of the agreement. Section 3: The City Manager is authorized to enter into any necessary amendments to the agreement consistent with his authority as City Manager to ensure receipt of the disaster relief funding. PASSED AND ADOPTED this 27 day of DECEMBER , 2000. Resolution No. 0 0 - 618 5 Page -2- Attest: Moved by: COMMISSIONER Second by: COMMISSIONER Commission Vote: 3 - 0 Commissioner Miller: Commissioner Taylor: Commissioner Tydus: Vice -Mayor Kelley: Mayor Miller: 2000flood.reslagycdk MILLER TAYLOR YES YES NOT PRESENT YES NOT PRESENT Approved as to form and legal sufficiency: /2 - 26 - z©oc7 DATE City of Opa-locks Public Works & Utilities Department MEMORANDUM DATE: December 19, 2000 TO: Newall Daughtrey, Acting City Manager FROM: W. Ajibola Balogun, Director Public Works & Utilities Department REF.: Disaster Relief Funding Agreement with State Department of Community Affairs (DCA) October 3, 2000 Disaster Relief Funding The attached financial agreement with the State DCA are for FEMA funded October 3, 2000 flood disaster. The City among other cities in Dade County sustained damagers to our Public Facility and infrastructure. We have submitted applications that have been approved by both the State DCA and FEMA. The funding is now allocated toward$ the rehabilitations for an excess of $10 million. The application was submitted for: 1. Repairs to disaster affected area. 2. Hazard Mitigation was requested for disaster -affected area. In accordance with FEMA's Application Handbook, Hazard Mitigation is defined, as "Hazard Mitigation is any cost-effective measure that will reduce the potential for damage from disaster event. Hazard Mitigation measures are very important in minimizing the impact of future disaster events and in making facilities disaster resistant". To date, our funding request submitted includes: a. Debris removal, disposal and labor b. Over Time Labor clean-up cost c. Canal clean-up and mitigation d. Added infiltration to the Sanitary Sewer system due to the flood e. Drainage & roadway system mitigation. We recommend the approval of this resolution. Should you have any questions or comments please do not hesitate to contact me. END OF MEMORANDUM Department of Community Affairs Contract No. DISASISE RFPEF FUNDWG AGFEEMENT This Agreement is between the State of Florida, Department of Community Affairs (the "Grantee"), and the (the Subgrantee"l for the financial assistance available under this Agreement_ This Agreement is based on the existence of the following conditions_ The South Florida Floods had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a declara- tion of emergency by the Governor in Executive Order In consequence of The South Florida Floods, the President of the United States declared The South Florida Floods a. major disaster in the following counties: Miami -Dade, Broward, Monroe, and Collier. The Public Assistance Program was made available to eligible applicants in the counties of Miami -Dade and Broward. The Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds re- quires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs with its Subgrantees. A Budget Amendment has been prepared and is being considered to provide for the necessary funds and authorities for this event. Under the emergency Management Act, as amended, the LO 'd £S: 9T nn, FT oaQ ----- 1 TF)I-OTP-MP:xea uotip6r1rw o A mArrav Department has authority to administer federal financial assistance from the Agency consequent to a presidential declaration of disaster. Based upon the existence of the foregoing conditions, the parties agree to the following: ARTICLE I_ Definitions. .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-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 G.S.C. § 5121-5201; 44 C.F.R. Part 206; and appli- cable policies of the Federal Emergency Management Agency_. B. "FEMA-State Agreement" is the agreement of October 9, 2000 between the Federal Emergency Management Agency and the State of Florida, for Disaster No. FEMA-13-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 fore- going, the requirements of 44 C.E.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Funding and Insurance. Grantee shall provide funds to Subgrantee for eligible activities for the projects ap- proved by Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs a:1'd 2 2S:9T 00, 61 Sae t61J-0Td-058:XPa U011P6111W 5Z fiJana0aA shall be determined in accordance with 44 C.F.R. Parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate fund- ing, thereby amending the total amount of funding. 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. contingent upon an appropriation by the Florida Legislature, the Grantee agrees to provide one-half of any non -Federal share for local government • 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 Subgrantee similarly agrees to provide any non -Federal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or the Federal Emergency Management Agency that funds 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 3 DO'd Mg' On, 61 oai I6LT-nib-nKR:xe4 uoi12611114 9 fiJanooam 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_ puOlication of Benefits prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other dupli- cate 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 of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Comptroller 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 a n and Permitting Laws. Subgrantee shall be responsible for the im- plementation and completion of the approved projects described in the project Worksheets in a manner acceptable to Grantee, and in 4 c,f1 ',{ VS:9T 00, AT oarf TFJT-car/ uoilgiltw sZ Ai_laA03a1A accordance with all applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted 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, 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. Rewired Documentation. Reviews, and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments 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 $50,600.00): 1. A Request for Advance or Reimbursement conforming to the sample attached to this Agreement as Attachment A; 2, A Summary of Documentation Form conforming to the nn ',4 t7C: ii AA. AT Jai TA1T-nTn-ACCVYP4 UOT1P6T1TIA h 61anmav sample attached to this Agreement as Attachment B, 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 listing upon the completion of all projects; and 5. The Project Listing and Certification specified by Paragraph 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 specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VTI. Cast 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 the nonfederal share shall be twenty-five (25) percent. As a condition of funding under this Agreement, the Grantee shall pay fifty (50) percent of the nonfederal share and Subgrantee shall pay the remaining fifty (50) percent. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon an appropriation defining the apportionment of 6 »Y cl SS:gt 00, eT earl TFIT-nre-nCR- a uo-eu;fi'tlte a Fi leeneee the nonfederal share. Administrative costs in addition to the Project Worksheets chat are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds will also be funded by the Federal Emergency Management Agency. ARTICLE VIII. paeaent of Spst^n. Grantee shall disburse the eligible coats 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 formal 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 Sebgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A; 2. A summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and 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 Sub - grantee not exceeding the federal share if Subgrantee meets the 80 ' d SS 9[ pn, 6C:4F 7 jF i j_njp-NR; x.P4 uoi 1p6T l w 9 F.,anoaax R following conditions: 1. Subgrantee shall demonstrate 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 ad- vance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; 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 predisaster 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 8 60'd SS:9L 00, 61 ca<1 T61T--OTT-ngR'Xe4 UOf1P61liW A AJ9A00aA n 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 determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: Subgrantee shall have completed Subgrantee shall have submitted A. B. specified in Articles VI and vIil of this the project; the documentation Agreement; C. In the case of Large Projects, the Grantee shall have performed 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 performed 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 performance 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 of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as OT 'd 9S:9T 00, 6T caQ 9 t61.1-0Tb-i1SR:XPA UO11E6t114 9 fiJanopaA codified in 44 C.F.R. Part 13, as amended; 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-110, "Uniform Administrative Requirements for Grants and Other Agree- ments with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-122, as amended. "Cost Principles for Non -Profit Organizations," E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the 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. 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. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to sebgrantee under this Agreement exceed the It'd • 10 9S:9T 00, 61 Dad I611-0I17-0SR: Ye4 UOi 1B61144 p fiJanwee 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 determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, 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 $100,000.00. 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 requirements of §§ 11.45, 216.349, and 216.3491, Fla. Stat. (1999), 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. §§ 7501-7507, to the extent here applicable; and 5. Office of Management and Budget Circular No. A-133, 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 9S:91 00. 6T 3ala it I6/T-OTb-(KR:xL'{ u0Tle6il[W p fiJan03aH n 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 determine necessary to determine 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. xgncompliance. 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 hae occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement in accordance with Articles XXI and XXV of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its ad- ministration of disaster assistance under this Agreement, in JC:4T AA, FT Dart 12 TR)T-nTh-AQQ!Y-P4 UOT1P6tlYW 9 61aAninv date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the presidential Declaration. For barge 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 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. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs 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. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for the 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 harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. Tgrmi.nation. Either of the parties may termi- nate this Agreement by notice in writing delivered to the address specified in Article XXIII of this Agreement. Such termination !S:4T m, ki Jai 14 TFJT—nTb—NR:YEa Uot1P6i1TW 9 RJanonaN shall take effect thirty (30) 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 have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. A. Grantee assumes no liability to third parties in con- nection with this Agreement. Unless the Subgrantee is at governmental entity covered by § 768.28(5), Fla. Stat. (1999), the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee 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 performance.of this Agreement, holding Grantee and Subgrantee harmless from the same. B. For the purpose of this Agreement, the Grantee and Sub - grantee 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 this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall any- thing in this 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. gi .d 8S:gT 00, 6T 39a 15 I61T-0Td-0S8:xPA u0Ile61liw fiJenon34, n D. 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.:-Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report. shall be due at such time as Subgrantee 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 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 , and may be required by Grantee based the Quarterly Reports. Grantee may as needed, and Subgrantee shall before the final inspection on information supplied in require additional reports 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 8S:91 00, 6T San 16 TUT-0Tb-OSB:xP3 uollE611iw p AJW0a8 Reports, the contact for Grantee will be the State Public Assis- tance Officer. ARTICLE XXI. S =hdard Conditions. Subgrantee further agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252.3/(4), Fla. Stat. (1.999)• B. Bills for fees or other compensation for services or ex- penses must be submitted in detail sufficient for a proper preaudit and poetaudit. C. Grantee may terminate this Agreement for the refusal by Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119.07(1), Fla. Stat. (1999), that are made or received by Subgrahtee 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 be adequate cause for termination. 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 8T 'd 17 �S!4T 00, 6T Sal IQT-0117-0SR:XP4 udcle6tiiw fiJammaN with this Agreement or any modifications to this Agreement. E. Subgrantee certifies with respect to this Agreement that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with the SuDgrantee, and further agrees that noncompliance with this Agreement shall be adequate cause for the recission, suspension or termination of funding u this Agreement, and may affect its eligibility for funding under future Subgrantee Agreements. ARTICLE XXII, Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon the approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence the project(s) specified by this Agreement without delay. ARTICLE XXIII• NO 're and Conte• 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: For the Subgrantee: Joseph F. Myers Management Division of Emergency Affairs Department of Community 2SSS Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ARTICLE XXIV. DPsiana ion of Agent. Subgrantee hereby as its primary agent, designates as its alternate and designates FT 'd Fg:GT on, FT J66 18 TSJi flib-f1SR: � uotie6tite e fiJanooa>1 agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. Remedy es and Te�.L' ARTICLE XXv- Events fs'— A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the oc- currence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. 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 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 cored 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 eF 'd 6S:9T m, ET iag 19 TR) T—nTn—ACP: YPa UO11P611TW 9 fi_►ancosA •••=1111. submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or 4_ The monies necessary to fund -this Agreement are unavailable due to any failure to appropriate or other action or inaction by Congress or the Legislature, or due to any action of the Office of the Comptroller Or the Office of Management and Budget. B. upon the occurrence of any one or more of the following events, Grantee may at its option give notice in writing co sub - grantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exer- cise any one or more of the following remedies: 1. 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 XXIII 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 which may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of any material fact, for the failure or IZ'd 20 00:21 00, 61 3aG T62i-0id-QSR:xe-i UOT1P6i1TW Q 6Jano3aA nonperformance of any condition or obligation under this Agreement, or for noncompliance with any applicable legal requirement. D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of the Administrative Procedure Act, as amended_ Notwithstanding the preceding sentence, any deobligation of funds or other de- termination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement. the Subgrantee shall refund to Grantee all funds dis- bursed 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 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 until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate 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 21 OO:LT 00, 6T �aQ T621-0Tb-OS8=xid uo!ie6 «cW g fiJarenaN R I Subgrantee in accordance with this Article. ARTICLE XXVZ. Attaahmentk. A. All Attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement 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 co the extent of such inconsistencies. C. This Agreement has the following Attachments: 1. Attachment A 'Request for Advance or Reimbursement" Z. Attachment B 'Summary of Documentation" 3. Attachment C 'Quarterly Report Schedule and Instruc- tions' 2Z'd 00:LT 00, 6T paa 22 T6LI-01V-NR:xPA Uoile6111w 6Janoowi I21 WITNESS WREREOF, the Grantee and Subgransee have executed this Agreement: Gt�Atsg�e DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: JOSEPH F. MYERS Director, Division of Emergeacy Management [Date Public Assist r am Program Description 01 RM I6 Contract Number F Tb q ,barant&A= �� ubgxantee Name f Tit e [Da llet Federal Employer ID No. 23 -i - I6LT-OZV-OSS: � uotle6111W fiJanooa23 DL'd ZO�LT 00. 6I aQ n sT/,Ta of FLORIDA DEPARTMENT OF COMMUNITY AoFFAIRS t 'Dedicated to making Florida a better place o iI yteve4 tit WSW Fat15.m+ cwarna DIVISION OF EMERGENCY MANAGEMENT BUREAU OF RECOVERY &A TION PUBLIC ASSISTANCE DATE: f TO: �acL‘x_, 1 ORGANIZATION:_ 5Pa TELEPHONE#: � ---- q 2 q 2c� FAX #: FROM: ORGANIZATION: TELEPHONE #: FAX #: # of pages including cover sheet COMMENTS: Cit/7-4/j, or /3-2 - 33 g Se>7eury LLAHASEE FLORiCIA 2355Phone: 50 465 546685OunoomV276 6466A FAX: 650S921�.0761/5 ucom200 291.0751 tnternet address: http://www.dca.state.fi.us utetctr�,C,,•,rucr�.txr ,W VP G & CO wumn ppltglfar�.T aus 2796 0.i STATE COrKow itt1D Orf10E ao�.rn,d 2!S] S>� 0.r ae�.� coranx++ty rl�rw zsss s>wmro t7.k b9i O.dfeas H�I,�r. 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