HomeMy Public PortalAbout2001-14 Approving Statewide Mutual Aid Agreement; Providing for Mutual Aid in DisastersRESOLUTION NO. 2001-14
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
STATEWIDE MUTUAL AID AGREEMENT, PROVIDING
FOR MUTUAL AID IN DISASTERS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami -Dade County Office of Emergency Management has requested that
the Village of Key Biscayne approve and enter into the attached Statewide Mutual Aid 28 page
Agreement dated July 31, 2000; and
WHEREAS, approval of the attached Statewide Mutual Aid Agreement is in the best
interests of the Village of Key Biscayne;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The attached Statewide Mutual Agreement is hereby approved, and the Village
Manager and the Village Clerk are hereby authorized, in their respective capacities, to execute such
Agreement on behalf of the Village of Key Biscayne.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13th day of February , 2001.
CONCHITA H. ALVAREZ, CMC, VILLA
APPROVED AS TO FORM AND LEGAL S
N
RICHARD AY W
ISS, V
AGE ATTORNEY
MAYOR JOE I. RASCO
Florida
Department of Community Affairs
Contract No. 01-RM-L5-11-23-02-027
DISASTER RELIEF FUNDING AGREEMENT
This Agreement is between the State of Florida, Department
of Community Affairs (the "Grantee") and, Village of Key Biscayne
(the "Subgrantee"). 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 declaration of emergency by the Governor in Executive Order
00-297. In consequence of the South Florida Floods, the
President of the United States declared the South Florida Floods
a major 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
Department has authority to administer federal financial
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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 U.S.C. § 5121-5201; 44 C.F.R. Part 206; and
applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement of October 9,
2000 between the Federal Emergency Management Agency and the e
State of Florida, for Disaster No. FEMA-1345-DR-FL.
ARTICLE II. APPLICABLE Law. The parties agree to all the
conditions, obligations, and duties imposed by the FEMA-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.F.R. Parts 13 and 206, and the
policies of the Federal Emergency Management Agency.
ARTICLE III. FUNDING and INSURANCE. Grantee shall provide
funds to the Subgrantee for eligible activities for the projects
approved by the Grantee and the Federal Emergency Management
Agency, as specified in the approved Project Worksheets.
Allowable costs shall be determined in accordance with 44 C.F.R.
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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
funding, 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
Subrantee agrees that the Grantee may withhold funds otherwise
payable to Subgrantee from any disbursement to Grantee upon a
determination by Grantee or 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
cover any and all projects to be funded under this Agreement
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where insurance is available and reasonable. Subgrantee shall
provide Grantee with a certificate of such insurance as a
condition to funding under this Agreement.
ARTICLE IV. DUPLICATION OF BENEFITS PROHIBITION. Subgrantee
may not receive funding under this Agreement to pay for damage
covered by insurance, nor may Subgrantee receive any other
duplicate benefits under this Agreement.
A. Subgrantee shall without delay advise Grantee of any
insurance coverage for the damage identified on the applicable
Project Worksheets and of any entitlement to compensation or
indemnification from such insurance. Subgrantee shall reimburse
Grantee without delay for any duplicate benefits Subgrantee may
receive from any other source for any damage identified on the
applicable Project Worksheets for which Subgrantee has received
payment from Grantee, to the extent 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, PLANNING AND
PERMITTINGaLAWS. Subgrantee shall be responsible for the
implementation and completion of the approved projects described
in the Project Worksheets in a manner acceptable to Grantee, and
in accordance with applicable legal requirements. The contract
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documents for any project undertaken by Subgrantee, and any land
use permitted by or engaged in by Subgrantee, shall be consistent
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. Required 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 4Request for Advance or Reimbursement 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
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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 VII. Cost Sharing. The federal share of the
eligible costs specified in the Project Worksheets under this
Agreement shall be seventy-five (75) percent of such costs and
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
the nonfederal share. Administrative costs in addition to the
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Project Worksheets that 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. Payment of Costs. Grantee shall disburse the
eligible costs to Subgrantee in accordance with the following
procedures.
A. Grantee shall disburse the federal and nonfederal shares
of the eligible costs for Small Projects to Subgrantee as soon as
practicable after execution of this Agreement and 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 Subgrantee 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.sncurred in the performance of eligible work.
C. Grantee may advance funds under this Agreement to
Subgrantee not exceeding the federal share if Subgrantee meets
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the 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
advance 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
with 44 C.F.R. Part 206 before the commencement of any work.
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F. Grantee may, in its discretion, withhold its 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:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation
specified in Articles VI and VIII of this Agreement;
C. In the case of Large Projects, the Grantee shall have
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
codified in 44 C.F.R. 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-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,
"Cost Principles for Non -Profit Organizations," as amended.
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
the final resolution of
2. The expiration
disbursement under this
of final inspection and final audit, and
any issues identified in the same; or
of three (3) years from the date of final
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 Subgrantee under this Agreement exceed the
eligible costs, Subgrantee shall reimburse to Grantee the sum by
which the total disbursements exceed the eligible costs within
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forty-five (4 5) 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 $300,000.00.
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. (2000), and the Rules of the Auditor General;
4. The requirements of the Single Audit Act of 1984, Pub.
L. 98-502, as amended, 31 U.S.C. §§ 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
private nonprofit organization, it shall submit an organization -
wide audit.
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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 fo
the internal procedures Subgrantee has in place to protect its
assets and to ensure compliance with this Agreement.
E. If this Agreement is closed out without an audit,
Grantee may recover from Subgrantee any disallowed costs
identified in an audit after such closeout.
ARTICLE XIII. Noncompliance. If the Subgrantee violates
this Agreement or any legislation, regulation, statute, rule or
other legal requirement applicable to the 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 violation is cured or has
otherwise come to final resolution. If the violation is not
cured, Grantee may terminate this Agreement and invoke its
remedied 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
administration of disaster assistance under this Agreement, in
accordance with 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 206.
In addition, Subgrantee shall be subject to the requirements in
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the General Services Administrative Consolidated List of
Debarred, Suspended and Ineligible Contractors, in accordance
with 44 C.F.R 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 shall be in writing, and shall take
effect only upon execution by both parties. Modifications to any
Project Worksheet to be funded under this Agreement may be
requested by Subgrantee through Grantee, but the approval of any
such modifications shall reside in the sole discretion of the
Federal Emergency Management Agency. Any approved modification
to a project Worksheet shall be noted in a Supplemental Project
Worksheet Version for the project. If otherwise allowed under
this Agreement, any extension shall be in writing and shall be
subject to the same terms and conditions as those set out in the
initial Agreement.
ARTICLE XVI. Time for Performance. Time shall be of the
essence of this Agreement and of the performance of all
conditions under it. Subject to any modification extending the
time for the performance of this Agreement approved by Grantee or
by the Federal Emergency Management Agency, the time for the
performance of emergency work shall be six (6) months from the
date of the Presidential Declaration. The time for the
performance of permanent work shall be eighteen (18) months from
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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 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 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. Termination. Either of the parties may
terminate this Agreement by notice in writing delivered to the
address specified in Article XXIII of this Agreement. Such
termination shall take effect thirty (30) days after the date of
such notice. Such termination shall not affect the rights,
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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
connection with this Agreement. Unless the Subgrantee is a
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 form 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
Subgrantee agree that neither one is an employee or agent of the
other, and that each one stands as an independent contractor in
relation to the other.
C. Nothing in this Agreement shall be construed as a waiver
by Grantee or Subgrantee of any legal immunity, nor shall
anything 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.
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
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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
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 Subgrantee shall
provide any additional reports requested by Grantee as soon as
practicable. With respect to the Request for Advance or
Reimbursement, the Summary of Documentation, and the Quarterly
Reports, the contact for Grantee will be the State Public
Assistance Officer.
ARTICLE XXI. Standard Conditions. Subgrantee agrees to the
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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 § 252.37(4), Fla. Stat. (2000) .
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 terminate this Agreement for refusal by the
Subgrantee and its contractors and subcontractors to allow public
inspection of any records subject to the disclosure requirements
in § 119.07(1), Fla. Stat. (2000), that are made or received by
Subgrantee or its contractors and subcontractors in connection
with this Agreement. Substantial evidence of noncompliance by
Subgrantee or its contractors and subcontractors with these
requirements shall constitute the nonperformance of a condition
under this Agreement, and shall 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, Qx 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 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 Subgrantee, and further agrees
that noncompliance with this Agreement shall be adequate cause
for the recission, suspension or termination of funding under
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. Notice and Contact. All notices under this
Agreement shall be in writing and shall be delivered by InterNet,
by telefacsimile, by hand, or by certified letter to the
following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Interim Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
C. Samuel Kissinger
85 West McIntyre Street
Key Biscayne, FL 33149
ARTICLE XXIV. Designation of Agent. Subgrantee hereby
designates C. Samuel Kissinger as its primary agent, and
designates Ana de Varona as its alternate agent,
to execute any Request for Advance or Reimbursement,
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certification, or other necessary documentation.
ARTICLE XXV. Events of Default, Remedies, and Termination.
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
occurrence 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
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
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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 to
Subgrantee to cure its failure of performance if such failure may
be cured. Upon the failure of Subgrantee to cure, Grantee may
exercise 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 mayotherwise be
available under law.
C. Grantee may terminate this Agreement for any
misrepresentation of any material fact, for the failure or
nonperformance of any condition or obligation under this
Agreement, or for noncompliance with any applicable legal
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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
determination 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
disbursed 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. Lf the Subgrantee fails to repay any such funds, then
Grantee may recover the same from funding otherwise due
Subgrantee in accordance with this Article.
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ARTICLE XXVI. Attachments.
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 to the extent of such
inconsistencies.
C. This Agreement has the following attachments:
1. Attachment A "Request for Advance or Reimbursement"
2. Attachment B "Summary of Documentation"
3. Attachment C "Quarterly Report Schedule and
Instructions"
Page 22
22
FEMA-1345-DR-FL
IN WITNESS HEREOF, the Grantee and Subgrantee have executed
this Agreement:
FOR THE GRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State of Florida, By:
W. Craig Fugate
W. Craig Fugate, Interim Director
Division of Emergency Management
(Date)
Public Assistance Program
Program Description
01-RM-L5-11-23-02-027
Contract Number
Page 23
FOR THE SUBGRANTEE:
Village of Key Biscayne
(Subgrantee)
Hon. Joe I. Rasco
(Name)
Mayor
(Title)
(Date)
65-0291811
Federal Employer ID No.
23
FEMA-1345-DR-FL