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HomeMy Public PortalAboutKatrina - 2005.tifRESOLUTION NO 2005-36 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING THE ATTACHED DISASTER RELIEF FUNDING AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR FEDERAL AND STATE DISASTER RELIEF FUNDING FOR DECLARED MAJOR DISASTER NO FEMA-DR-1602-FL, AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AGREEMENT, AUTHORIZING IMPLEMENTATION OF THE AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Hurricane Katnna beginning August 24, 2005 had a devastating effect upon the State of Flonda resulting in the declaration of a state of emergency by the Governor in Executive Order 05-176, and WHEREAS, the President of the United States has concurred and has declared Major Disaster No FEMA-DR-1602-FL in Bay, Broward, Escambia, Gulf, Miami -Dade, Monroe, Okaloosa, Santa Rosa, and Walton counties in the State of Flonda, and WHEREAS, the Federal Emergency Management Agency ("FEMA"), as a result of the Presidential Declaration, has made available federal funds for disaster relief activities, and WHEREAS, the Village of Key Biscayne, Florida (the "Village") is eligible to receive Federal and State assistance for Major Disaster No FEMA-DR-1602-FL NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Disaster Relief Funding Agreement Approved That the Disaster Relief Funding Agreement (Agreement No 06 -KT -B&-11-23-00-541, in substantially the form attached hereto, is hereby approved, and the Village Manager is hereby authorized to execute said Agreement, on behalf of the Village Section 3 Implementation That the Village Manager and Village Attorney are hereby authorized to take any and all action necessary to implement the terms and conditions of the attached Agreement Section 4 Effective Date That this Resolution shall take effect immediately upon adoption hereof PASSED AND ADOPTED this 11th day of October , 2005 c -t,(44,(4, 6,-, MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED A T FORM AND LEGAL SUFFIC VILLAGE TT F \100\103001\Resolut .ns .proving Disaster Relief Funding Agreement with State of Florida doc 2 STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No 06 KT B& 11 23 00 541 CFDA No 97 036 Subgrantee Key Biscayne Village of FIFS No 086 36300 00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the Grantee and, the undersigned State Agency political subdivision of the State private nonprofit organizations, or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the Subgrantee ) This Agreement is based on the existence of the following facts and conditions A WHEREAS Hurricane Katnna the event beginning August 24 2005 and thereafter, had a devastating unpact upon the State of Florida The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 05-176 In consequence of the Event the President of the United States on August 28 2005 declared Major Disaster No FEMA DR -1602 -FL in Bay, Broward, Escambia Gulf Miami Dade Monroe, Okaloosa, Santa Rosa, and Walton counties in the State of Florida Additional counties may be added to the declaration later As a result the Public Assistance Program was made available to eligible, applicants in these Declared counties and B WHEREAS a FEMA State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance and the State has undertaken to share those costs as appropriated with its Subgrantees and C WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement and D WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government and has the authonty under Section 252 373, Fla Stat to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth and E WHEREAS a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority tor this event Under the Emergency Management Act as amended the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster NOW, THEREFORE, the Grantee and Subgrantee based upon the existence of the foregoing conditions do further agree to the following ARTICLE I Definitions As used in this Agreement the following 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 by Public Law 100 707 44 Code of Federal Regulations Part 206 36 and applicable policies of the Federal Emergency Management Agency 1 B FEMA-State Agreement is the agreement dated August 28 2005, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No FEMA-1602-DR FL ARTICLE II Applicable Law The parties agree to all the conditions obligations and duties imposed by the FEMA State Agreement and all applicable state and federal legal requirements including without any limitation on the generality of the foregoing the requirements of 44 Code of Federal Regulations Parts ] 3 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 as per 44 Code of Federal Regulations Parts 13 and 206 which shall be seventy five (75) percent of all eligible costs unless a higher percentage, is approved 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 deobhgate funding thereby amending the total funding for the project The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs which shall be severity five (75) percent of all eligible costs unless a higher percentage is approved Contingent upon an appropriation by the Flonda Legislature the. Grantee may provide some portion of any nonfederal share for some subgrantees As a condition of receipt of the federal funding; the Subgrantee agrees to provide any nonfederal share not paid by the Grantee B As a condition to funding under this Agreement the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a 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 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 Subgrantce 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. Subgrantc,e shall reimburse Grantee without delay for anv 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 be nLfits by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer -Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantce ARTICLE V Compliance with Environmental. Planning and Permitting Laws Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantt,e and in accordance with applicable legal requirements The contract documents for 2 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 crcatt, 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 Large Project threshold for this declaration is $55 500), which can be found at www flondapa org 1 Request for Reimbursement 2 A Summary of Documentation which shall be supported by original documents such as contract documents invoices purchase orders and change orders 3 A request for final inspection 4 A signed Project Completion and Certification Report upon the completion of all projects, and 5 The Project Completion and Certification Report specified by Paragraph B of this Article B For all projects, Subgrantee shall state on the 'Project Completion and Certification Report that all work was 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 appro‘ ed scope of work shall not be reimbursed ARTICLE VII Cost Sharing The fr,deral share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent of such costs unless a higher percentage is approved of sti sand the, nonfederal share shall be the remaining amount Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the, apportionment of the nonfederal share Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of Federal Regulations Part 206 36 and do not require matching funds may also be funded by FEMA ARTICLE VIII Pa' ment 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 alter 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 tor Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee 1 A Request for Reimbursement found at www flondapa org 2 A Summary of Documentation shall be supported by onginal documents such as contract documents invoices purchase orders and change orders and is also available at www flondapa org and, 3 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 Subgrantee not exceeding the federal share if Subgrantee meets the following conditions 1 Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors contractors, and subcontractors without unnecessary delay 2 Subgrantee shall submit to Grantee the budget supporting the request 3 Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the, amount of funds requested 4 Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms which is also available at www floridapa org and, 5 Subgrantce, shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable and in any event not later than ten (10) business days after the close of each calendar quarter D Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre -disaster condition in accordance with 44 Code of Federal Regulations Part 206 36 with the prior wntten approval of Grantee E In any case in which Subgrantee certifies to Grantee in wnting that the restoration of a damaged public facility to its pre -disaster 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 Code of Federal Regulations Part 206 36 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 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 unposed by operation of law A The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as codified in 44 Code of Federal Regulations Part 13, as amended, 4 13 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 1 10 Uniform Adrninistrativc, Requmments tor Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations as amended and D Office of Management and Budget Circular No A 122 Cost Principles for Non -Profit Organizations, as amended E Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events whichever is the later 1 The completion of final inspection and final audit and thc final resolution of any issues identified in the same or 2 The expiration of five (5) years from the date of disaster closeout under this Agreement F Subgrantee 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 othcx review by Grantee the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed thc 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 $500 000 00 A Subgrantee will conduct the audit in accordance wtth 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 42 Florida Statute 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 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 Mana&ement 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 5 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 tor the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution It the violation is not cured Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII 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 as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code. of Federal Regulations Part 206 36 Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors in accordance with 44 Code of Federal Regulations Part 17 ARTICLE XV Modification The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control A modification extending the time for completion of the project and any other modification shall be in writing and shall take effect only upon execution by both parties Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project If otherwise allowed under this Agreement any extension shall be in writing and shall be subject to the same 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 the Federal Emergency Management Agency the time for the completion of emergency work shall be six (6) months from the date of the Presidential Declaranon The time for the completion of permanent work shall be eighteen (18) months from the date of the Presidential Declaration For Large Projects the Summary of Documentation and the, supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work or the approval of the Final Inspection by the Federal Emergency Management Agency whichever is later The time for the performance of this Agreement may be extended for cause by Grantee Extensions shall not be approved for delays caused by lack of cost -share funding If any extension request is denied Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely completion Failure to complete any project will be adequate cause for the termination of funding for that project ARTICLE XVII Contracts With Others If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee 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 XXV of this Agreement Such termination shall take effect thirty (30) 6 days after the date of such notice Such termination shall not affect the rights interests duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination ARTICLE XIX Liability , Grantee assumes no liability to third parties in connection with this Agreement Unless the Subgrantee is a governmental entity covered by § 768 28(5), Florida Statute, the Subgrantee 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 third parties in connection with the performance of this Agreement holding Grantee and Subgrantee harmless from the same Also A For the purpose of this Agreement the Grantee and Subgrantee agree that neither one is an employee or agent of the other but that each one stands as an independent contractor in relation to the other B Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter ansing from the performance of this Agreement C Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations and do not require remedial action under any federal, state or local legal requirements concerning such substances Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements ARTICLE XX Reports Subgrantee shall provide Quarterly Reports to Grantee on the Quarterly Report Form conforming to the sample attached as Attachment E The tirst Quarterly Report shall be due at such time as Subgrantee is notified All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date the scope of work the project costs or any other factors that may affect compliance with this Agreement Interim inspections shall be scheduled by Subgrantee before the final inspection and inay 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 following conditions A The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Fla Stat and the disbursement to Grantee of federal funding in accordance with § 252 37(4) Fla Stat B Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre audit and post -audit C Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers letters or other material subject to the provisions of Chapter 119 Fla Stat that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement D Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida any Member of Congress any officer or employee of Congress or any employee of a Member of Congress in connection with this Agreement or any modifications to this Agreement 7 E Subgrantec certifies that it possesses the legal authority to receive the funds F Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee and turther agrees that noncompliance with this Agreement shall be cause for the rescission suspension or termination of funding under this Agreement and may affect eligibility for funding under future Subgrantee Agreements G If otherwise allowed under this Agreement all bills for any travel expenses shall be submitted in accordance with Section 112 061, Fla Stat H The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers constituting a violation of the employment provisions contained in 8 U S C Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( INA )] The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the Subgrantec of the employment provisions contained in Section 274A(e) ot the INA shall be grounds for unilateral cancellation of this Agreement by the Department I A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cnme or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity may not submit a bid on a contract with a public entity tor the construction or repair of a public building or public work may not submit bids on leases of real property to a public entity may not be awarded or perform work as a contractor supplier, subcontractor or consultant under a contract with a public entity and may not transact business with any public entity in excess ot Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list 3 The Recipient agrees to comply with the Amencans With Disabilities Act (Public Law 101 336 42 U S C Section 12101 et seq) if applicable which prohibits discrimination by public and private entities on the basis of disability in the areas of employment public accommodations transportation State and local government services and in telecommunications K With respect to any Subgrantee which is not a local government or state agency, and which receives funds under this Agreement from the federal government by signing this Agreement the Subgrantee certifies to the best of its knowledge and belief that it and its principals i are not presently debarred, suspended, proposed for debarment declared ineligible or voluntarily excluded from covered transactions by a federal department or agency 2 have not within a five year period preceding this proposal been convicted of or had a civil judgment rendered against them tor commission of fraud or a criminal offense in connection with obtaining attempting to obtain or performing a public (federal, state or local) transaction or contract under public transaction violation of federal or state antitrust statutes or commission of embezzlement theft forgery, bribery falsification or destruction of records making false statements or receiving stolen property 3 are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal state or local) with commission of any offenses enumerated in paragraph 20(h)2 of this certification and 4 have not within a five-year penod preceding this Agreement had one or more public transactions (federal state or local) terminated for cause or default Where the Subgrantee is unable to certify to any of the statements in this certification such Subgrantee shall attach an explanation to this Agreement In addition the Subgrantee shall submit to the Department (by email or by facsimile transmission) the completed Certification Regarding Debarment Suspension Ineligibility And Voluntary Exclusion (Attachment H) for each prospective subcontractor which Subgrantee intends to fund under this Agreement Such form must be received by the Department prior to the Subgrantee entering into a contract w ith any prospective subcontractor 8 L The validity of this Agreement is subject to thc truth and accuracy of all the information representations and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Department request or in any submission or response to fulfill the requirements of this Agreement and such information representations and materials arc incorporated by reference The lack of accuracy thereof or any matenal changes shall at thc option of the Department and with thirty (30) days written notice to the Subgrantee cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient M This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable then such provision shall be deemed null and void to the extent of such conflict and shall be deemed severable, but shall not invalidate any other provision of this Agreement N The Recipient certifies, by its signature to this Agreement that to the best of his or her knowledge and belief 1 No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract the making of any Federal grant the making of any Federal loan the entering into of any cooperative agreement and thc, extension continuation, renewal amendment or modification of any Federal contract, grant, loan or cooperative agreement 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan or cooperative agreement the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying ' in accordance with its instructions 3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts subgrants and contracts under grants loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31 U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 000 and not more than $100,000 for each such failure ARTICLE XXII Term This Agreement shall take effect upon its execution by both parties and shall terminate upon approval of closeout by the Federal Emergency Management Agency unless terminated earlier as specified elsewhere in this Agreement Subgrantee shall commence project(s) specified by this Agreement without delay ARTICLE XXIII Events of Default, Remedies, and Termination A Upon thc 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 9 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 trom Grantee 3 Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information or 4 The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress Legislature Office of the Comptroller or Office of Management and Budget B Upon the occurrence of any one or more of the foregoing events Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured Upon the failure of Subgrantee to cure Grantee may exercise any one or more of the following remedies 1 Terminate this Agreement upon not less than fifteen (l S) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee, 2 Commence a legal action for the judicial enforcement of this Agreement 3 Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee, and 4 Take any other remedial actions that may otherwise be available under law C Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation or for noncompliance with any applicable legal requirement D Any deobligation of funds or other determination by the Federal Emergency Management Agency shall 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 The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights interests or duties of the parties to it shall lie in Leon County State of Flonda G 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 Subgrantee 10 Subgrantee Village of Key Biscayne Disaster # 1602 ARTICLE XXIV Attachments A All attachments to this Agreement it any 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 if any the language of the Attachments shall be controlling but only to the extent of such inconsistencies Note All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website www floridapa org ARTICLE XXV Notice and Contact All notices under this Agreement shall be in writing and shall be delivered by Internet by telefacsimile by hand or by certified letter to the following respective addresses FOR THE GRANTEE W Craig Fugate Director Division of Emergency Management Department of Community Affairs 2555 Shurnard Oak Blvd Tallahassee Florida 32399 2100 FOR THE SUBGRANTEE Jacqueline B. MPnendpz Village Manager 88 W McIntyre Street. Ste 210 Key Biscayne, Florida 33149 ARTICLE XXVI Desienatton of Agent Subgrantee hereby designates Jacqueline R Menendez as its primary agent and designates Carolyn P Greaves as its alternate agent to execute any Request for Advance or Reimbursement, certification or other necessary documentation IN WITNESS HEREOF the Grantee and Subgrantee have executed this Agreement FOR THE GRANTEE FOR THE SUBGRANTEE DEPARTMENT OF COMMUNITY AFFAIRS VLLL E OF KEY BISCAYNE State of Florid; By (Pri W Craig Fugate Director � ``gned Mme) Ja quel R Menendez Division of Emergency Management Village Manager /c1 (Date) Public Assistance Program (Title) 09/29/2005 (Date) 65-0291811 Federal Employer Identification Number (FEIN) 11