HomeMy WebLinkAboutR-1992-137 ?`- RESOLUTION NO. 137-92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE ALL DOCUMENTS ON BEHALF OF THE CITY OF
DANIA NECESSARY TO EFFECTUATE THE PROVISION OF
EMERGENCY AID AND ASSISTANCE FOR DAMAGE CAUSED
BY HURRICANE ANDREW; AND PROVIDING FOR AN
EFFECTIVE DATE.
i-
WHEREAS, Hurricane Andrew, with winds in excess of 150 miles
per hour, struck the Dade and Broward County areas on August 24 ,
1992; and
WHEREAS, the Governor of the State of Florida has declared
said areas to be in a state of emergency and on August 24 , 1992
the President of the United States declared said areas to be
major disaster areas under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (the "Stafford Act" ) ; and
WHEREAS, it is vital that the City of Dania enter into all
agreements and execute all documents necessary to obtain financial
assistance from the State of Florida and the United States
j Government under the Stafford Act. I
!i NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
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CITY OF DANIA, FLORIDA:
Section 1 . That the mayor and city manager are hereby
authorized to execute all documents necessary under the Stafford
Act, including but not limited to the Disaster Relief Funding
Agreement.
Section 2 . That this resolution shall be in force and take
Resolution No. 137-92
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effect immediately upon its passage and adoption.
29th day of September ' 1992.
PASSED and ADOPTED on this —
MAYOR-CO ISSIONER
ATTEST:
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mil.� /-i !,f-_// s�✓ _
'CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By: —
F NK C. ADLER, City Attorney
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-2- 137-92 P
Resolution No.,
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DCA AGREEMENT NC. 93E0-1R-11-16-02-067
FEMA PkOJECT APPLICATICH NO. 011-16325
DISASTER RELIEF FUNDING AGREEMENT
This Agreement is between the State of Florida, Department
of Community Affairs (Grantee) and City of Dania
a muni_ cry of Brovard County Florida , (Subgrantee; . In support of
the Agreement, the parties state:
WHEREAS, Hurricane Andrew produced disastrous weather
conditions which had a devastating impact upon South Florida; and
WHEREAS, the severity of the damage loss resulted in the
declaration of a disaster emergency by
the Governor in Executive
Orders 92-200-E and 92-222; and
WHEREAS, The President of the United States has concurred
and has declared a major disaster emergency for the counties of
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Broward, Dade, Collier and Monroe; and
IWHEREAS, the Federal Emergency Management Agency fFEMA > , as
a result of the Presidential Declaration, has made available
federal funds for disaster relief activities in FEMA-955-DR-FL;
and
WHEREAS, the FEMA-State Agreement, defined herein below,
governing the use of those funds requires the State to share in
the total costa eligible for federal assistance; and
WHEREAS, Sections 252. 35. 252. 36, 252. 37, and 252. 38,
Florida Statutes, authorize the relationship described herein.
NOW THEREFORE, the parties agree as follows:
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1. DEFINITIONS : unless othervi•ae indicated, the following `
as stated herein.
ter- shall be defined 1
a, 'eligible disaster relief activities• , ae used In
ment, means
this Agree those activities authorized in the FEMA-
4
below ; Public Law 93-288, as
State Agreement, as defined herein
amended binafter the
y Public Law 100-707 ( here
'Stafford Act* ) ;
and Title 44 CFR, Part 206.
t, "Large Project' and 'Small Project' shall be deigned
in 44 CFR 206. 203( c ) .
as indicated agreement
c, •FEMA-State Agreement' shall mean that
between FEMA and the State of Florida, dated August 28, 1992, and
all modifications thereto.
l be defined as stated in 44
d• -Permanent Work" shal
CFR 206. 2dltgi .
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shall be defined as stated
e, 'Predisaster design' in '
44 CFR 206. 201th > . `. ;
f. -Project' shall be defined as stated in 44 CFR 4(
206. 201cii . parties
2. APPLICABLE STATUTES, RULES and AGREEMENTS: The
agree to be bound by all terms of the FEMA-State Agreement and
all state and federal statutes and regulations, including but not
limited to 44 CFR parts 13, 14 and 206, applicable for major
disasters. . '
Grantee shall provide funds to the
3. FUNDING : The
ible disaster relief activities
Subgrantee for elig for the
roved by the Grantee and the Federal Emergency R. 4
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projects app
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fe ..A ; , s eclficall" described In the Damage ,
Management Agency P � (
all be determined
Survey Report ( s ) tDSRCs : ( . Allowable costs sh k .
9{ in accordance with 44 CFR 4206 and 44 CFR Part 13.
4. DUPLICATION OF BENEFITS PROHIBITION : In accordance with 1
yl
he Stafford Act, duplication of
the provisions of Section 312 of t
benefits Is prohibited. The Subgrantee shall notify the Grantee
of any entitlement or recovery to payments from another source
for the projects described In the DSR( s) . Eligible costs shall
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be reduced by the amount of duplicate sources available. The 1x
Subgrantee shall be liable to the Grantee to the extent that the
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Subgrantee receives duplicate benefits from an
source for
ubgrantee has received payment
the same purposes for which the S
y
remit to the a
from the Grantee. The Subgrantee shall Immediately A�
Grantee any duplication of benefits payment received by the
'Subgrantee.
t,. COMPLIANCE WITH OTHER LAWS: The Subgrantee shall be I_
responsible for implementation and completion of the approved
the DSR ( s) in a manner satisfactory to the
protects described in
Grantee, and in accordance with applicable federal, state, and
local statutes, regulations, plans, and policies. Any
development permit Issued by, or development activity undertaken t
j by, the Subgrantee, and any land use permitted by or engaged in
jby the Subgrantee, shall be consistent with the local
comprehensive plan and land development regulations prepared and I
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adopted pursuant to Chapter 163, Part II, Florida Statutes.
Funds shall be expended for, and development activities and land
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those „yeo which are Pe
for. only rmitted under,
�• uses authorized I-
the comprehensive plan and land development regulations. Ihz -
Subgrantee shall be responsible for insuring that any development
ment activity or land use undertaken I. .
permit issued and any develop � ._
the Water Manage
ment
is, where applicable, also authorized by
District, the Natural Resources, the
Florida Department of
Florida Department of Environmental Regulation, the Florida
Department Rehabilitative
of Healtt. a Services, and any local
environmental or where required.
land use permitting authority,
ENTATION : REVIEW/ INSPECTION: For all
6. REQUIRED DOCUl1 ;
submit : la > a Summary of
projects, the 'Subgrantee must
Documentation ( blank form attached
includingl Exhibit
bu< not limited to '
supported by all
documentation
appropriate backup
invoices, canceled
reports, payroll
checks, daily ac
records, timesheets. executed contracts,
receipts, purchase
etc• ) ; and eb ) the
ments Project Listing.
orders, billing state , request for
Subgrantee must
For all Large Projects, the submit a
a final inspection. The Grantee will inspect Small Projects on a
perform the final
irandom basis- The Grantee will schedule an p Listing for
inspections on Large Projects, and review the Project
Small Projects or inspect the project, to ensure that the work !'
was performed within the scope of work delineated on the DSR(s ) •
t performed within the approved scope of work
Costs of any work no
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ble for funding. -
shall not be elig 'a
The disaster relief funds for eligible
7. COST SHARING:
costs indicated on the DSR( s ) and described in this Agreement
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shall be shared in accordan=e witty _^.e c st ehar _ng provisions I
_ established in the Stafford Act and the FEMA-State Agreement. '
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That portion Of the costs to be paid by the Subgrantee shall be
subsequently determined, but shall in no event exceed the total
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amount of the disaster relief funds paid by the Grantee for the
benefit of the Subgrantee.
Administrative costs, which according to the schedule, are
in addition to and not part of the DSR(s ) eligible costs, and are
otherwise eligible and involve no required match, will be funded
by FEMA.
A. PAYMENT OF CLAIMS :
a! a. SMALL PROJECTS: The Grantee shall make payment to
the Subqrantee of the Federal share of the actual eligible costs
as soon as practicable after execution of this Agreement.
b. LARGE PROJECTS: The payments for Large Projects will
be on a cost reimbursement basis and subject to receipt of a
Request For Reimbursement For Public Assistance Form ( blank form
attached hereto as Exhibit B) , and certification from the
Subgrantee that : ( 1 ) reported costs were incurred in the
performance of eligible work ; (2 ) the approved work was
completed; and (3 ) the project is in compliance with the
provisions of the FEMA-State agreement.
c. ADVANCES : This Subgrantee may be paid an advance of
up to seventy-five percent (75% ) , provided that the Subgrantee:
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( 1 ) demonstrates and maintains the willingness and ability to
maintain procedures to minimize the time elapsing between the
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transfer of funds and their disbursement : ) 2 ) submits budget data j
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cr, which the request is based : ( 3 ) submits a justification I�}}
statement explaining the necessity for and proposed use of the I
funds, and specification of the amount requested. After any
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e provided, all payments
advance, and in the event no advance i `. .
shall be on a cost reimbursement basis. Subgranteee shall
arterly, remit interest earned on
promptly, but at least qu
advances to the Grantee for remittance to FEMA.
d. IMPROVED PROJECTS: If the Subgrantee desires to make
estore the predisaster function of the
improvements, but still r
damaged facility in accordance with 44 CFR 206. 203, the
Subgrantee must obtain approval from the Grantee.
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e. ALTERNATE PROJECTS: In any case in which the
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Subgrantee determines that the public welfare would not be best
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served by restoring a damaged public facility, or function of 4
that facility, the Subgrantee may request that the Grantee and
FEMA approve an alternate project in accordance with 44 CFR
9. FINAL PAYMENT: The final payment will be made only after
project completion, submission of all required documentation,
final inspection ( Large Projects ) , review of Project Listing
and/or inspection (Small Projects ) , and a request for final
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reimbursement.
10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain
all records pertaining to the projects described in the DSR(s)
and the funds received under this Agreement until all issues
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re ,_at y:n, the inspection and final audit have been completed.
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ar.d any action or resolution of outatanding issues have been j
plated. In no event will such records be maintained for a
period of less than three ( 2) years from the date of the final
j payment under this Agreement. Access to those records must be
times to the Comptroller General of the
provided at reasonable
United States, the Grantee, its employees and agents, and to
FE11A, its employees and agents. 4
11. RECOVERY OF FUNDS : IS the final inspection determines
that payment made under this Agreement exceeds the amount of
actual eligible costs, the Subarantee shall, within forty-five ('
� 45) days o1 receipt of the determination notice, repay the - -
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Grantee the amount determined to be in excess of the actual
�) costs.
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{ 12. AUDIT :
a. Subgrantees shall submit an Audit of Agreement
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Compliance to the Grantee as provided herein. This audit will be
performed by an independent Certified Public Accountant or other
entity independent of the Subgrantee in accordance with the
standards of the Comptroller General as specified in the General
Accounting Office Standards for Audit of Governmental
Organizations, Programs, Activities and Functions, and generally [ -
accepted auditing standards established by the American Institute
of Certified Public Accountants. The agreement number of this
rant must be identified with the audit submitted. Such audit
shall also comply with the requirements of Sections 11. 45 and
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j{{{ 215. 349, Florida _rotates and C.`.apter ' 'J S.J Rulea of the I
t A ,4itcr General, and, to tte extent applicable, the _ingle Audit -
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Act of 1984. 31 USC 7501 through 7507, and OMB Circulars A- 128
and A - 133.
b. If the Subgrantee is a private non-profit
organization, it shall submit an organization-vide audit an
accordance with OMB Circular A-133. An organization-vide audit
from a private non-profit organization will be due ninety (90 )
days after the Agreement termination date.
C. If the Subgrantee is a local government, it shall j ; ;•
submit an audit in accordance with OMB Circular A-128, pursuant '
to the Single Audit Act of 1984, Public Law 98-502. The audit
will be submitted not later than seven (7 ) months after the end
of the local fiscal year, in accordance with the requirements of
Section 11 . 45 ( 3 ) ( a ) , Florida Statutes.
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d. The Grantee may require the Subgrantee to undertake
such further or additional audits as determined necessary or I '..
I appropriate including, but not limited to, past and current
organization-vide audits. Such audits may be necessary
to determine the adequacy, accuracy, and reliability of the
Subgrantee's internal controls, fiscal data, and management
systems established to safeguard the Subgrantee' s assets and to j +-
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ensure compliance with this Agreement.
e. If this Agreement is closed out without an audit,
the Grantee reserves the right to recover any disallowed costs
identified in an audit after such close-out.
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13, NONCOMPLIANCE : If the 5utgrantee v-plates any of the
', cor.diCiona of disaster relief assistance under the Robert T. f .
Stafford Act of 1988, Public Law 93 288 as amended by Public Law
-State Agreement, applicable state law or
100-707, the FEMA
applicable state or federal regulations, additional financial
assistance for the project in which the violation occurred will
be withheld until such violation has been corrected or the
Grantee may take other action that is legally available.
14. NONDISCRIMINATION : The Subgrantee shall maintain an
active program of nondiscrimination in disaster assistance as
outlined in 44 CFR, Parts 7 and 16, and 44 CFR Section 206. 11. i
mply with federal regulations concerning
The Subgrantee shall co � ?
the General Services Administrative Consolidated List of
Debarred, Suspended and Ineligible Contractors, as provided in 44
CFR Part 17.
l7. MODIFICATION : Either party may request modifications
to this Agreement, including work to be completed on the DSR(s )
and the time performance period. Such modifications MUST be
proposed in writing by either party and become effective only
upon execution by both parties.
16. TIME FOR PERFORMANCE: In accordance with 44 CFR :}
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206. 204, and subject to any appr
oved extension by the Governor 's
Authorized Representative (GAR ) or the Federal Regional Director,
the term of an agreement for debris clearance or emergency work 1��1
is six (6) months from the date of the declaration of a major
disaster or emergency. Permanent work must be completed within
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eighteer. � ldi months of the date of the declaration of a mayor
disaster or emergency. Time extensions may be granted on an !
individual basis, in accordance with 44 CFR 20e. 204. If any
extension request is denied, the Subgrantee may be reimbursed for
eligible project costs incurred up to the latest approved
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completion date. Failure to complete the project will result in
the denial of funding for that project.
1". CONTRACTS WITH OTHERS: If a Subgrantee contracts with
any other entity therein after 'contractor* ) for performance of
any of the work required under this Agreement, the Subgrantee
agrees to include in the contract that the contractor is bound by
the terms and conditions of this Agreement with the Grantee, and '
to provide the contractor with a copy of this Agreement. The
Subgrantee further agrees to include in the contract that the
contractor shall hold the Subgrantee and the Grantee harmless
against all claims of whatever nature by the contractor arising `
out of the performance of the work under the contract. The ! ka
Subgrantee shall provide the Grantee with a list of contracts for
all authorized DSR work as soon as practicable after the
execution of the subgrant.
18. TERMINATION : Either party may request termination of
this Agreement, in writing, delivered in person, or by certified �rU
mail, to the party 's representative who executes this Agreement. t '
19. HOLD HARMLESS: The Subgrantee shall hold and save the
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Grantee harmless against all liability claims of whatever nature, °
and shall indemnify the Grantee against any claims arising from
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work Performed Pureuan•. to this Agreement.
2a, grantee shall provide quarterly
REPORT'S : The Sub
'
f . 'art is due three
progress reports to the Grantee. The
rst rep I
j of execution of
i months after the date this Agreement and
1 work has bee^ completed and
j quarterly thereafter until the
terim inspections shall be
approved through final inspection. In
scheduled by the 5ubgrantee prior to the final inspection and may
nformation supplied in the
be requested by the Grantee based on i
The Grantee may require additional reports as
quarterly reports.
needed. as possible, provide any
The 5ubgrantee shall, as soon
ted by the Grantee.
additional reports reques
21. STANDARD CONDITIONS : The Subg rantee further agrees to
standard conditions:
be bound by the following
of Florida ' s performance and obligation
a. The State
to pay under this Agreement is contingent upon an annual
of funding to
appropriation by the legislature, or the provision
the Department pursuant to Section 252. 37, Florida Statutes.
eement, any
b. If otherwise allowed under this Agr
extension shall be in writing and shall be subject to the same
terms and conditions set forth in the initial Agreement. There
shall be only one extension of the Agreement unless the failure
nts beyond the
to meet the criteria for completion is due to eve
control of the Subgrantee.
or othe
C. Bills for fees or compensation for services
detail sufficient for a proper
or expenses must be submitted in
P pre and post audit thereof.
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i 10 d � mUSC be 3U D" ltCed :r.
tll l 1 Jr any r A':2- expense's
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accordance with Section F: Jr1Ca CCatutas. `f
e. The Grantee may unilaterally cancel tnis Agreement
for refusal by the Subgrantee or its contractors to allow public
� access to all documents, papers, letters or other material �
sutiect to the provisions of Chapter 119. Florida Statutes, and
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made or received by the Subgrantee or its subcontractor in
conjunction with this Agreement. It is expressly understood that
substantial evidence of the Subgrantee ' s or their contractor ' s
refusal to comply with this provision shall constitute a breach
I
of contract, and constitute grounds for termination.
S. Pursuant to Section 216. 347, Florida Statutes, and
J applicable federal law, the Subgrantee agrees that no funds from
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this Agreement will be expended for the purpose of lobbying the
Legislature, state agency employees, Members of Congress,
officers or employees of Congress, or an employee of a Member of
( Congress in connection with the awarding of this Agreement or any
amendments or modifications of this Agreement. ('
g. The Subgrantee certifies with respect to this
Agreement that it possesses the legal authority to receive the
funds. The Grantee contact will be the state public assistance ;
officer for all reports and requests for reimbursement.
h. The Subgrantee shall comply with the Statement of
Assurance incorporated herein shall and attached and incorporated
as Exhibit C. The Subgrantee acknowledges that the
responsibility for complying with the approved subgrant award
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rests v:tn the recipient ZuGgrantee and ackn:vledges that failure i
a;
I :; do SD constitutes grounds for the recess: =n or auspena:or, of
t C.is subgrant and may influence future subgrant avaida.
22. TERN : This Agreement shall be effective upon execution f
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and terminate upon completion of, and final payment for, all
approved projects, subject to any modification in accordance with
paragraph 15, above.
23. NOTICE AND CONTACT: All notices under this Agreement
shall be in writing, delivered either by hand delivery or
certified mail to the representative and address below :
FCF: THE GRANTEE: FOR THE SUBGRANTEE : ( ,'
Mr. Robert G. Nave, GAR Y
State Public Assistance
FEMA Disaster Field Office CSiTy nF LanaG
IOU LJ ' l7GnaG aCti 8100
j N. W. 3c St. S LeJeune Rd. DGn C. 33oo`4 -
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Miami, Florida 33159-4022
! 24. The Subgrantee hereby authorizes . Zm &'?
le as its designated Agent, to execute Requests
for Reimbursement, necessary certifications, and other 1. ..
supplementary documentation.
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say-s��ro �
i!1 MiTNESS HEREOF, the Grantee and 5ubgrantee have executed
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this Agreement
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FOR THE SUBGRANTEE : FOR THE GRANTEE: i
STATE OF FLORIDA
City of Dania DEPARTMENT OF COMMUNITY AFFAIRS
..zi Broward County Florida
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Governor's Authorized Rep.
Title Title
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Date Date
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Subgrantee' s Federal
Employer Identification No.
CATALOGUE Of FEDERAL DOMESTIC
ASSISTANCE NUMBER : 83. 516 DISASTER ASSISTANCE
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DA DIVISION l)F Lti1EA(;1:NCY ! VAGI: l
FLC ,AIMED
SUMMARY OF DOCUMENTATION R ELIGIBLE BLE DISASTER NTO F MOUN v
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_ Disaster No. FEMA-� — }
DSR No. i
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APPLICANT___ Project Application No.
DCA Agreement No. j Amounts
DpCVmentehOn tend out of I _
Delivery Date Itcant's payroll, ma A haant's Eligible C. �I
F%pplr ant'. List Jocumenuuon (APP w ment anJ name of vendor PP
, o(arttcles or a bunt owned eq P ro ect
,Reference tin. a hant's stock, pP p roved p 1 Dollars Ceotti
:(warrant, i performance of oPP onuactor) by category and line Item In the a p
� + services. uon of the articles or services-
Voucher. Clam a pitcanon and Rive a beef JescnP
for Schcdule tin.) I
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TOTAL
DSR TOTAL
q vlll be prepared for each D+R
aeperete torn
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FI,ORIDA DEPARTMEN OF COMMUNE 1'Y AE FAIEtS
DIVISION OF [- ERGENCY MANAGESrt[NC
REQUEST FOR REI\1BURSEMENT FOR i'UBLIC ASSISTANCE FUNDS FE51A 955 DR FL
DELL. O
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APPLIt-ANT NAME. — PA ID a:
DCA A -,REE\iI;VT NO. -
APPROVED I Cp`I`IENTS
CURRENT I FOR 1
DSR PREVIOUS I
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AMOUNT I PAYMENTS REQUEST 1 PAYSIENT- i(FOR DCA USE)
I
- REQUEST
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1 I ,
Category _— I
I)S R a---_ -.. I I I
I I
DSRa�.--- Category 1 I I I -
1 I I I
I I I 1
Category I
"r DSRa_.._---
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I —
Category
DSRa I I I
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DSRa --- -- Categor)'
1 I I I
i II I I
iUSRX_--- Gtegory
i ENT REQUEST
TOTAL CURRENT were made
a ment is due and has not been
requested for these amounts.
1 certify that to the best of my know
and Teem Agreement end P ycoents are correct and that all disbursements
m accordance with all conditions of the DCA Ag
t ..
APPLICANT'S SIGNATURE
DATE
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NAbIE AND TITLE—
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED DSR TOTAL S ��
GOVERNOR'S AUTHORIZED REPRESENTATIVE
ADMINISTRATIVE COST S —�-
5 �—
LESS 5% DATE -
- - --.
APPROVED FOR PAYMENT
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EXHIBIT C
CERTIFICATION FOR CONTRACTS GRANTS LOANS
AND COOPERATIVE AGREEMENTS
i The undersigned certifies, to the best of his or her knowledge and
belief, that :
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 a federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal , amendment, or modification of any federal contract,
grant, loan or cooperative agreement .
2 . If any funds other than federal appropriated funds have been
paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the
-
undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying, " in accordance with
instructions .
3 . The undersigned shall require that the language of this
certification be included in the award document 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, I
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. _
AA icaris Agent Date
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