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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 1 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 1 effect immediately upon its passage and adoption. 29th day of September ' 1992. PASSED and ADOPTED on this — MAYOR-CO ISSIONER ATTEST: I mil.� /-i !,f-_// s�✓ _ 'CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: — F NK C. ADLER, City Attorney ,.i r j I _ j S s , -2- 137-92 P Resolution No., f - _ _ _.�--.-,.�,........ue.rera'r1*e�i.—'TT•:-'.-+r.'tYF•n-z-^T�.-�-..--'-^ ;. '� yLF �" r I i v- '� ��+V• I 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 1 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: 1 •.n t W r x� X. r rq' 1 i 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 . J 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 h projects app 2 e j� ITV i h T. 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 ¢ ';, be reduced by the amount of duplicate sources available. The 1x Subgrantee shall be liable to the Grantee to the extent that the #`k 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 j' adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land y •/A 3 �a I _ I , w T aEv n ) x. 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 I 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 •.ra 4 1 shall be shared in accordan=e witty _^.e c st ehar _ng provisions I _ established in the Stafford Act and the FEMA-State Agreement. ' I' That portion Of the costs to be paid by the Subgrantee shall be subsequently determined, but shall in no event exceed the total } 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: ti ( 1 ) demonstrates and maintains the willingness and ability to maintain procedures to minimize the time elapsing between the 5 . a L J�� 1 W;•i+1T KI ���� 'r Tel y i transfer of funds and their disbursement : ) 2 ) submits budget data j j 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 } 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. I M e. ALTERNATE PROJECTS: In any case in which the ,r I Subgrantee determines that the public welfare would not be best j 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 i 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 ,n 6 s,a o°. I �4rd �»t 4 2 re ,_at y:n, the inspection and final audit have been completed. � 1 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 - - 1 r':r Grantee the amount determined to be in excess of the actual �) costs. j { 12. AUDIT : a. Subgrantees shall submit an Audit of Agreement i 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 7 va H �a i 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 - I I 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. I 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 +- ir. 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. '.1 8 1H= 4, • . .IVY.. 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 :} u 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 9 . • ( 4:?9YK yy((�. I , F � r r h fi�z AP 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 i 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 J Grantee harmless against all liability claims of whatever nature, ° and shall indemnify the Grantee against any claims arising from 10 +:FL 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. 11 7:7- L, ; I , 9 ` i 10 d � mUSC be 3U D" ltCed :r. tll l 1 Jr any r A':2- expense's i 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 � i . 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 t 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 12 r I 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 r 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 - i , 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. i k . l 13 ------------- say-s��ro � i!1 MiTNESS HEREOF, the Grantee and 5ubgrantee have executed i this Agreement ; f t FOR THE SUBGRANTEE : FOR THE GRANTEE: i STATE OF FLORIDA City of Dania DEPARTMENT OF COMMUNITY AFFAIRS ..zi Broward County Florida i Governor's Authorized Rep. Title Title �fjf9Z Date Date f zf : Subgrantee' s Federal Employer Identification No. CATALOGUE Of FEDERAL DOMESTIC ASSISTANCE NUMBER : 83. 516 DISASTER ASSISTANCE I i i 1 I i P f I i } i d r : _ _—._"'___ ten.. -• _�+ _s ,-�---- _ f �,' v rv#, �� � �i +FN:: ". . . � J •- . ,,,+.,::: :++.�. ua,e�":w-.!z?TA+w'.^'�'_..; ;'., '.'.`� r - ..,-.: . . . -. _.- 4':S'�n:. ya ^v.t .d 1 USE DA DIVISION l)F Lti1EA(;1:NCY ! VAGI: l FLC ,AIMED SUMMARY OF DOCUMENTATION R ELIGIBLE BLE DISASTER NTO F MOUN v -DR-FL _ Disaster No. FEMA-� — } DSR No. i I . 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 I I r 1 I. I � I III I i I 11 1 I II I TOTAL DSR TOTAL q vlll be prepared for each D+R aeperete torn ' ` .y._ 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 I APPLIt-ANT NAME. — PA ID a: DCA A -,REE\iI;VT NO. - APPROVED I Cp`I`IENTS CURRENT I FOR 1 DSR PREVIOUS I _ ------ AMOUNT I PAYMENTS REQUEST 1 PAYSIENT- i(FOR DCA USE) I - REQUEST - I -------- 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_.._--- I i I I I I I I I — Category DSRa I I I I I 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 i 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 c l U 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 :.. . ,, r 3 j �{ E f ,,` v . �3. .' ysk�l.��� 4:, e '.; 4 �� , i Y Atl i I I ;..� . r '� .� .:r a..+�'!":f— .r ..'mow+—. _. -GwrSY'tOTT`P Z .T?Z Tfi"'" '"��.'- �.