HomeMy WebLinkAboutR-98-0690J-98-699
7/1/98
RESOLUTION NO. 9 8 6 9 0
A RESOLUTION, WITH ATTACHEMENT(S),
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
DISASTER RELIEF FUNDING AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE STATE OF FLORIDA, DEPARTMENT
OF COMMUNITY AFFAIRS, FOR THE REIMBURSEMENT
OF EXPENSES INCURRED BY THE CITY OF MIAMI IN
THE AFTERMATH OF THE DECLARED DISASTER WHICH
OCCURRED IN THE MIAMI AREA FEBRUARY 2-4,
1998, SAID REIMBURSEMENT SUBJECT TO TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN
SAID AGREEMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY OTHER AGREEMENT(S) OR
DOCUMENT(S) NECESSARY, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND
IMPLEMENTATION OF SAID REIMBURSEMENT.
WHEREAS, on February 2-4, 1998, torrential rainfalls,
numerous tornadoes and associated high winds produced disastrous
weather conditions which had a devastating impact upon Southern
Florida; and
WHEREAS, the severity of the damage and losses resulted in
the declaration of a disaster emergency by the Governor in
Executive Orders Nos. 98-37 and 98-57; and
WHEREAS, the President of the United States has concurred
and declared a major disaster emergency for the counties of
Broward, Miami -Dade and Monroe (FEMA-1204-DR-FL) and has made
ATTACHMENT
COX TAINED
CITY COMMISSION
MEETING OF
J It L 1 4 1998
Resolution No.
98- 690
federal funds available for eligible disaster relief activities;
and
WHEREAS, the City of Miami was fortunate in that the
majority of the damage was concentrated to the West and North of
the City, but we did receive minor structural damage and debris
cleanup, resulting damage estimated at approximately $150,000;
and
WHEREAS, the FEMA-State Agreement requires the State to
share in total costs eligible for federal assistance; and
WHEREAS, Chapter 97-152, Laws of Florida, in specific
appropriation 1114A, provides that federal disaster assistance
matching requirements shall be equally shared between the State
and its Subgrantees; and
WHEREAS, Section 252.35, 252.36, 252.37 and 252.38, Florida
Statutes, authorize the relationship described within said
Agreement; and
WHEREAS, in order for the City to be reimbursed for the
damages incurred, pursuant to FEMA-1204-DR-FL, the City Manager
must execute a Disaster Relief Funding Agreement and any other
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documents necessary for the acceptance and implementation of said
reimbursement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
enter into a Disaster Relief Funding Agreement ("Agreement"), in
substantially the attached form, with the State of Florida,
Department of Community Affairs, for the reimbursement of
expenses incurred by the City of Miami in the aftermath of the
declared disaster which occurred in the Miami area February 2-4,
1998, said reimbursement subject to terms and conditions as more
particularly set forth in said Agreement.
Section 3. The City Manager is hereby further authorized
to execute any other agreement (s) or document (s) necessary, in a
form acceptable to the City Attorneyl/, for acceptance and
implementation of said reimbursement.
Section 4. This Resolution shall become effective
l� The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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immediately upon its adoption and signature of the Mayor.Z/
PASSED AND ADOPTED this 14th day of July , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-38, since the Mpycr did not ineZ 'e Pnnrofml of
this legislation by signing it in the designated place provi-'ed, a a,
becomes effective with the elapse of ten (10) days fro the of C=Mlssion L-1-1-
regarding same, without the Mayor exercising a
ATTEST:
Wafter n, City Clerk
WALTER J. FOEMAN
CITY CLERK
NESS:
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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98-- 690
DCA AGREEMENT NO. 98-RM-N4-11-23-02-040
FEMA PROJECT APPLICATION NO. 025-45000
DISASTER RELIEF FUNDING AGWYM ENT
This Agreement is between the State of Florida, Department of
Community Affairs (Grantee) and City of Miami, (Subgrantee). In
support of the Agreement, the parties state:
WHEREAS, torrential rainfalls, numerous tornadoes and associated
high wind on February 2-4, 1998, produced disastrous weather
conditions which had a devastating impact upon Southern Florida; and
WHEREAS, the severity of the damage and losses resulted in the
declaration of a disaster emergency by the Governor in Executive
Orders number 98-37 and 98-57; and
WHEREAS, the President of the United States has concurred and
has declared a major disaster emergency for the counties of Broward,
Miami -Dade and Monroe in FEMA-1204-DR-FL; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as a
result of the Presidential Declaration, has made available federal
funds for eligible disaster relief activities in FEMA-1204-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 costs eligible for federal assistance; and
WHEREAS, Chapter 97-152, Laws of Florida, in specific
appropriation 1114A, provides that Federal disaster assistance
matching requirements shall be equally shared between the State and
its subgrantees; and :y �LTUKiriNG FOR FURTHER
{ �_VI EW, PLEASE IDENTIFY 6'8 _ 9 0
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. DEFINITIONS: unless otherwise indicated, the following terms
shall be defined as stated herein.
a. "Eligible disaster relief activities", as used in this
Agreement, means those activities authorized in the FEMA-State
Agreement, as defined herein below; Public Law 93-288, as amended by
Public Law 100-707 (hereinafter the "Stafford Act"); Title 44 CFR,
Part 206, and applicable Federal Emergency Management Agency or State
guidance documents.
b. "Large Project" and "Small Project" shall be defined as
indicated in 44 CFR 206.203(c).
c. "FEMA-State Agreement" shall mean that agreement between
FEMA and the State of Florida, for the Presidential Major Disaster
Declaration FEMA-1204-DR-FL, and all modifications thereto.
d. "Permanent Work" shall be defined as stated in 44 CFR
206.201(g).
e. "Predisaster design" shall be defined as stated in 44
CFR 206.201(h).
f. "Project" shall be defined as stated in 44 CFR
206.201 (i) .
2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties agree
to be bound by all terms of the FEMA-State Agreement and all
applicable state and federal statutes and regulations, including but
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not limited to those hereafter stated, and the pertinent implementing
regulations and guidance:
(a) 44 CFR parts 6, 7, 9, 10, 11, 13, 14, 16, 17, 18 and
206 and other applicable FEMA regulations, policies, and guidance;
(b) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color or
national origin; ZI
(c) Title IX of the Education Amendments of 1972, as
amended (20 U.S.C.1681-1683 and 1685-1686) which prohibits
discrimination on the basis of sex;
(d) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C.794) which prohibits discrimination on the basis of
handicaps;
(e) the Age Discrimination Act of 1975, as amended (42
U.S.C.6101-6107) which prohibits discrimination on the basis of age;
(f) the Drug Abuse Office and Treatment Act of 1972 (P.L.
91-616) as amended, relating to nondiscrimination on the basis of
drug. abuse;
(g) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as
amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism;
(h) 523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records;
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(i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing, and any other nondiscrimination
provisions in the specific statute(s) under which application for
federal assistance is being made;
(j) Section 106 of the National Historic Preservation Act
of 1966, as amended (16 U`:S.C. 470), EO 11593 (identification and
preservation of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.);
(k) Lead -Based Paint Poisoning Act (42 U.S.C. 4801) et
seq.) which prohibits the use of lead based paint in construction or
rehabilitation of residential structures;
(1) Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Act of 1970 (P.L. 91-646) which
provides for fair and equitable treatment of persons displaced or
whose property is acquired as a result of federal and federally
assisted programs.. (These requirements apply to all interests in
real property acquired for project purposes regardless of federal
participation in purchases.);
(m) Energy, Policy and Conservation Act (P.L. 94-163), and
the provisions of the State Energy Conservation Plan adopted pursuant
thereto;
(n) Copeland "Anti -Kickback" Act (18 USC 874), as amended,
and as supplemented by 49 CFR part 3); and
(o) Executive Order 11246 (Equal Employment Opportunity) as
4 98- 00
amended by Executive Order 11375 and as supplemented by 41 CFR
chapter 60.
3. FUNDING and INSURANCE: The Grantee shall provide funds to the
Subgrantee for eligible disaster relief activities for the projects
approved by the Grantee and FEMA as specifically described in the
approved Damage Survey Report(s) (DSR(s]). Allowable costs shall be
determined in accordance with 44 CFR §206, 44 CFR Part 13, and
pertinent FEMA guidance documents. Approved DSRs shall be
transmitted to the Subgrantee and shall cumulatively document the.
specific amount of funding provided, and the applicable scope(s) of
eligible work, under this Agreement. DSRs may obligate, or
deobligate funding, thereby revising the total amount of authorized
funding.
Subgrantee agrees that the Grantee is authorized to withhold
funds otherwise payable to Subgrantee, from any agreement
administered by the Grantee, upon a determination by the Grantee or
FEMA, or any auditor, that funds have been provided to Subgrantee
pursuant to this Agreement, or any other disaster relief funding
agreement administered by the Grantee, in excess of eligible costs.
Subgrantee agrees, as a condition of receipt of funding pursuant
to this Agreement, to obtain and maintain reasonably available,
adequate, and necessary insurance, as required by 44 CFR 206.252 and
206.253, for the type or types of hazard for which the major disaster
was declared for any and all projects receiving funding. Proof of
said insurance shall be made available to the Grantee as a condition
5 98- 690
of receipt of funding under this Agreement.
4. DUPLICATION OF BENEFITS PROHIBITION: In accordance with the
provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Subgrantee shall notify the Grantee, as
soon as practicable, of the existence of any insurance coverage for
the damage identified on the DSR, and of any entitlement or recovery
to payments from any other source, for the projects described in the
DSR(s). Eligible costs shall be reduced by the amount of duplicate
sources available. The Subgrantee shall be liable to the Grantee to
the extent that the Subgrantee receives duplicate benefits from
another source for the same purposes for which the Subgrantee has
received payment from the Grantee. The Subgrantee shall immediately
remit to the Grantee any duplication of benefits payment received by
the Subgrantee.
5. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING LAWS:
The Subgrantee shall be responsible for implementation and completion
of the approved projects described in the DSR(s) in a manner
satisfactory to the Grantee, and in accordance with applicable
federal, state, and local statutes, regulations, plans, and policies.
Any development authorized by, any development order issued by, any
permit issued by, or any development activity undertaken by, the
Subgrantee, and any land use permitted by or engaged in by the
Subgrantee, shall be consistent with the local comprehensive plan and
land development regulations prepared and adopted pursuant to Chapter
163, Part II, Florida Statutes. Funds shall be expended for, and
6 . 98- 690
development activities and land uses authorized for, only those uses
which are permitted under the comprehensive plan and land development
regulations. The Subgrantee shall be responsible for ensuring that
any development permit issued and any development activity or land
use undertaken is, where applicable, also authorized by the pertinent
Water Management District, the Florida Department of Environmental
Protection, the Florida Department of Health, and any local
environmental or land use permitting authority, where required.
In addition, Subgrantee shall comply with other federal and
state environmental laws, statutes, regulations, and guidance
including, but are not limited to, the following:
(a) institution of environmental quality control measures under
the National Environmental Policy Act of 1969 (P.O. 91-190), as
amended and Executive Order (EO) 11514;
(b) notification of violating facilities pursuant to EO 11738;
(c) protection of wetlands pursuant to EO 11990;
(d) evaluation of flood hazards in floodplains in accordance
with.EO 11988;
(e) assurance of project consistency with the approved state
management program developed under the Coastal Zone Management Act of
1972, as amended (16 U.S.C. 1451 et seq.);
(f) conformity of federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. 7401 et seq.);
(g) protection of underground sources of drinking water under
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the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523);
(h) protection of endangered species under the Endangered
Species Act of 1973, as amended, (P.O. 93-205); and
(i) the Wild and Scenic Rivers Act of 1968, as amended (16
U.S.C. 1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system; and
(j) compliance with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42 USC
1857(h)], section 508 of the Clean Water Act (33 USC 1368), and
Environmental Protection Agency Regulations (40 CFR part 15).
Subgrantee further agrees to provide and maintain competent and
adequate engineering or other supervision at all construction or work
sites to ensure that the complete work conforms with the approved
plans, specifications, and scope of work.
6. REQUIRED DOCUMENTATION; REVIEW/INSPECTION:'The Subgrantee
shall create and maintain acceptable documentation of work performed
and costs incurred with respect to each project identified in
connection with a Damage Survey Report (DSR). Failure to create and
maintain proper documentation will result in the disallowance of
Public Assistance funding, and require the refund of funds previously
reimbursed or advanced, including an interest penalty. For all Large
projects, the Subgrantee shall submit: (a) a Summary of Documentation
(blank form attached as Exhibit A) supported by all appropriate
backup documentation (e.g.:invoices, canceled checks, daily activity
reports, payroll records, time sheets, executed contracts, receipts,
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purchase orders, billing statements, etc.); (b) a request for
reimbursement of actual costs; and (c) a signed project listing when
all projects are complete. For all Large Projects, the Subgrantee
must submit a request for a final inspection. For all projects the
Subgrantee shall certify, on the Project Listing, that all work was
performed in accordance with the requirements in this Agreement and
the requirements in each DSR, and shall state the date the work was
completed. The Grantee will inspect Small Projects on a random
basis. The Grantee will schedule and perform the final inspections
on Large Projects, and review the Project Listing for Small Projects
or inspect the project, to ensure that the work was performed within
the scope of work delineated on the DSR(s). Costs of any work not
performed within the approved scope of work shall not be eligible for
funding.
7. COST SHARING: The disaster relief funds for eligible costs
indicated on the DSR(s) and described in this Agreement shall be
shared in accordance with the cost sharing provisions established in
the Stafford Act, the FEMA-State Agreement, and Chapter 97-152, Laws
of Florida, Specific Appropriation 1114A. DSRs document the total
eligible costs and the total Federal share (75%) of those costs. The
Grantee agrees to provide one-half of the non -Federal share (12%% of
total eligible costs). As a condition of receipt of this funding,
the Subgrantee similarly agrees to provide one-half of the non -
Federal share (12%% of total eligible costs). Administrative costs
which according to the schedule are in addition to and not part of
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the DSR(s) eligible costs, and are otherwise eligible under 44 CFR
206.228 and involve no required match, will be funded by FEMA.
8. PAYMENT OF CLAIMS:
a. SMALL PROJECTS: The Grantee shall make payment to the
Subgrantee of the Federal share of the 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 the
following: (1) a Request For Advance or Reimbursement Form (blank.
form attached hereto as Exhibit B); (2) a Summary of Documentation
Form, listing the DSR #, identifying the audit ready documentation
that exists to support the payment request, identifying the dollar
amounts of each eligible cost, and identifying the Subgrantee's own
internal reference number (voucher, warrant, purchase order, etc.);
and (3) a letter providing a brief synopsis of the request, and
certifying that the reported costs were incurred in the performance
of eligible work.
c. ADVANCES: This Subgrantee may be paid an advance of
funds provided that the Subgrantee: (1) demonstrates and maintains
the willingness and ability to maintain procedures to minimize the
time elapsing between the transfer of funds and their disbursement;
(2) submits budget data on which the request is based; (3) submits a
justification statement explaining the necessity for and proposed use
of the funds, and specification of the amount requested; and (4)
submits a completed Request for Advance or Reimbursement Form. After
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any advance, and in the event no advance is provided, all payments
shall be on a cost reimbursement basis. Subgrantee shall promptly,
but at least quarterly, remit interest earned on advances (if any)to
the Grantee for remittance to FEMA.
d. IMPROVED PROJECTS: If the Subgrantee desires to make
improvements, but still restore the predisaster function of the
damaged facility in accordance with 44 CFR 206.203, the Subgrantee
ZI
must obtain prior approval from the Grantee.
e. ALTERNATE PROJECTS: In any case in which the Subgrantee
determines that the public welfare would not be best served by
restoring a damaged public facility, or function of that facility,
the Subgrantee may request that the Grantee and FEMA approve, in
advance of performing any work, an alternate project in accordance
with 44 CFR 206.203.
f. The Grantee may, in its sole discretion, withhold a
percentage of funding provided on each DSR in order to protect
against subsequent adverse determinations by FEMA regarding
previously authorized or disbursed grant funds.
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 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 relating to the
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inspection and final audit have been completed, and any action or
resolution of outstanding issues have been completed. In no event
will such records be maintained for a period of less than three (3)
years from the date of the final payment under this Agreement.
Access to those records must be provided at reasonable times to the
Comptroller General of the United States, the Grantee, its employees
and agents, and to FEMA, its employees and agents.
11. RECOVERY OF FUNDS: If the final inspection, audit, or other
review by FEMA, the State, or any other authorized entity determines
that payment made under this Agreement exceeds the amount of actual
eligible costs, the Subgrantee shall, within forty-five (45) days of
receipt of the determination notice, repay the Grantee the amount
determined to be in excess of the actual costs.
12. AUDIT:
a. Subgrantees shall submit an Audit of Agreement
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 grant must be identified
with the audit submitted. Such audit shall also comply with the
requirements of Sections 11.45 and 216.349, Florida Statutes and
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Chapter 10.550, Rules of the Auditor General, and, to the extent
applicable, the Single Audit Act of 1984, as amended, 31 USC 7501
through 7507, and OMB Circular A-133. If the Subgrantee is a private
non-profit organization, it shall submit an organization -wide audit.
All audits are due seven (7) months after the termination of the
entities fiscal year.
b. The Grantee may require the Subgrantee to undertake
Zo
such further or additional audits as determined necessary or
appropriate including, but not limited to, past and current
organization -wide 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 ensure
compliance with this Agreement.
C. 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.
•13. NONCOMPLIANCE: If the Subgrantee violates any of the
conditions of disaster relief assistance under the Robert T. Stafford
Act of 1988, Public Law 93-288 as amended by Public Law 100-707, the
FEMA-State Agreement, applicable state law or applicable state or
federal regulations, including those noted herein, 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 any other action that is legally available.
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14. NONDISCRIMINATION/CONTRACTORS: 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. The Subgrantee shall comply with federal regulations
concerning the General Services Administrative Consolidated List of
Debarred, Suspended and Ineligible Contractors, as provided in 44 CFR
Part 17.
15. 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: All activities funded under this
Agreement shall be timely performed and completed. In accordance
with 44 CFR 206.204, and subject to any approved extension by the
Governor's Authorized Representative (GAR) or the Federal Regional
Director, the term for performance of debris clearance or emergency
work 2s six (6) months from the date of the declaration of a major
disaster or emergency. Permanent work must be completed within
eighteen (18) months of the date of the declaration of a major
disaster or emergency. Within sixty (60) days after expiration of
the latest approved extension for Large Projects, the Summary of
Documentation, a request for final inspection and supporting
documentation identified in Paragraph 6, REQUIRED DOCUMENTATION:
REVIEW AND INSPECTION, shall be submitted to the Grantee. Within
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thirty (30) days of the later of: (1) the completion of all work, or
(2) receipt of FEMA's approval of the Final Inspection, the
Subgrantee shall submit the completed Project Listing to the Grantee.
Time extensions may be granted on an individual basis, in accordance
with 44 CFR 206.204. If any extension request is denied, the
Subgrantee may be reimbursed for eligible project costs incurred up
to the latest approved completion date. Failure to complete the
project will result in the denial of funding for that project.
17. CONTRACTS WITH OTHERS: If a Subgrantee contracts with any
other entity (herein 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 arising out of the performance of the work by the contractor
under the contract. To the extent that the Subgrantee has
outstanding, uncompleted, contracts for work for which reimbursement
will be requested under this Agreement, Subgrantee agrees to use its
best efforts to modify said contracts in accordance with this
paragraph.
18. TERMINATION: Either party may request termination of this
Agreement, in writing, delivered in person, or by certified mail, to
the party's representative who executes this Agreement. Said
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termination may be accomplished by mutual agreement of the parties,
effective thirty (30) days after an executed modification to effect
termination.
19. LIABILITY:
(a) The Grantee assumes no liability whatsoever to third
parties as a result of this Agreement. Except as otherwise provided
in subparagraph (b) below,.'the Subgrantee shall be solely responsible
to parties with whom it shall deal in carrying out the terms of this
Agreement, and shall indemnify and save the Grantee and the State. of
Florida harmless against all claims, suits, liabilities and damages,
of whatever nature, arising out of the performance of activities
funded or contemplated under this Agreement. For purposes of this
Agreement, Subgrantee agrees that it is not an employee or agent of
the Grantee but is an independent contractor.
b. Any Subgrantee which is a state agency or subdivision,
as defined in Section 768.28, Fla. Stat., agrees to be fully
responsible for its negligent acts or omissions or tortious acts, and
agrees to be liable for any damages proximately caused by said acts
or omissions. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Subgrantee to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state
agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of the performance of this
Agreement.
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c. Subgrantee represents and warrants that hazardous and
toxic materials, if present at any locations where the scope(s) of
work will be performed, are at levels within regulatory limits and do
not trigger action required by Federal, State or local laws or
regulations. Subgrantee further represents and warrants that
household hazardous waste meeting the definition set forth in 40 CFR
shall be handled in a manner which meets all Federal, State and local
laws and regulations. Subgrantee further represents and warrants
that the presence of any condition(s) or material on site, which
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is subject to Federal, State or local laws and regulations (including
but not limited to: above ground or underground storage tanks or
vessels, asbestos, pollutants, irritants, pesticides, contaminants,
petroleum products, waste, chemicals, and septic tanks), shall be
handled and disposed of in accordance with the pertinent
requirements.
20. REPORTS: The Subgrantee shall provide quarterly progress
reports to the Grantee. The first report is due three (3) months
after,the date of execution of this Agreement or at a date negotiated
between FEMA and the Grantee if one is so negotiated, and quarterly
thereafter until the work has been completed and approved through
final inspection. All reports shall be provided using the attached
Quarterly Report Form. Interim inspections shall be scheduled by the
Subgrantee prior to the final inspection and may be requested by the
Grantee based on information supplied in the quarterly reports. The
Grantee may require additional reports as needed. The Subgrantee
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shall, as soon as possible, provide any additional reports requested
by the Grantee. The Grantee contact will be the state public
assistance officer for all reports and requests for reimbursement.
21. STANDARD CONDITIONS: The Subgrantee further agrees to be
bound by the following standard conditions:
a. The State of Florida's performance and obligation to
pay under this Agreement is contingent upon an annual appropriation
by the Legislature, or the provision of funding to the Grantee
pursuant to Section 252.37, Florida Statutes.
b. If otherwise allowed under this Agreement, any
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 to meet the
criteria for completion is due to events beyond the control of the
Subgrantee.
C. Bills for fees or other compensation for services or
expenses must be submitted in detail sufficient for a proper pre and
post.audit thereof.
d. The Grantee may unilaterally cancel this Agreement for
refusal by the Subgrantee or its contractors to allow public access
to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and 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
18
8 - 60V
provision shall constitute a breach of contract, and constitute
grounds for termination.
e. Pursuant to Section 216.347, Florida Statutes, and
applicable federal law, the Subgrantee agrees that no funds from 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. '
f. The Subgrantee certifies with respect to this Agreement
that it possesses the legal authority to receive the funds.
g. The Subgrantee shall comply with any Statement of
Assurance attached hereto, which shall be incorporated herein. The
Subgrantee acknowledges that the responsibility for complying with
the approved subgrant award rests with the recipient Subgrantee and
acknowledges that failure to do so constitutes grounds for the
recission or suspension of this subgrant and may influence future
subgpant awards.
22. TERM: This Agreement shall be effective upon execution 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:
19
98 690
FOR THE GRANTEE:
Joseph F. Myers GAR
State Public Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
FOR THE SUBGRANTEE:
Grant Sheehan, Coordinator
ni ag afar Rarnyp = L Cii tZ of Maui
444 S.W. tad. Ave. 8th. Floor.
Mimi, F1. 33130-1910
24. The Subgrantee hereby authorizes Grant ' Sheehan
as its designated Agent, to execute Requests tor
J
Reimbursement, necessary certifications, and other supplementary
documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this
Agreement;
FOR THE SUBGRANTEE:
By:
Title
Date
Subgrantee's Federal
Employer Identification No.
FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By:
Governor's Authorized Rep.
Title
Date
CATALOGUE OF FEDERAL DOMESTIC
ASSISTANCE NUMBER: 83.545 DISASTER ASSISTANCE
APPROVED AS TO FORM AND CORRECTNESS:
CIT`1 ATTORNEG
fV'I �l/✓
20
98- 690
PAGE OF PAGES
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLABOIED FOR ELIGEBLE DISASTER WORK
Applicant Disaster No. FEMA- -DR-FL
DCA Agreement
No. Proied Awlicatim No. DSR No.
Apptiamti Rm&a Na
DiinryDm d
Aaauft
(Waal %%Od , am=
asWn a
AP~ BbMs
tsdomeNa)
Pads onwim
q*fiinswirA*qdpmwndnrdv4mdww 1bgwliguYnd
Cab
lip bm is r ifgwd p rppliafaa �dpw bdddrradpi�a des
ordahs:wnio�a
TOTAL
DSR
TOTAL
A separate form wdi be pmWed for each DSR
'Ili
•
� • 1
PAGE OF PAGES
FLORMA DMSION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLARaD FOR ELIGIBLE DISASTER WORK
Applies 1 Disaster No. 2 FEMA 1204-DR FL
No. 9&]LM N4- S __ Proiect A=*caem No. 3DSR No. 4
J1p &"%R fwe Na
(Wmwe. %%OA . C N
DdimyDara[
ee .. ar
ooas�w�
UN Dooenemufm (*4~ PWI'e4 men" " ef 11 f week.
Mews
A~ EVVO
W 34bo exa)
pedari Wr"@ a
Vo Wao%m"sWiPmwwdaa 4f-@derermama" *a ag"-d
Caen
Ise il�s a ap�awad Pew �� � P� • keie[dooeeip`aa a[tka
nda{ee ar eaniaa
6
7
8
9
TOTAL
10
11
DSR
TOTAL
A separate form will be prepared for each DSR
98- 699
Instrnetions for Preparation of the
SUN 4 ARY OF DOCUMENTATION
Form
Payments on large projects are made on a cost reimbursable basis. The applicant needs
to prepare a Summary of Documentation form for each large project (over $47,100 in
Disaster 1204) Damage Survey Report (DSR) showing finds expended in order to be
reimbursed for that DSR.
Payments on small projects are provided based on estimates approved by FEMA.
However, information shown on the Summary of Documentation is needed for all small
projects if an applicant requests additional funding for overruns on small projects.
Since the regulations (44CFR 206.204(e))' provide for added small project funding
only after offsetting underrun's against overruns on other small projects, information
only on the overruns is not sufficient.
A separate form must be prepared for each Project
DSR or master DSR if there are suuvlemental DSRs
Example, see numbers on attached blank form
Applicant Name: Example "Bay County"
2. Disaster Number: Example Hurricane Opal "FEMA-1069-DR-FL"
3. Project Application No: Example "005-00000"
4. DSR No: Example "15025"
5. DCA Agreement No: This is the 15 digit number on the first page of your
Disaster Relief Funding Agreement starting with 98-RM N4.
6. Applicant Reference Numbers, these should provide a reference to the file that
contains the information on the cost that doesn't require a reference to the DSR
No. and could include:
98- 690
a. Warrant number
b. Check number
c. Schedule number
d. Voucher number
e. Payroll Register
7. Delivery date: This column should show inclusive dates for the work performed
for costs on this line.
8. Documentation: This column should show the following features as relevant to
the type of work covered:
a. Location of the work
b. Vendor or contractor
1. brief description of work performed .
c. Summary of labor
d. Summary of material and supplies
e. Summary of equipment
9. Applicant's Eligible Costs: Use this column for your extensions and totals of
eligible costs.
10. Total: This is the total or subtotal (if more than one form is needed) of your
eligible costs.
11. DSR Total: This is the approved amount of the Damage Survey Report.
The Governor's Authorized Representative's staff is available to provide you with
additional assistance in filling out these forms and obtaining funding for eligible costs.
8 - 690
FLORIDA DEPARTMENT OF cOmmuNrry AFFAIRS
DMSION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbum mad for
Public Assistance Funds
SUBGitANTEE NAME DECLARATION NO: FSMA- -DR-FL
ADDRESS:
PAYMENT No: DCA Awee ne x No: 9$ RM-M-
DSR
PREVIOUS
CURRENT
DCA Use Qel ,
Carom ws
AMOUNT
PAYMENT
REQUEST
DSR#
CATEGORY
DSR#
CATEGORY
DSR#
CATEGORY
DSR#
CATEGORY
DSR#
CATEGORY
TOTAL CURRENT REQUEST $
I oettify that tho the best of my Imowledge and b&d the above a000imts are com ct and that all &sbum mmb were made m acootdance with all
conditions of die DCA agieemeot and p"mmt is due and has nat been Previously mquested fat these amounft
SUBGRANPI,E SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED DSR AMOUNT $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
EXHIBIT B
98- 690
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DWMON OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
SUBGRANTEE: DSR#:
PROJECT LOCATION: PA ID#:
DISASTER NUMBER: FEMA-DR-FL- QUARTER ENDING --
Percentage of Work Completed (may be confirmed by state inspectors):
Project Proceeding on Schedule: [ ] Yes [ J No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope ofwork, and cost:
Cost Status: [ J Cost Unchanged [ J Under Budget [ J Over Budget
Additional Comments/Elaboration:
NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and/or audits at any time. Events
may occur between quarterly reports which have significant impact upon your project(s), such as aabcipated overruns, changes
in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non-
compliant with your subgrant award
9- 690
a )IRV I Ali: I.
hereby authorizes our insurance company(ies) to
Kmwef AAvffmw
release directly to the Governor's Authorized Representative, Department of Community
A4 ffaft of the State of Florida, any and all information needed toprocess damage survey
reports related to a federaUy4eclared disaster. Date of Loss:
To assist in this process, the foAowing data is provided•
1. Legal Name Referenced in d w Policy:
2. Windstorm Insurer:
Nmwe sdAd&v=
3. Policy Number.
4. CLAIM NUMBER(S):
S. Adjuster:
N� refeplwwe aawber
6. Flood insurer:
Nacre "d.dams
7. National Flood Insurance Policy Number:
8. CLAIM NUMBER(S):
9. N.F.I.P. Adjuster: L
Authorized Representative
of Named Insured
Saw Ti&p",w "mkr
Me
FKW" Name
Date
98- 690
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�7K 37K *Jet - NIP.: AND S*STRE' t
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r s � � • _ � � ssizails'
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MOTOR"
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s 17 �a"'` s�{M ! 11040Zt lZ4i 736! t 17a5 NM 4aT i fl
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-----------------
V 1 9� ,x, -.9• � •tj �� r i
16.
TO Honorable Mayor and
Members of the City Commission
2
FROM: onald H. Warshaw
City Manager
RECOMMENDATION
22
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE :June 5, 1998
SUBJECT
REFERENCES:
ENCLOSURES:
FILE :
Resolution Accepting
Disaster Funding, Storm 1204
It is respectively recommended that the City Commission accept the attached Resolution
authorizing the City Manager to enter into an agreement ( Disaster Relief Funding Agreement)
with the State of Florida ,Department of Community Affairs, for the reimbursement of expenses
incurred related to the declared disaster of February 2-4 1998, (Storm 1204)
BACKGROUND
On February 2-4, 1998, torrential rainfalls, numerous tornadoes and associated high winds
produced disastrous weather conditions which had a devastating impact upon Southern
Florida. The severity of the damage and losses resulted in the declaration of a disaster by
the Governor. The President of the United States has concurred and declared a major
disaster emergency for Broward, Miami -Dade and Monroe Counties.
The City of Miami was fortunate in that the majority of the damage was concentrated to
the West and North of the city but as a result of the high winds we did receive some
minor structural damage to city facilities and necessary debris cleanup. As a result of the
Preside :tial Declaration the Federal Emergency Agency has made available federal funds
for these eligible expenses. In order to receive these funds it is necessary for the City
Manager to enter into said agreement with the State and to execute the necessary
documents, in form acceptable to the City Attorney, for the said purpose: containing a
repealer provision and severability clause.
98- 690
CITY OF MIAMI. FLORIDA
FILE -
INTER -OFFICE MEMORANDUM
Donald H. Warshaw D,,-E 6-3-98 G,LE:
City Manager .
SUB.,ECT Disaster Funding Agreement
Declared Disaster 1204
=Ro„ ant Sheehan, Coordinator REFERENCES
Disaster Recovery
ENCLOSURES
On February 2-4, 1998, torrential rainfalls, numerous tornadoes and associated high
:winds produced disastrous weather conditions which had a devastating impact upon
Southern Florida. The severity of the damage and losses resulted in the declaration of a
disaster by the Governor. The President of the United States has concurred and declared a
-major disaster emergency for the counties of Broward, Miami -Dade and Monroe.
The City of Miami was fortunate in that the majority of the damage was concentrated to
the West and North of the city but do to the high winds we did receive minor structural
damage to some city facilities and necessary debris cleanup. Preliminary reports and
later Damage Survey Reports (D.S.R'S) have amounted to the following, by Categories:
A- $128,171.00
B- $
0.
C- $
0.
D- $
0.
E- $
10,254.00
F- $
0.
G- $
14,330.00
Total - $152,755.00
Debris
Emergency Work
Roads and Bridges
Water Control
Buildings And Equipment
Utilities
Parks, Recreational, and Other
As a result of the Presidential Declaration the Federal Emergency Agency has made
available federal funds for these eligible expenses. In order to receive these funds it is
necessary for the City to enter into a agreement; (DISASTER RELIEF FUNDING
AGREEMENT) with the State of Florida, Department of Community Affairs.
In anticipation of being on the July 14 Commission Agenda, I am working with the Law
Department in preparing the necessary legislation.
Should you have any questions please contact me at 416-1253
c: Christina M. Cuervo, Assistant City Manager
Captain J. Fernandez, Fire Department
98- 690