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96-22006 RESO RESOLUTION NUMBER 96-22006 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENT MODI FICA TION NO. 1 TO EXTEND THE TERMINATION DATE OF MEMORANDUM OF AGREEMENT NO. 95EO-3M-11-23-02-077 WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND. WHEREAS, the City entered into Memorandum of Agreement (MOA)No.95EO-3M-11-23-02-077 with the State of Florida, Department of Community Affairs, for the purpose of assisting the City in repairing and replacing facilities damaged by Hurricane Andrew which were not reimbursed by the Federal Emergency Management Agency (F.E.M.A.); and WHEREAS, the estimate for the amount of time necessary to complete the project has increased; and WHEREAS, the City has requested a time extension of one year; and WHEREAS, it is vital that the City enter into the attached Agreement Modification No.1, extending the time required to complete the extraction of exposed steel groins along the Miami Beach shoreline, and to supply supporting documents so as to obtain financial assistance from the State of Florida and the United States Government. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are herein authorized to execute the attached Agreement Modification NO.1 for Memorandum of Agreement No. 95EO-3M-11-23-02-077, extending the termination date therein to May 31, 1997. DAY OF June ,1996. PASSED AND ADOPTED THIS 5th A~EST: \Ko lu.-cr P~k\. CITY CLERK t-....;i" "nr1~o'rr'. . l',d, !It ,'K VeD By LWfP~. Date ~~~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: June 5, 1996 FROM: Jose Garcia_pedls City Manager A RESOLUTIO OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT MODIFICATION NO.1 TO EXTEND THE TERMINATION DATE OF THE MEMORANDUM OF AGREEMENT NO. 95EO-3M-11-23-o2-077 WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS FOR HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND. SUBJECT: ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute the attached Agreement Modification No. 1 to extend the termination date of the Memorandum of Agreement No. 95EO-3M-11-23-02-077, Hurricane Andrew Recovery and Rebuilding Trust Fund, with the State of Florida, Department of Community Affairs. BACKGROUND: The City of Miami Beach, through the Department of Development, Design & Historic Preservation Services has recognized hurricane related damages of $424,215 sustained by Hurricane Andrew which were not eligible for reimbursement from F.E.MA Such damages included the cost to resurface roads, replacement of pipe hangers along the Venetian Causeway, the rebuilding of the lifeguard stands, repairs done to the 14th Street rest-room, other expenditures for hurricane related matters, repairing of Old City Hall, administrative expenses and the extraction of the visible and hazardous steel groins along the Miami Beach shoreline. ANALYSIS: The City has received $95,449 of the $424,215; a further $187,057 is expected within sixty (60) days and the remaining $141,709 will be received once the extraction of the steel groins along the shoreline is completed. The groin extraction is being done by Metro Dade and they have experienced delays beyond the date of the current State agreement. The State will only reimburse if the agreement is current. Once these reimbursements are received, the City's would have received $6.6M from the State of Florida for hurricane related damages, law enforcement expenditures and loss of revenue. The City's hurricane related expenditures are currently being reviewed by F.E.MA auditors and once this review is completed the City should expect its final reimbursement for the closed out projects. CONCLUSION: The Commission should adopt the attached Resolution in order to have the time extended to May 31, 1997 for the completion of projects and the claim for reimbursement. JGP:~ AttacfurZt AGENDA ITEM L'1S_ 1o-5-q~ DATE AGREEMENT MODIFICATION NO.1 Memorandum of Agreement No. 95EO-3M-11-23-02-077 Grantee: City of Miami Beach Project: Miami Beach Hurricane Recovery Program Nature of Modification: Extend Termination Date This Modification concerns an Agreement between the State of Florida, Department of Community Affairs (Administrator) and the City of Miami Beach (Grantee). In support of the Modification the parties state: WHEREAS, the Parties entered into Memorandum of Agreement (MOA) No. 95EO-3M-11-23-02-077; and WHEREAS, the estimate for the amount of time necessary to complete the project has increased; and WHEREAS, the Grantee has requested a time extension of one year. NOW THEREFORE, the parties agree as follows: a. Paragraph 1.1 is modified to change the termination date to May 31, 1997. b. All other terms and conditions remain the same. IN WITNESS WHEREOF, the parties have caused this modification to be execute by their duly authorized representatives. By: 0 Lu..t ~ Robert Parcher, Cit Clerk ST A E OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Name and Title: Joseph F. Myers. Director Division of Emergency Management Date: C:IOFFICEIWPWINIWPDOCSIPROJECTSI77MBEACHIMOD1.077 RESOLUTION NUMBER95-21620 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND, AND DESIGNATING HARRY S. MAVROGENBS, ASSISTANT CITY MANAGER, AS THB CITY DESIGNATED AGENT TO EXECUTE REQUESTS FOR ADVANCES, NECESSARY CERTIFICATIONS AND OTHER SUPPLEMENTAL DOCUMENTS IN ORDER TO RECEIVE REIMBURSEMENT FOR RECOGNIZED HURRICANE RELATED EXPENDITURES. WHEREAS, Hurricane Andrew produced disastrous weather conditions which had a devastating impact upon the City of Miami Beach; and WHEREAS, the high gust winds and the storm surge of Hurricane Andrew caused the deterioration of the pipe hangers along the Venetian Causeway, the destruction of lifeguard stands and damage to the Old City Hall; and WHEREAS, eroding of the shoreline resulted in the exposure of steel groins which poses a threat to swimmers; and WHEREAS, constant movement of dump trucks and heavy equipment has caused damages to the roads leading to temporary trash sites; anl1 WHEREAS, the Florida Legislature has enacted Chapter 94-357, Laws of Florida, relating to increased sales tax revenues from Hurricane Andrew recovery to be made available to local governments and non-profit organizations within the specified counties for operating and capital costs and revenue losses which are directly associated with relief, recovery or rebuilding resulting from Hurricane Andrew; and WHEREAS, it is vital that the City of Miami Beach enter into certain agreements and execute required documents so as to obtain financial assistance from the State of Florida and the United States Government. NOW, THEREFORE, BB IT RESOLVED BY THB MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk, are herein authorized to execute the attached Memorandum of Agreement with the State of Florida, Department of Community Affairs, which asserts the City's claim to reimbursement, appoint Harry S. Mavrogenes, Assistant City Manager, as the City's representative with regard to recovery of such funds, and further authorizes Mr. Mavrogenes to execute any and all necessary documents required to pursue the City's claim for reimbursement available under the Memorandum of Agreement. PASSED AND ADOPTED THIS 21st DAY OF June , 1995. , . . . I ~ \'t~ C~ CITY CLERK HARRTF . RES FORM APP LEA J ~ ~ ~ Date 4rl--t0 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO.~ TO: Mayor Seymour Gelber ad Memben 0( the City Commls.ion DATE: June 21, 1995 SUBJECT: A RESOLUTION OP MAYOR AND CITY COMMISSION OP THE CITY OP MIAMI BEACH, LORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OP AGREEMENT WITH THE STATE OP PLORIDA, DBPARTMENT OP COMMUNITY AFPAIRS, POR THE HU'RRlCANB ANDREW RECOVERY AND REBUILDING TRUST FUND, AND DESIGNATING HARRY S. MAVROGENBS, ASSISTANT CITY MANAGER, AS THE CITY DBSIGNATED AGENT TO EXECUTB REQUESTS FOR ADVANCBS, NECBSSARY CERTIPlCATIONS AND OTHER SUPPLEMENTAL DOCUMENTS IN ORDBR TO RECEIVE REIMBURSEMENT FOR RECOGNIZED HURRICANE RELATBD EXPENDITURES. FROM: Jose Garda-Pedl"Ola City Manager ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute the attached Memorandum of Agreement, DCA agreement No. 9SEO-3M-23-02- 077, Hurricane Andrew Recovery and Rebuilding Trust Fund, with the State of Florida, Department of Community Affairs and designating Harry S. Mavrogenes, Assistant City Manager, as the City'S designated agent to execute requests for advances, necessary certifications and other supplemental documents in order to receive reimbursement for recognized hurricane related expenditures. BACKGROUND: The City of Miami Beach, through the Department of Development, Design & Historic Preservation Services, has been responsible for coordination of FEMA reimbursement for Hurricane Andrew damages incurred to City property. The City has been reimbursed, to date, from Federal FEMA funds a net amount of $5,147,968. Another $266,916 is retained by the State of Florida until close out of the 500 - 1 - AGENDAITEM -R-1-G DATE (,-21-')5- COMM:ISS:ION MEMO June 21, 1995 program. The City's claimed total expenditures add up to $5,871,040 to date. Shortly after the hurricane, the State of Florida set up a Hurricane Andrew Recovery and Rebuilding Trust Fund to help cover expenditures of local governments for which FEMA reimbursement was not possible due to certain FEMA regulations. The City of Miami Beach identified $424,215 in expenditures of which $62,333 represents the cost to resurface damaged roads; $141,709 to extract the visible and hazardous steel groins, once an interlocal agreement between the City and Dade County is executed; $88,826 to replace pipe hangers along the Venetian Causeway; $52,030 to rebuild lifeguard stands; $3,200 for repairs done to the 14th Street rest-room; $14,191 for expenditures incurred for hurricane related items; $49,200 for the repairing of Old City Hall and $14,726 for administrative expenses. Through diligent efforts of State Representative Elaine Bloom, the city's funding request was authorized by the State legislature in the 1993 session. The State of Florida has been very slow to release this funding, and has required extensive documentation and justification. Upon execution of this grant agreement, the State will send the City a $99,000 advance, and then will reimburse the balance on a quarterly basis. The Resolution also requests that Assistant City Manager, Harry S. Mavrogenes, be designated as the signatory agent to expedite the reimbursement documentation. Mr. Mavrogenes has been designated the signatory for the FEMA funds and this action would be consistent with that previous action. A.NALYSIS It should be made clear that were it not for the extraordinary efforts of Representative Elaine Bloom on behalf of the City, this funding in the amount of $424,215 would not have been received. The receipt of this money, in addition to the $5,414,884 already received and in retainage will bring the City's authorized reimbursements to $5,839,099, to date, compared to our claimed expenditures of $5,871,040, to date, a recovery rate of 99%. -2- 501 COMMISSION MEMO June 21, 1995 The City is still pursuing claims for minor work not yet completed, but it is anticipated that the program will be closed out by the fall of this year. CONCLUSION The Commission should adopt the attached Resolution in order to claim this additional funding, and should recognize Representative Elaine Bloom for her work on our behalf. JGP: jph Attachment ~ -3- 5']2 MEMORANDUM OF AGREEMENT DCA AGREEMENT NO. 95EO-3M-11-23-02-077 HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND This Agreement is between the State of Florida, Department of Community Affairs (Administrator) and City of Miami Beach (Grantee). In support of the Agreement the parties state: V'JHEREAS, Hurricane Andrew produced disastrous weather conditions which had a devastating impact upon South Florida; and WHEREAS, the high gust winds and the storm surge of Hurricane Andrew caused the deterioration of the pipe hangers along the Venetian Causeway, the destruction of lifeguard stands and damage to the Old City Hall; and WHEREAS, eroding of the shoreline resulted in the exposure of steel groins which poses a threat to swimmers; and WHEREAS, constant movement of dump trucks and heavy equipment has caused damages to the roads leading to temporary trash sites; and WHEREAS, the Florida Legislature has enacted Chapter 94-357, Laws of Florida, relating to increased sales tax revenues from Hurricane Andrew recovery to be made available to local governments and non-profit organizations within the specified countie~ for operating and capital costs and revenue losses which are directly associated with the relief, recovery or rebuilding resulting from Hurricane Andrew; and NOW THEREFORE, the parties agree as follows: 1 TERM AND EXTENSIONS: 1.1 Term: This Agreement shall take effect upon execution by both parties, and shall terminate upon successful completion of all items described in paragraph 3 or May 31, 1996, whichever shall earlier occur. Termin~tion shall not preclude the requirement for closeout, final accounting and repayment adjustments, submission and acceptance of the audit, and required records maintenance. 1.2 Extension: This Agreement may be extended in accordance with section 287.058, Florida Statutes. Any extension of this Agreement shall be in writing, and shall be subject to the same terms and conditions set forth in this Ag reement. 1.3 Denial: If any extension is denied, the Grantee may be reimbursed for eligible project costs incurred up to the latest approved completion date. However, failure to complete the project may, nonetheless, result in the denial of funding and the recovery of funds for that project. 2 FUNDING: The Hurricane Andrew Recovery and Rebuilding Trust Fund <":I.A.R.R.T.F.) is financed monthly from sales tax receipts; periodic payments to the Grantee from the Trust Fund shall only be made on an "as available" basis. The Administrator is authorized by Chapter 94-357, Laws of Florida to use up to 1 % of each appropriation for administrative costs. Subject to the availability of funds, the Administrator shall provide funds to the Grantee in an amount not to Page 2 exceed $424,215 for eligible expenditures authorized by Chapter 94-357, Laws of Florida. All such funds that are unobligated at the termination of this Agreement shall be returned to the Administrator. 2.1 Interest-Bearing Account: All such funds received pursuant to this Agreement, shall be maintained in an interest bearing account with a separate account number. All interest earned shall be reported and retur!"ed to the Administrator at least quarterly. 2.2 Future Funding: Execution of this Agreement does not imply any future funding. Any projects undertaken with this grant which may require additional or continued funding must rely on other resources for that additional or continued funding. 3 SCOPE OF WORK: The Grantee shall perform and render as an independent entity and not as an agent, representative, or employee of the Administrator all of the activities described herein in a proper and satisfactory manner as determined by the Administrator. Under the terms of this Agreement, the Grantee sha~1 undertake the following: repair and resurface roads leading to temporary trash sites throughout the City; extract steel groins along the Miami Beach shoreline (subject to the conditions set forth in section 3.1 below); repair and replace the Venetian Causeway pipe hangers; repair the uninsured damages to the Old City Hall; to enhance standard lifeguard stands in the Art Deco District to meet the current City ordinance; and reimburse the Grantee for repairs completed on Page 3 the 14th street restroom roof and the replacement of hurricane related items. The project costs are enumerated in paragraph 3.3. 3.1 Interlocal Agreement: Grantee shall enter into an inter10cal agreement with Dade County to extract steel groins along the shoreline before any funds are released for groin extraction. The terms and conditions of the Interlocal Agreement shall be negotiated by the parties involved. . 3.2 Incorporation by Reference: The above-mentioned Scope of Work is described in the application submitted by the Grantee dated August 15, 1994, and its revised form submitted on May 30, 1995, which is incorporated by reference into this Agreement. 3.3 Budget Schedule: The Trust Funds shall be expended in accordance with the following budget schedule: Projects Projected Costs HARRTF FUNDS Re-surface Roads $ 62,333 Extract Steel Groins $- 141,709 Replace Hangers on Venetian Causeway $ 86,826 Rebuild Lifeguard Stands $ 52,030 Repair 14th Street Restroom $ 3,200 Replace Hurricane Related Items $ 14,191 Repair Old City Hall $ 49,200 Administrative Expenses $ 14,726 TOTAL $ 424,215 Page 4 3.4 Budgetary Shifts: With the prior written approval of the Administrator, the Grantee may make budgetary shifts between the budget items, so long as no budget item is increased or decreased by an amount greater than ten percent (10%) of the amount of the item as set forth in paragraph 3.2, above. A Request for Prior Approval shall include a brief narrative explaining the need for the requested budget shift and a copy of page 3 of 3 of Attachment 8 of this Agreement indicating Current Projected Costs and Percent of Change. Budgetary shifts exceeding this ten percent cap will require an Agreement Modification as provided for in paragraph 18 of this Agreement. Once a Modification is approved by the Administrator, the revised amounts shall replace the Original Projected Costs for the purposes of further budget shifts. However, in no case, shall Administrative costs exceed the amounts authorized by the Administrator in the Application Guidelines. 4 LIABILITY: The Grantee shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement. 5 PAYMENTS: The Administrator shall pay to the Grantee an amount not to exceed $424,215 subject to the availability of funds and compliance with the terms and conditions of this Agreement. Payments shall be made on a quarterly basis, after an initial advance of 25 percent. Such advance may be paid upon execution of this Agreement, receipt of a properly certified Request for Advance (Attachment A) and a project timeline identifying major milestones and dates for Page 5 their accomplishment. Successive quarterly payments shall be made on a reimbursement basis upon receipt by the Administrator of the Grantee's properly certified Quarterly Report and Request for Payment (Attachment B). Requests for Payment shall be accompanied by a check for any interest which has accrued during the quarter as required in paragraph 2.1 above. The first Quarterly Report is through September 30, 1995. 5.1 Retainage: The Administrator shall withhold from the advance and each quarterly payment an amount equal to ten percent (10%) of the amount of the payment, which shall be remitted to the Grantee upon successful completion of the closeout procedures described in paragraph 12 of this Agreement. 6 DUPLICATION OF BENEFITS PROHIBITION: The funds provided through this Agreement are not available to supplant or duplicate funds available under the Stafford Act, other federal or state law, insurance or any other public or private source. Receiving funding from the Hurricane Andrew Recovery and Rebuilding Trust Fund may jeopardize recovery of funds under the Stafford Act, even. though the intent is to return the Trust Fund money. 6.1 Duplication Accountability: The Grantee shall be accountable to the Administrator for any duplication of benefits received by the Grantee from other sources. The Grantee shall immediately identify and remit to the Administrator any benefit payment received by the Grantee, which was issued to the Grantee for the same purposes for which the Grantee has received payment from the Administrator. Execution of this Agreement constitutes Grantee's certification Page 6 that the funds to be obtained under this Agreement will not duplicate any federal, state, insurance, public or private funds available to the Grantee for the same p~rposes as the funding received under this Agreement. The Administrator may assist the Grantee in this determination. 7 ANNUAL APPROPRIATION REQUIRED: The State ~f Florida's performance and obligation to pay under this Agreement is contingent upon appropriation by the Legislature, or an approved budget amendment pursuant to Chapter 216, Florida Statutes. 8 DOCUMENTATION: The Grantee shall create and maintain all appropriate backup documentation of work performed and costs incurred with respect to the work performed in accordance with the Scope of Work in paragraph 3 of this Agreement. Such backup documentation shall include but not be limited to: invoices, cancelled checks, daily activity reports, payroll records, timesheets, executed contracts, receipts, purchase orders, billing statements, etc., and. shall be sufficient to demonstrate that reported costs were incurred in the performance of eligible work identified and approved in this Agreement and the Grantee's application. Invoices for fees or other services or expenses must be available in detail sufficient for a proper pre and post audit thereof. The Administrator may review the documentation to ensure that the funds were expended in accordance with tne need identified and approved. Costs of any work not performed within the terms of the approved Agreement shall not be eligible for funding. Page 7 9 RECORDS MAINTENANCE: The Grantee agrees to maintain all records pertaining to the funds received under this Agreement until the final audit has been completed and any action or resolution of outstanding issues has been completed. In no event shall such records be maintained for a period of less than (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 Florida, the Administrator, and their employees and agents. 10 REPORTS: 10.1 Quarterly Reports: The Grantee shall provide detailed Quarterly Reports to the Administrator, using the forms attached hereto as Attachment B. The Quarterly Report shall include a Narrative and Financial Report including a breakdown of Project Expenses, and may include a Request for Payment. In addition, the Quarterly Report shall include a certification that the Quarterly Report and Request for Payment are true and correct and that the use of funds is in . compliance with the provisions of this Agreement. The Quarterly Reports shall also include any other reports or information which may be required by the Administrator. 10.2 Additional Reports: The Administrator may require additional reports or information as needed. The Grantee shall, as soon as possible, provide any additional reports or information requested by the Administrator. Reports may include pertinent information concerning the receipt of any and all other federal Page 8 or private funding or insurance proceeds which may duplicate funds provided under this Agreement, and the status of all applications or requests for such other funding. The Grantee shall immediately report to the Administrator the receipt of any funding which duplicates funding requested or provided pursuant to this Agreement. 11 CONTRACTS WITH OTHERS: If a Grantee contracts with any other entity (hereinafter "Contractor") for performance of any of the work required under this Agreement, the Grantee agrees to include in the contract that the Contractor is bound by the terms and conditions of this Agreement, and to provide the Contractor with a copy of this Agreement. The Grantee further agrees to require in the contract that the Contractor shall hold and save the State of Florida harmless against all liability or claims of whatever nature, and shall indemnify the State of Florida and hold it harmless against any and all claims arising from work performed, or for which reimbursement will be requested, pursuant to this Agreement. 11.1 Contractor List: The Grantee shall provide the Administrator with a list of contracts for all authorized work as soon as practicable after the execution of this Agreement or the execution of the contract. To the extent that the Grantee has outstanding, uncompleted contracts for work for which reimbursement will be requested under this Agreement, the Grantee agrees to use its best efforts to modify said contracts in accordance with this paragraph. Page 9 12 CLOSEOUT: A final c1ose-out report shall be submitted to the Administrator within sixty (60) days of completion of the project or the termination date of this Agreement, whichever occurs first. Closeout shall include a final certification by the Grantee that there was no duplication of funds as described in paragraph 6, and that all financial calculations and any other financial actions covered by this Agreement were in compliance with the provisions of this Agreement. The Administrator may conduct periodic on-site monitoring visits of this project, and may elect to conduct a final inspection as a part of the closeout procedure. Such ir,spection may include a review of bid and related documents, a review of all purchase orders, invoices, timesheets and related documentation, a review of all subcontracts and a review of project implementation. The Administrator shall forward to the Grantee any forms which may be required for closeout of this grant. 12.1 Disallowed Payments: Closure of this grant is based in part on representations of the Grantee contained in the required Quarterly Reports. Closure of this grant shall not preclude the Administrator from recovering . disallowed payments or expenditures resulting from the findings of an ~udit or other review conducted by the Administrator. 13 AUDIT: The Grantee shall perform and submit a copy of an audit performed in accordance with sections 11.45 and 216.349, Florida Statutes, within twelve months of the end of the Grantee's fiscal year. Such audit shall also comply with the requirements of section 10.550 and 10.600, Rules of the Auditor General. Page 10 The audit shall include all management letters and the Grantee's response to all findings, including corrective actions taken and a schedule of all revenue obtained under this Agreement. 13.1 Address: The complete audit shall be sent directly to: Department of Community Affairs Office of Audit Services 2740 Centerview Drive Tallahassee, Florida 32399-2100 13.2 Additional Audits: The Administrator may require the Grantee to undertake 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 Grantee's internal controls, fiscal data and management systems established to safeguard the Grantee's assets and to ensure compliance with this Agreement. 14 RECOVERY OF FUNDS: If the audit or the final inspection determines that payments made under this Agreement were not obtained in accordance with the Agreement or section 94-357, Laws of Florida, or that payments exceeded the amount of actual reimbursement costs, the Grantee shall, within forty-five (45) days of receipt of notice from the Administrator, repay the amount determined to be ineligible for funding. If such funds are not returned to the Administrator within forty-five (45) days, the Grantee authorizes the Comptroller to offset any future disbursements due from any other source until the improperly expended Page 11 funds are fully reimbursed. The Administrator or the Attorney General's Office may initiate any other legal action to recover such funds. 15 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS: The Grantee agrees to be bound by Chapter 94.357, Laws of Florida and to implement and complete the program described in the Agreement in ac~ordance with all applicable state and local statutes, regulations, plans and policies. All funds expended under this Agreement for any land use or development activity engaged in or authorized by the Grantee shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. The Grantee shall also be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health and Rehabilitative Services, and any local environmental or land use permitting authority, where required. 16 LOBBYING: Pursuant to section 216.347, Florida Statutes, the Grantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. Page 12 17 PUBLIC RECORDS: The Administrator reserves the right to unilaterally cancel this Agreement for refusal by the Grantee to allow public access to all documents, papers, letters or other material made or received by the Grantee in conjunction with this Agreement and subject to the provisions of Chapter 119, Florida Statutes. It is expressly understood that evidence of the Grantee's or its Contractors' refusal to comply with this provision shall C9nstitute a breach of contract and constitute grounds for termination. 18 MODIFICATION: Either party may request modifications to this Agreement. Such modifications must be proposed in writing and become effective only upon execution by both parties. 19 TERMINATION: In the event this Agreement is terminated, the Grantee shall be reimbursed in the amount proportional to the work satisfactorily accomplished on the effective date of termination. 19.1 Mutual Termination: This Agreement may be terminated by the written mvtual consent of the parties. 19.2 Termination for Cause: The Administrator may terminate this Agreement for breach by the Grantee upon such notice as is reasonable under the circumstances. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 19.3 Termination Due to Lack of Funds: In the event funds to finance this Agreement become unavailable, the Administrator may terminate this contract Page 13 with such written notice as is reasonable under the circumstances. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Administrator shall be the final authority as to the availability of funds. 20 NONCOMPLIANCE: If the Grantee violates any of the ~onditions of this Agreement or applicable state or local law, funding shall be withheld until such violation has been corrected, or the Administrator may take any other action that is legally available. 21 NOTICE AND CONTACT: All notices and reports delivered pursuant to this Agreement shall be in writing, delivered either by hand delivery, commercial carrier or U. S. Mail to the representative and address below: James T. Zimmerman Planning Manager Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 FOR THE GRANTEE: ;f~ y S". mHv'M t;&vC7~ /}$/SrANI . or" /?1~A-C?'< j)Gj/eztVh1~~ iJe:f/(dV fi #JTIJ(/(. ~~ /7()() CA",,(/~/,p~ ~ th /?J/~/11?' ~HkA . Fe.. $31)] FOR THE ADMINISTRATOR: Page 14 22 LEGAL AUTHORIZATION: The Grantee certifies with respect to this Agreement that it possesses the legal authority to receive Hurricane Andrew Recovery and Rebuilding Trust Funds. IN WITNESS WHEREOF, the parties have caused this Memorandum of Agreement No. 95EO-3M-11-23-02-077 to be executed by the!r duly authorized representatives. GRANTEE: City BY: f . ~'-' \ ~ '\S- .' ". -'!II; ADMIN 1ST By: OR: State of Florida, Department of Community Affairs Name and Title: Linda Loomis Shelley. Secretary Date: Date Page 15 ~ GRANTEE: City of Miami Beach AGREEMENT NUMBER: 95EO-3M-11-23-02-077 PROJECT: Miami Beach Hurricane Recovery Program AMOUNT a. Advance (25% of Grant Amount) b. Less 10% Retention $106.054 $ 10.605 c. Net Payment (a-b) $ 95.449 CERTIFICATION: I hereby certify that I am authorized to sign financial reports, that this report and payment request is in compliance with Agreement No. 95EO-3M-11-23- 02-077, and that the information provided herein is true and correct to the best of my knowledge and belief. Signature: Date: Name: Title: APPROV AL: (For Official Use Only) Approved for payment: $ By: Page 1 of 1 ATTACHMENT B HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND Quarterly Status Report and Request for Payment GRANTEE: City of Miami Beach AGREEMENT NUMBER: 95EO-3M-11-23-02-077 PROJECT NAME: Miami Beach Hurricane Recovery Program QUARTERLY PERIOD COVERED: To NARRATIVE: Attach as a separate page. Provide a brief summation of project status, including specific project activities and accomplishments compared to major milestones. FINANCIAL REPORT & REQUEST FOR PAYMENT: Please complete and submit this page and the following two pages (2 of 3 and 3 of 3). You may supplement this report with any additional supporting materials you feel are pertinent. Prepare a separate set of pages for each project, where applicable. Trust Fund Cash Received Date Amount Date Amount Date Amount . Grant Allocation: $424.215 Total Received: Balance: Amount of Interest Earned: Interest Returned: Page 1 of 3 Quarterly Status Repor\ and Request for Payment. MOA No. 95EO-3M-11-23-02-077 Quarter: Attachment B Continued to EJNANCIAL REPORT Grantee: Project: City of Miami Beach Miami Beach Hurricane Recovery Program THIS QUARTER YEAR TO DATE a. H.A.R.R.T.F. Program Expenses (from Page 3 of 3) b. Reimbursement by Others c. Unreimbursed Balance (a-b) d. Less 10% Retention e. Net Balance (c-d) f. Trust Funds Paid to Date (including advance) g. Payment Request (e-f) h. Advance i. Net Payment (g+h) CERTIFICATION: I hereby certify that I am authorized to sign financial reports, that this report and payment request is in compliance with Agreement No. 95EO-3M- 11-23-02-077, and that the information provided herein is true and correct to the best of my knowledge and belief. Signature: Date: Name: Title: APPROVAL: (For Official Use Only) Approved for payment: $ By: Page 2 of 3 '0 . ::s e .. e o o al - e CD E .c u ~ c(s .; e . E .. ~.. tU! D.tU .. ::s .20 - .,. CD ::s a CD.... 0::.... 'OC? eN tUC? 1!~ o · a.~ 4D~ O::::E cnf'/ .aO J!W (1)&0 en ~ . 't:O ~z Cle( ::sO O::E (J) E f tn o ... 0- ~ CI) > o u CI) 0:: !! .c5 u.- tU t: CI) ::s al:I: .- .c E u tU tU .- CI) :Eal tt- 0'- ~~ O:E . . (1)_ S u e.!. tU 0 ... ... C)O- w u..C) OZ ~< · :x: UJ 0 W C) C Z I- w. e( ZI-en :I: wo.... 0 0:: wen 0::"'0 I- ::>00 W 00:: C) D. 0 , :J C"') en CD 0 0 .... 0 CD It) al I-en C"') 0 N C"') 0 en 0 N .... 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