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:
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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
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