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2004-293
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2004-293
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Last modified
10/3/2016 10:04:08 AM
Creation date
9/30/2015 8:26:24 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/23/2004
Control Number
2004-293
Agenda Item Number
11.B.1
Entity Name
Florida Department of Community Affairs
Subject
Disaster Relief Funding Agreement Hurricane Jeanne
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4739
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ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by <br /> the FEMA- State Agreement and all applicable state and federal legal requirements including, without any limitation <br /> on the generality of the foregoing, the requirements of 44 C .F.R. Parts 13 and 206, and the policies of the Federal <br /> Emergency Management Agency . <br /> ARTICLE III. Fundina and Insurance. Grantee shall provide funds to the Subgrantee for eligible <br /> activities for the projects approved by the Grantee and the Federal Emergency Management Agency , as specified in <br /> the approved Project Worksheets. Allowable costs shall be determined as per 44 C .F.R. Parts 13 and 206, which shall <br /> be ninety (90) percent of all eligible costs. <br /> A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative <br /> funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets <br /> may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project <br /> Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be ninety (90) <br /> percent of all eligible costs, unless a higher percentage is approved . Contingent upon an appropriation by the Florida <br /> Legislature, the Grantee may provide some portion of any nonfederal share for local government. Subgrantees. As a <br /> condition of receipt of the federal funding; the Subgrantee agrees to provide any nonfederal share not paid by the <br /> Grantee. <br /> B . As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold <br /> funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal <br /> Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant <br /> to this Agreement or any other funding agreement administered by Grantee. <br /> C . As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance <br /> sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded <br /> under this Agreement where insurance is available and reasonable . Subgrantee shall provide Grantee with a certificate <br /> of such insurance as a condition to funding under this Agreement. <br /> ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this <br /> Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under <br /> this Agreement. <br /> A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the <br /> applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. <br /> Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other <br /> source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment <br /> from Grantee, to the extent of any such duplication. <br /> B . In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its <br /> execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial <br /> Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from <br /> any other funds otherwise due and owing to Subgrantee. <br /> ARTICLE V. Compliance with Environmental, Plannina and Permittin¢ Laws. Subgrantee shall be <br /> responsible for the implementation and completion of the approved projects described in the Project Worksheets in a <br /> manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any <br /> project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with <br /> the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order <br /> complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent <br /> engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure <br /> that the project complies with the contract documents. <br /> ARTICLE VI. Reguired Documentation, Reviews, and Inspections. Subgrantee shall create and <br /> 2 <br />
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