Item C23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 18, 2006
Division:
Emergency Services
Bulk Item: Yes --.2L.
No
Department Emergency Management
Staff Contact Person: Jose Tezanos
AGENDA ITEM WORDING: Approval of an agreement with the Florida Department of Community
Affairs concerning an Emergency Management Base Grant (Contract # 07BG-04-11-54-0l) in the
amount of$105,806.00; and authoJization for the County Administrator to execute any other required
documentation in relation to the application process.
ITEM BACKGROUND: This is an annual Grant Agreement between Florida Department of
Community Affairs and Monroe County. The Grant is intended to enhance County Emergency
Management plans and programs that are consistent with the State Comprehensive Emergency
Management Plan and Program.
PREVIOUS RELEVANT BOCC ACTION: This grant has been approved each year since 1994.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Senior staff has reviewed and recommends approval.
TOTAL COST:
.00
BUDGETED: Yes
No---.X
COST TO COUNTY:
.00
SOURCE OF FUNDS: Grant
REVENUE PRODUCING: Yes l No
AMOUNT PER MONTH_ Year 105,806.00
APPROVED BY: Cotmty Atty ~ OMB/Purchasing ~
Risk Management2;;
DOCUMENT A TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
L(~7
MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY
Meeting Date: October 18. 2006
Division:Emergency Services
Bulk Item: Yes
No X
Department:Emergency Management
Staff Contact Person: Jose T ezanos
AGENDA ITEM WORDING: Approval of an agreement with the Florida Department of Community
Affairs concerning an Emergency Management Base Grant (Contract # 07BG.04-11-54-01) in the amount of
$105,806.00; and authorization for the County Administrator to execute any other required documentation in
relation to the application process.
ITEM BACKGROUND: This is an annual Grant Agreement between Florida Department of Community
Affairs and Monroe County. The Grant is intended to enhance County Emergency Management plans and
programs that are consistent with the State Comprehensive Emergency Management Plan and Program.
PREVIOUS RELEVANT BOCC ACTION: This grant has been approved each year since 1994.
CONTRACT/AGREE:MENT CHANGES: N I A
STAFF RECOMMENDATIONS: OUf Department Head has reviewed the agreement and requests
your approval.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMlMARY
Contract with: Dept.of Comm.Affairs Contract #07BG 04-11-54-01
Effective Date: October 1, 2006
Expiration Date: September 30,2007
Contract Purpose/Description:
This is the annual EMPA Base Grant. It funds a significant portion of the Office of
Emergency Management in Monroe County. The Emergency Management Administrator and
Planner are funded bv this Grant.
.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext.) (Department/Stop if)
for BOCC meeting on October 18, Agenda Deadline: October 3, 2006
2006
CONTRACT COSTS
Total Dollar Value of Contract: $ 105,806.00
Budgeted? YesO No ~ Account Codes:
Grant: $ 105,806.00
County Match: $ 0
Current Year Portion: $ 105,806.00
- - - -
- ............... .........-...- - -
- - - -
_...............---
- - - -
- ---------+ ------ - -
- - - -
---------
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitoriaI, salaries, etc.)
CONTRACT REVIEW
Changes " Date Out
Date In Needed Reviewer ."
Division Director ~ YesD NoD
Risk Management - YesD NoD
O.M.B./Purchasing - YesDNoD ~
/lJ/3/0ft, m/..irh eo-
County Attorney YesDNog--7/~ It} 2::: -_
,
Comments:
OMB Form ReVlsed 2/27/01 MCP #2
171 l
900l-BO-O ~ w d 6B BOBO
11\1 AlNnOJ 30tlNOV'J
9~SB16lS0B
Agreement Number: 07BG-04-11-54-01-_
CSFA Number: 52008
CFDA Number: 97.042
STATE AND FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of
Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Division"), and MONROE COUNTY, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive
these grant funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida,
and has the authority to subgrant these funds to the Recipient upon the terms and conditions
hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the
funds under this Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget,
Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement.
(2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment C.
(3) PERIOD OF AGREEMENT
This Agreement shall begin October 1,2006 and shall end September 30,2007 unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
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(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes,
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each
of the parties hereto, and attached to the original of this Agreement. Notwithstanding the
foregoing, any budget changes which do not increase the overall cost of the project or change the
Scope of Work do not require a written modification to this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be
subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local
Governments" (53 Federal Register 8034) or OMB Circular No. A-I 10, "Grants and Agreements
with mstitutions of High Education, Hospitals, and Other Nonprofit Organizations," and either
OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No.
A-2I, "Cost Principles for Educational Institutions," or OMB Circular No. A-I22, "Cost Principles
for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit)
organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition
Regulations 31.2 and 931.2
(b) The Recipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement, and the compliance of all subcontractors or consultants to be
paid from funds provided under this Agreement, for a period of five years from the date the audit
report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor
General access to such records upon request. The Recipient shall ensure that audit working papers
are made available to the Division or its designee, Chief Financial Officer, or Auditor General
upon request for a period of five years from the date the audit report is issued, unless extended in
writing by the Division, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the
five year period and extends beyond the five year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued
at $5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five
years after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
supporting documentation of all program costs, in a form sufficient to determine compliance with
the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments
B and B-1, and all other applicable laws and regulations.
2
(d) The Recipient, its employees or agents, including all subcontractors or
consultants to be paid from funds provided under this Agreement, shall allow access to its records
at reasonable times to the Division, its employees, and agents. Reasonable shall be construed
according to the circumstances but ordinarily shall mean during normal business hours of 8:00
a.m. to 5:00 p.m., local time, on Monday through Friday. Agents shall include but not be limited
to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
For Federal Funds:
(a) The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for the receipt
and expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Division. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department of Community Affairs
and/ or the Division with the records, reports or financial statements upon request for the purposes
of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-B3, as revised, and in the event that the Recipient expends $500,000
or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific
audit conducted in accordance with the provisions of OMB Circular A-B3, as revised. EXHffiIT
1 to this Agreement indicates Federal resources awarded through the Division by this Agreement.
In determining the Federal awards expended in its fiscal year, the Recipient shall consider all
sources of Federal awards, including Federal resources received from the Division. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-B3, as revised. An audit of the Recipient conducted by the
Auditor General in accordance with the provisions of OMB Circular A-B3, as revised, will meet
the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C
of OMB Circular A-B3, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-B3, as revised, is not required.
3
In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit
must be paid from Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when
required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient
directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
aurilla. panish@dca.state.t1.us
and
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient
shall submit a copy of the repOlting package described in Section .320 (c), OMB Circular A-133,
as revised, and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
4
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
amilla.parrish@dca.state.fLus
and
Division of Emergency Management
Bureau of Compliance Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any repOlts, management letter, or other information required to be submitted
to the Department and the Division pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
(h) Recipients, when submitting financial reporting packages to the Department
and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, should indicate the date that the reporting package was delivered to the Recipient
in correspondence accompanying the reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient
shall be held liable for reimbursement to the Division of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty (30) days after the Division
has notified the Recipient of such non-compliance.
m The Recipient shall have all audits completed by an independent certified public
accountant (IP A) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the
applicable provisions noted above. The audit must be submitted to the Department and the
Division no later than seven (7) months from the end of the Recipient's fiscal year.
For State Funds:
(a) The Recipient agrees to maintain financial procedures and support documents,
in accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Division. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
5
(c) The Recipient shall also provide the Division with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded
under this Agreement.
(d) If the Recipient is a nonstate entity as defined by Section 215.97, Florida
Statutes, it shall comply with the following:
fu the event that the Recipient expends a total amount of State financial assistance equal to
or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State
single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Govemor and the Comptroller; and
Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance
awarded through the Division by this Agreement. In determining the State financial assistance
expended in its fiscal year, the Recipient shall consider all sources of State financial assistance,
including State funds received from the Division, other state agencies, and other nons tate entities.
State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the
Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a repOlting package as defined by Section 215.97(2)(d),
Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year,
an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. fu the event that the Recipient expends less than $500,000 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the nons tate entity's resources
(i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other
than State entities. Additional information on the Florida Single Audit Act may be found at the
following website: hup:/ /www.state.fl.us/fsaa/statutes.html.
(e) Report Submission
1. The armual financial audit report shall include all management letters
and the Recipient's response to all findings, including corrective actions to be taken.
2. The armual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
6
3. Copies of financial reporting packages required under this Paragraph 6 shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
An electronic copy shall also be submitted to the above office at the following address:
aurilla.panish @dca.state.fl.us.
and
Division of Emergency Management
Bureau of Compliance Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to
the Department and the Division pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-l33, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
5. Recipients, when submitting financial reporting packages to the
Department and the Division for audits done in accordance with OMB Circular A-l33 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was delivered to the
Recipient in correspondence accompanying the reporting package.
(1) In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of this Agreement, the
Recipient shall be held liable for reimbursement to the Division of all funds not spent in
accordance with these applicable regulations and Agreement provisions within thirty (30) days
after the Division has notified the Recipient of such non-compliance.
(g) The Recipient shall have all audits completed in accordance with
7
Section 215.97, Florida Statutes by an independent certified public accountant (IPA) who shall
either be a certified public accountant or a public accountant licensed under Chapter 473, Florida
Statutes. The IP A shall state that the audit complied with the applicable provisions noted above.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly
financial reports, and with a close-out report. Semi-annual and end of year reports shall include
the current status and progress by the Recipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to such other information as requested by the Division.
(b) Quarterly financial reports are due to be received by the Division no later
than 30 days after the end of each quarter of the program year and shall continue to be submitted
each quarter until submission of the administrative close-out report. The ending dates for each
quarter of the program year are December 31,. March 31, June 30 and September 30.
(c) The close-out report is due 45 days after termination of this Agreement or
upon completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the
Division or are not completed in a manner acceptable to the Division, the Division may
withhold further payments until they are completed or may take such other action as set
forth in Paragraph (11) REl\1EDIES. tI Acceptable to the Division II means that the work
product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide such additional program updates or information as
may be required by the Division.
(f) The Recipient shall provide additional reports and information as identified in
Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this
Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished
within the specified time periods, and other performance goals stated in this Agreement are
achieved. Such review shall be made for each function or activity set forth in Attachment B and
B-1 to this Agreement, and reported in the semi-annual and end of year progress reports.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised and Section 215.97, Florida Statutes (see Paragraph (6) AUDIT REQUIREMENTS,
8
above ), monitoring procedures may include, but not be limited to, on-site visits by Division staff,
limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures. By
entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division
determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division to the Recipient regarding such
audit. The Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Comptroller or Auditor General. In addition,
the Division will monitor the performance and financial management by the Recipient throughout
the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section
768.28, Florida Statutes, the Recipient shall be solely responsible to parties with whom it shall
deal in canying out the terms of this agreement, and shall hold the Division harmless against all
claims of whatever nature by third parties arising out of the performance of work under this
agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of
the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28
Florida Statutes, for its negligent acts or omissions or tortious acts which result in claims or suits
against the Department, 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
Recipient 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 any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the
part of the Division to make any further payment of funds hereunder shall, if the Division so
elects, terminate and the Division may, at its option, exercise any of its remedies set forth in
Paragraph (11), but the Division may make any payments or parts of payments after the happening
of any Events of Default without thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
(a) If any wananty or representation made by the Recipient in this Agreement
or any previous Agreement with the Division shall at any time be false or misleading in any
respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or
covenants contained in this Agreement or any previous agreement with the Division and has not
cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder;
9
(b) If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said
material adverse change within thirty (30) days from the time the date written notice is sent by the
Division.
(c) If any reports required by this Agreement have not been submitted to the
Division or have been submitted with inconect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of
its obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Division may, at its option,
upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure
to cure within said thirty (30) day period, exercise anyone or more of the following remedies,
either concunently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least
thirty (30) days prior written notice of such termination. The notice shall be effective when placed
in the United States mail, first class mail, postage prepaid, by registered or certified mail-return
receipt requested, to the address set forth in paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
(c) Withhold or suspend payment of all or any pmt of a request for payment;
(d) Exercise any conective or remedial actions, to include but not be limited to:
1. requesting additional infOlmation from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or
4. requiring the Recipient to reimburse the Division for the amount of
costs incurred for any items determined to be ineligible;
10
(e) Require that the Recipient return to the Division any funds which were used
for ineligible purposes under the program laws, rules and regulations governing the use of funds
under this program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division
from pursuing any other remedies contained herein or otherwise provided at law or in equity. No
waiver by the Division of any right or remedy granted hereunder or failure to insist on strict
performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy
of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the
Division for any further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of
funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in
a timely manner; and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
(b) The Division may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing the Recipient with thirty (30)
calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
as evidenced by written amendment of this Agreement. The amendment shall establish the
effective date of the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the
notification of termination. The Recipient will cancel as many outstanding obligations as possible.
Costs incurred after the date of receipt of notice of the termination will be disallowed.
Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue
of any breach of Agreementby the Recipient. The Division may, to the extent authorized by law,
withhold any payments to the Recipient for purpose of set-off until such time as the exact amount
of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in
11
writing, either by hand delivery, or first class, certified mail, retUl11 receipt requested, to the
representative identified below at the address set forth below and said notification attached to the
original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak. Boulevard
Tallahassee, FL 32399-2100
Telephone: (850) 410-1271
Fax: (850) 488-7842
Email: carolyn.washington@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
:Lt2r;,VE fOlJG t<.! D,.~. t;=M~Mo/ f{l G"r[
4Qo b3 ~ sr~"-~T OCG,4~
SuiTlC. #- t ~
VV1A~THo.v FL .33>050
,
Telephone: :?Jot:{ - 2CCQ - (00105
Fax: ..905-'2Sct ~,,~~
Email:---ro A.I ~.e.-- 't"lU t..X. dL (YlDtJRtJ~Cnu"'Jry ~ FL. G<Jv'
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement. a
copy of the executed subcontract must be forwarded to the Division for review within ten
(10) days of execution. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (iii) the subcontractor sh~1I hold
the Division and Recipient harmless against all claims of whatever nature arising out of the
subcontractorts performance of work under this Agreement, to the extent allowed and
required by law. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the semi- annual and end of year progress reports
submitted by the Recipient.
12
For each subcontract, the Recipient shall provide a written statement to the Division
as to whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments
Exhibit 1 - Funding Sources
Attachment A - Budget
Attachment B and B-1 - Scope of Work
Attachment C - Program Statutes, Regulations, and Program Requirements
Attachment D - Reports
Attachment E - Justification of Advance
Attachment F - Warranties and Representations
Attachment G - Certification Regarding Debarment
Attachment H - Statement of Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
for costs incuned in the satisfactory performance of work hereunder in an amount not to exceed
$102,959 subject to the availability of funds.
(b) By its execution of this Agreement, the Recipient authorizes the Division to
pay on its behalf $2,847 for the recurring charges for the satellite communications service from the
total allocation provided to Recipient of $105,806.
(c) Any advance payment under this Agreement is subject to Section
216.181(16), Florida Statutes, and is contingent upon the Recipient's acceptance of the rights of
the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced
may not exceed the expected cash needs of the Recipient within the first three (3) months of the
contract term. For a federally funded contract, any advance payment is also subject to federal
OMB Circulars A-87, A-IIO, A-122 and the Cash Management Improvement Act of 1990. If an
13
advance payment is requested, the budget data on which the request is based and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds.
1.
2.
'f<
No advance payment is requested.
An advance payment of $
is requested.
(d) After the initial advance, if any, payment shall be made on a quarterly
reimbursement basis. Additional reimbursement requests in excess of those made quarterly may
be approved by the Division for exceptional circumstances. An explanation of the exceptional
circumstances must accompany the request for reimbursement. The Recipient agrees to expend
funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachment Band
B-1 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the State Legislature, the Office of the Chief Financial Officer, State Office of
Management and Budgeting or the Federal Office of Management and Budgeting, all obligations
on the part of the Division to make any further payment of funds hereunder shall terminate, and
the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the
Division.
The amount of funds available pursuant to this rule chapter may be adjusted proportionally
when necessary to meet any matching requirements imposed as a condition of receiving federal
disaster relief assistance or planning funds.
Any requests received after November 1, 2007, may, in the discretion of the Division t, not
be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile
transmission.
Changes to the amount of funding to be provided may be accomplished by notice from the
Division to the Recipient, in the form of certified mail, return receipt requested. The Division may
make an award of additional funds by subsequent A ward Letter certified mail, return receipt
requested. These additional funds may be accepted by the Emergency Management Director or the
Recipient's contact identified in Paragraph (13), above if authorized. Should the Recipient
determine it does not wish to accept the award of additional funds, then the Recipient shall provide
notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise,
the Recipient shall provide to the Division its written notice of acceptance within forty-five (45)
days of receipt of the A ward Letter. The terms of this Agreement shall be considered to have been
modified to include the additional funds upon the Division's receipt of the written notice of
acceptance and receipt of a budget form which details the proposed expenditure of the additional
funds. The budget form will be provided by the Division when the offer of additional funds is
made.
14
All funds received hereunder shall be placed in an interest-bearing account with a separate
account code identifier for tracking all deposits, expenditures and interest eamed. Funds disbursed
to the Recipient by the Division that are not expended in implementing this program
shall be retumed to the Division, along with any interest eamed on all funds received under this
Agreement, within ninety (90) days of the expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Whenever required by law or
otherwise permitted, the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management
and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
At a minimum, the Recipient shall continue to provide other funding for the
Recipienfs Emergency Management Agency at an amount equal to either: (1) the average
of the previous three years' level of county general revenue funding of the Recipient's
Emergency Management Agency; or (2) the level of funding for the Recipienfs Emergency
Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011).
Recipienfs general revenue funding for 911 services, emergency medical services, law
enforcement, criminal justice, public works or other services outside the local emergency
management agency as defined by Section 252.38, Florida Statutes, shall not be included in
determining the "level of county funding of the Recipient's Emergency Management
Agency." The Recipient shall certify compliance with this rule chapter and this rule by its
execution of this Agreement, and as a condition precedent to receipt of funding.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for
dollar from non-federal funds.
Should the Recipient wish to carry forward into the fiscal year beginning October 1, 2007
any unspent funds awarded under this Agreement, the Recipient must request such carry forward
of funds in writing with accompanying documentation detailing the exceptional circumstances
requiring the need to the Division by June 30,2007. At the Division's discretion, an amount not
to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried
forward under this Agreement. Failure to timely submit information, or failure to submit complete
information, may result in the denial of a request to carry funds forward. Any carry forward
amounts approved will be added to the Recipient's base Agreement for the following year. Funds
may not be carried forward for the purpose of paying salaries and benefits of regular or Other
Personal Services personnel. Such salaries and benefit funds may be carried forward to cover
contractual or other temporary personnel costs for non-recurring projects only.
All payments relating to the Agreement shall be mailed to the following address:
15
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to
be made payable to the order of "Department of Community Affairs", and mailed directly to the
Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the
Department for collection, the Department must add to the amount of the check or draft a service
fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft,
whichever is greater.
(19) VENDORPAYMENTS
Pursuant to Section 215.422, Florida Statutes, the Division shall issue payments to
vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and
acceptance of goods and/or services provided in accordance with the terms and conditions of the
Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest
at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be
paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency
may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to Division request, or in any submission or
response to fulfill the requirements of this Agreement, and such information, representations, and
materials are incorporated by reference. The lack of accuracy thereof or any material changes
shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause
16
the termination of this Agreement and the release of the Division from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida,
and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the
terms of this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act
(Public Law 101-336,42 D.S.C. Section 12101 et seg.), if applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas of employment,
public accommodations, transportation, State and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of Category Two for a period of 36
months from the date of being placed on the convicted vendor list or on the discriminatory vendor
list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction orrepair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity,
and may not transact business with any public entity.
(h) With respect to any Recipient which is not a local government or state
agency, and which receives funds under this Agreement from the federal government, by signing
this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its
principals:
17
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transaction; violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in
paragraph 20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this
celtification, such Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile
transmission) the completed 'Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion' (Attachment G) for each prospective subcontractor which Recipient intends
to fund under this Agreement. Such form must be received by the Division prior to the Recipient
entering into a contract with any prospective subcontractor.
(i) The State of Florida's perlormance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Florida Statutes, or the Florida Constitution.
U) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(k) If otherwise allowed under this Agreement, all bills for any travel expenses
shall be submitted in accordance with Section 112.061, Florida Statutes.
(1) The Division reserves the right to unilaterally cancel this Agreement for
refusal by the Recipient 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 Recipient
in conjunction with this Agreement.
(m) If the Recipient is allowed to temporarily invest any advances of funds
under this Agreement, any interest income shall either be returned to the Department or be applied
18
against the Division's obligation to pay the contract amount.
(n) The State of Florida will not intentionally award publicly-funded contracts
to any contractor who knowingly employs unauthorized alien workers, constituting a violation of
the employment provisions contained in 8 D.S.Co Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the
Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds
for unilateral cancellation of this Agreement by the Division.
(0) The Recipient is subject to Florida's Government in the Sunshine Law
(Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or
the meetings of any subcommittee making recommendations to the governing board. All such
meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall
be public records, available to the public in accordance with Chapter 119, Fla. Stat.
(p) This Agreement may not be renewed or extended.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in
COlU1ection with this Agreement may be used directly or indirectly to influence legislation or any
other official action by the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the
best of his or her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
19
3. The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
(22) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE
STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing
patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent
or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a
result of work or services performed under this Agreement, or in any way connected herewith, the
Recipient shall refer the discovery or invention to the Division for a determination whether patent
protection will be sought in the name of the State of Florida. Any and all patent rights accruing
under or in connection with the pelformance of this Agreement are hereby reserved to the State of
Florida. In the event that any books, manuals, films, or other copyrightable material are produced,
the Recipient shall notify the Division. Any and all copyrights accruing under or in connection
with the performance under this Agreement are hereby transferred by the Recipient to the State of
Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual propelties relevant to the performance of this Agreement which he or she
knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights
and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose
will indicate that no such property exists. The Division shall then, under Paragraph (b), have the
right to all patents and copyrights which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION
20
The Recipient certifies with respecllo this Agreement that it possesses the
legal authority to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance of this
Agreement with all covenants and assurances contained herein. The Recipient also certifies that
the undersigned possesses the authority to legally t;xecute and bind Recipient to the terms of this
Agreement.
(24) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated
as Attachment H.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
RECIPIENT: MONROE COUNTY
BY;
Name and title:
Date:
FID# 5'9 - 6000.. 7+<1
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Name and Title: W. Craig Fugate. Director
Date:
MONROE COUNTY ATTORNEY
APPROVED ph FORM:
~k,~ (;;s:t.P
. ATILEENE w. CASSEL
ASSISTANT CO,%TY ATTORNEY
Dale /0 I~ 6
F .f
21
vi v
900(:'1;0'0 ~
ill d \:':(;vOI;O
H\I A1NOOJ 30~NOv-l
9~Sl;c6lS0\;
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program -0- (Federal funds will be awarded at a later date)
COlVlPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable at this time. Federal funds will be awarded at a later date within this contract
year.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number)
State Awarding Agency: Division of Emen!ency Management
Catalog of State Financial Assistance Title: Emergencv Management Programs
Catalog of State Financial Assistance Number: 52008
State Financial Assistance: $105,806 (less $2,847 for satellite service for 12 months)
COlVlPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida
Administrative Code.
22
Attachment A
Budget
The anticipated expenditures for the Categories listed below are for the Emergency
Management Preparedness and Assistance (KMP A) State portion of this subgrant only
(Paragraph (17)(a), FUNDING! CONSIDERATION). A separate budeet form for the
Emereencv Management Performance Grant (EMPG) portion of this subgrant will be
provided when federal funds are awarded by the Division
Category
Anticipated Expenditure Amount
Salaries/Fringe Benefits
$
10j 959
r
Other Personal Services
$
Expenses
$
Operating Capital Outlay
$
Fixed Capital Outlay
$
Total State Funds
(Page 14)
$
10d<, 9'!J9
r
23
Attachment B and B-1
Scope of Wort\.
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
intended to enhance county emergency management plans and programs that are consistent with
the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-
6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work
recognizes that each recipient is at a varying level of preparedness, and it is understood that each
county has a unique geography, faces unique threats and hazards, and serves a unique population.
In order to receive base grant funding, the Recipient must certify that it will use the award to
enhance its Emergency Management Program.
As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the
work items approved by the Division and attached hereto as Attachment B-1. Subsequent
revisions during the term of this Agreement shall done by written modification in accordance with
Paragraph (4) of this Agreement.
24
Attachment C
Program Statutes, Regulations, and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 9G-6, 9G-11, 9G-19 and 9G-20, Florida Administrative Code
3. Section 215.97, Florida Statutes
4. Chapter 287, Florida Statutes
5. Chapter 119, Florida Statutes
6. Chapter 112, Florida Statutes
7. OMB Circular A-87
8. OMB Circular A-133
9. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Recipient acknowledges the completed installation of a Hughes Network Systems,
Inc., Personal Earth Station and related equipment (hereinafter "the Equipment").
The Recipient acknowledges and agrees to comply with applicable terms and conditions of:
(1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed
between Hughes Network Systems, Inc. ("HNS"), and the Division, (a copy of which is
available from the Division) regarding the procurement and use of the Equipment; and (2)
the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida,
dated January 1995, (a copy of which is available from the Division) (hereinafter,
collectively, "the HNS Agreements") regarding the operation of an interactive satellite
communications service for the Division, the Recipient and other sites. In particular, the
Recipient agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and any
requests for repairs, service, maintenance or the like, shall be communicated directly
and exclusively to the Division's State Warning Point (SWP) (850)
413-9910.
B. That the Recipient will assist and comply with the instructions of the SWP and any
technical service representative responding to the report or service request.
25
Recipient's personnel shall cooperate with and assist service representatives, as
required, for installation, troubleshooting and fault isolation, with adequate staff.
C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the
Equipment, accessories, attachments and related items without the express written
approval of the Division.
D. That the Recipient shall provide access, subject to reasonable security restrictions,
to the Equipment and related areas and locations of the Recipient's facilities and
premises, and will arrange permitted access to areas of third-party facilities and
premises for the purpose of inspecting the Equipment and performing work related
to the Equipment. Service representatives and others performing said work shall
comply with the Recipient's reasonable rules and regulations for access, provided
the Division is promptly furnished with a copy after execution of this Agreement.
The Recipient shall provide safe access to the Equipment and will maintain the
environment where the Equipment is located in a safe and secure condition. The
Recipient shall provide service representatives with access to electrical power,
water and other utilities, as well as telephone access to the Recipient's facility as
required for efficient service.
E. That the Recipient shall take reasonable steps to secure the Equipment and to
protect the Equipment from damage, theft, loss and other hazards. This shall not
obligate the Recipient to procure insurance. The Division agrees to procure and
maintain all risks insurance coverage on the Equipment. The Recipient agrees to
refrain from using or dealing with the Equipment in any manner which is
inconsistent with the HNS Agreements, any policy of insurance referred to in the
HNS Agreements, and any applicable laws, codes ordinances or regulations. The
Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed
to deteriorate, except normal wear and tear resulting from its intended use. The
Recipient shall immediately report any damage, loss, trouble, service interruption,
accident or other problem related to the Equipment to the SWP, and shall comply
with reasonable instructions issued thereafter.
26
F. That any software supplied in connection with the use or installation of the
equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or
HNS's vendor(s) and/or the Division's vendor(s). The use of one copy of said
software is subject to a license granted from HNS to the Department, and a
sublicense from the Division to the Recipient, to use the software solely in the
operation of the Equipment, to commence on delivery of the software to the
Recipient and to last for the term of the HNS Agreements. The Recipient shall not:
(i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the
software, or (ii) create or attempt to create, or permit others to create or attempt to
create, by reverse engineering or otherwise, the source programs or any part thereof
from the object programs or from other information provided in connection with
the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer,
disclose, lease, or license the software to any third party.
G. To comply with these provisions until the termination of the HNS Agreements.
H. The amounts retained for the satellite service cover the initial order for services
provided to the Division pursuant to the services agreement between Hughes
Network Systems and the State of Florida. The charge does not cover maintenance,
repair, additional equipment and other services not part of the initial order for
services. The service charge covers only the remote corrective maintenance
specified in paragraph 4.3 of the Service Agreement with HNS and does not cover
other maintenance, repair, additional equipment and other services not part of the
initial order for services. In particular, the service charge does not cover:
1. Maintenance, repair, or replacement of parts damaged or lost through
catastrophe, accident, lightning, theft, misuse, fault or negligence of the
Recipient or causes external to the Equipment, such as, but not limited to,
failure of, or faulty, electrical power or air conditioning, operator error,
failure or malfunction of data communication Equipment not provided to
the Recipient by the Division under this Agreement, or from any cause other
than intended and ordinary use.
2. Changes, modifications, or alterations in or to the Equipment other than
approved upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the Equipment or any accessories,
attachments or other devices.
The Recipient shall be independently responsible for any and all charges not part of the initial
service order.
27
(2) NAWAS
In the event the Recipient desires to continue use of the National Warning System
(NA WAS) line, then the Recipient shall assume all operational and fiscal responsibility for the
NA WAS line and equipment in the County.
(3) VEHICLES
Written approval from the Director of the Division of Emergency Management must be
obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In
the absence of such approval, the Division has no obligation to honor such reimbursement request.
Any trade-in or resale funds received relating to any vehicle purchased under this sub grant is
program income and must be applied toward the Recipient's Emergency Management
Preparedness and Assistance (EMP A) Base Grant expenditures.
(4) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Wherever required by law or
otherwise permitted, the Recipient shall utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and
Budget Circular A-102 - Common Rule.
( c) Recipient agrees to use any equipment purchased under the terms of this Agreement
for the purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of
the Recipient. The disposition of equipment shall be made in accordance with the Recipient's
policies and procedures and applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 9G-6, 9G-ll, and 9G-19, Florida Administrative Code,
Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the
emergency management program and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management,
Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing
funds, nor will funds from one program under the Trust Fund be used to match funds received
from another program under the Trust Fund. The Recipient fUlther certifies that EMP A funds
28
shall not be expended for 911 services, emergency medical services, law enforcement, criminal
justice, fire service, public works or other services outside the emergency management
responsibilities assigned to the Recipient's Emergency Management Agency, unless such
expenditure enhances emergency management capabilities as expressly assigned in the local
Comprehensive Emergency Management Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement (SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain
a full-time Director consistent with Rule 9G-19.002(6), Florida Administrative Code.
6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or
partial County Emergency Operation Center activation at a level equivalent to a State Emergency
Operation Center level two (2) or above during the period of this Agreement, then the Recipient
shall, within forty-five (45) days following the conclusion of the activation, evaluate the
performance of all elements of the local emergency management program during that activation,
and provide a written after action report to the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational
information to educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and
other personnel only if the Recipient's Emergency Operation Center or field command office is in
an activated status and personnel receiving food/beverage are on duty at either of these locations.
Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State
of Emergency appropriately declared by local officials in response to an emergency event or threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of
any new or updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local
emergency management program provided in s.252.38, Florida Statutes.
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Attachment D
Reports
A. The Recipient shall provide the Division with quarterly financial reports, semi-annual
summary progress reports prepared in conjunction with the Division's Area Coordinator, and
a final close-out report, all in a format to be provided by the Division.
B. Quarterly Financial reports shall begin with the first quarter of the Recipient's fiscal year; are
due to the Division no later than thirty (30) days after the end of each quarter of the program
year; and shall continue to be subm itted each quarter until submission of the final close-out
report. The ending dates for each quarter of this program year are December 3 I, March 31,
June 30 and September 30.
C. The final close-out report is due forty-five (45) days after termination of this Agreement.
D. In addition to the above, in order to ensure compliance with Rule 9G-19.0 11, Florida
Administrative Code, historical budgetary information relating to the Recipient's Emergency
Management Program is also required. This information shall be developed based on
guidelines provided by the Department and shall be submitted to the Division not later than
December 31, 2005. The Historical Information form must be prepared and signed by an
official of the County's Finance Office.
E. In a format provided by the Division, a proposed staffing summary shall be submitted to the
Division not later than December 31, 2005.
F. If all required reports prescribed above are not provided to the Division or are not completed
in a manner acceptable to the Division, the Division may withhold further payments until they
are completed or may take such other action as set forth in Paragraphs (9), and Rule 9G-
19.014, Florida Administrative Code. "Acceptable to the Division 11 means that the work
product was completed in accordance with generally accepted principles, guidelines and
applicable law, and is consistent with the Scope of Work.
G. Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Division.
H. All report formats provided by the Division shall be made available to the Recipient on the
Division's Internet site and a hard copy will be mailed with a fully executed COPy of the
Agreement.
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Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
Recipient:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not
exceed the expected cash needs of the recipient within the initial three months.
: [ ] NO ADVANCE REQUESTED
I
,
'No advance payment is requested. Payment
:will be solely on a reimbursement basis. No
:additional information is required.
,
~------------------------------
I
I
I [ ] ADVANCE REQUESTED
I
I
I
I
I
I
,
I
I
I
:needed to pay staff, and purchase start-up supplies and equipment. We :
I would not be able to operate the program without this advance. I
I___________________________~_______________J
:Advance payment of $ is requested. Balance of
:payments will be made on a reimbursement basis. These funds are
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
DESCRIPTION
(A)
FFY 2004
(B)
FFY 2005
(C)
FFY 2006
(D)
Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES 1
3 AVERAGE PERCENT EXPENDED IN
FIRST THREE MONTHS
(Divide line 2 by line 1.)
1 First three months expenditures need only be provided for the years in which you requested an advance. If you do
not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell 03 EMP A A ward
(do not include match)
=
MAXIMUM ADVANCE
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REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ 1 Recipient has no previous EMPA contract history. Complete Estimated Expenses chart and Explanation of
Circumstances below.
[ J Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if
needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three
Months of Contract
Salaries/OPS
Program Expenses
TOTAL EXPENSES
Explanation of Circumstances
32
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, cun-ent and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately
safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate,
financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance
with the provisions of the applicable cost principles and the terms and conditions of this grant.
(6) Accounting records, including cost accounting records that are suppOlted by source documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free
competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors
that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance
and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of
work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offer or whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder
or offer or shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be
rejected when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the
award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or
other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards
of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees,
or agents of the recipient.
33
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the
particular work for which they are hired by the Recipient.
34
Attachment G
Certification Regarding
Debarment~ Suspension~ Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , celtifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
DEM Contract Number
Street Address
City, State, Zip
Date
35
ATTACHMENT H
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-IW, A-122, A-128, A-87; E.O.
12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part
66, Common rule, that govem the application, acceptance and use of Federal funds for this federally-
assisted project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of
persons displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of
a State or local unit of government whose principal employment is in connection with an activity
financed in whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EP A) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EP A Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EP A.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2,1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
37
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 use 569a-l et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see
36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its sub grantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide
for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal
Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice
Programs and Activities; Part 42, NondiscriminationJEqual Employment Opportunity Policies and
Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63,
Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable
to Federal Assistance Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of
Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act
(ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975;
Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the, Office for
Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October
38
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the
units of the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the
Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620.
39