06/20/2007 AgreementDANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: August 8, 2007
TO: Dave Koppel, County Engineer
Engineering Division
FROM: Pamela G. Hance+
Deputy Clerk �r�f
At the June 20, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a State Funded Subgrant Agreement, Contract No.
07-EC-33-11-54-01, between Monroe County and the Division of Emergency Management
(DEM) in the amount of $1,029,547.00 toward construction of a new County Emergency
Management Operations Center.
Enclosed are three duplicate originals of the above -mentioned, executed on behalf of
Monroe County, your handling. Please return the fully executed "Monroe County Clerk's
Original" and the "Monroe County Finance Department's Original" as soon as possible.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance w/o document
File %/
Qui Ji. i 0L:,:l:'_r';5
08-EC-3c -)I-5`i-Ol-b3q
Contract Number:(}77-�8-11 54 9�
STATE -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 to disburse the funds under this Agreement
pursuant to State Fiscal Year 2006 — 2007, Chapter 2006-71, Laws of Florida, Section b. The purpose of
this act implements provisions relating to county emergency operations centers and designated alternate
state emergency operations centers.
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 and
Scope of Work, Attachment A 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 B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin January 24, 2007, and shall end June 30, 2009, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(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.
(5) RECORDKEEPING
(a) 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, the 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, the 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 Department, 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.
(b) 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 and Scope of Work - Attachment A
- and all other applicable laws and regulations.
(c) 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 Department, 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
(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 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, Fla. Stat., it shall comply with the
following:
In 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, Fla. Stat.; applicable rules of the Executive Office of the Governor and the
Chief Financial Officer; 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 nonstate 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), Fla. Stat. This includes submission of a reporting
package as defined by Section 215.97(2)(d), Fla. Stat. 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, Fla. Stat, is not required. In 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, Fla. Stat, the cost of the audit must be paid from the nonstate 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:
htto://www. state.f I. us,lfsaa/statutes. htm I.
(e) Report Submission
1. The annual financial audit report shall include all management letters and the Recipient's
response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance specifically
identifying all Agreement and other revenue by sponsoring agency and Agreement number.
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:
The Division of Community Affairs at each of the following addresses:
Division of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Policy and Budget
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 Division
or the Department of Community Affairs 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.
5. Recipients, when submitting financial reporting packages to the Division or the Department of
Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
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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.
(f) 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 notifiied the Recipient of such non-compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an
independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant
licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out
report. These 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 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 March 31, June 30, September 30 and December
31
(c) The close-out report is due 60 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) REMEDIES. "Acceptable to the Division" 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.
(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 A
to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section
215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, 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-133, 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 Chief Financial Officer 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, Fla. Stat., the
Recipient shall be solely responsible to parties with whom it shall deal in carrying 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, Fla. Stat., agrees to
be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts
which result in claims or suits against the Division, 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 warranty or representation made by the Recipient in this Agreement or any previous Agreement
with the Division shalll at anytime 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;
(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 incorrect, 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 notiice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period,
exercise any one or more of the following remedies, either concurrently 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 part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information 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;
(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;
law:
(f) Exercise any other rights or remedies which may be otherwise available under
(g) The pursuit of any one 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 thirty (30) days written notice. 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, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or 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 Agreement by 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 writing, either by hand delivery, or
first class, certified mail, return 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 Division contract manager for this Agreement is:
Jenene Helms
Division of Emergency Management
Bureau of Policy and Budget
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: 850-413-9920
Fax: 850-488-7842
Email: (enene.helms@em.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Dave Koppel, Engineer
Monroe County
110 Simonton Street
Key West, Florida 33040
Telephone: 305-292-4426
Fax: 305-295-4321
Email: Koppel-Dave@monroecounty-fl.gov
(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.
W
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the
Recipient. 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 shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's 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 quarterly report
submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority vendor, as defined in Section 288,703, Fla. Stat.
(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 and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Justification of Advance
Attachment D — Warranties and Representations
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the
satisfactory performance of work hereunder in an amount not to exceed $1,029,547 subject to the availability of funds.
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(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla. Stat., 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. If an 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 C. Attachment C will specify the amount of
advance payment needed and provide an explanation of the necessity for and proposed use of these funds.
No advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The
Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A 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 or the 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 Department.
(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), Fla. Stat., if a check or other draft is returned to the Division for collection,
Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face
amount of the returned check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., 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
11
paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. 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 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.
an original.
(d) The Agreement may be executed in any number of counterparts, any one of which may be taken as
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42
U.S.C. Section 1210-1 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 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,
12
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 or repair 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) The State of Florida's performance 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, Fla. Stat. or the
Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper preaudit and postaudit thereof.
(j) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with Section 112.061, Fla. Stat.
(k) The Division of Community Affairs 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, Fla. Start., and made or received by the Recipient in conjunction with this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Division or be applied against the Department's obligation to pay the
contract amount.
(m) 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
U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA" )j. The Division 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 Department.
13
(n) 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.
(21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connection
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.
(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) Itthe 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) 11' 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 performance 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 Department. 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
properties 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.
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(23) PROPERTY MANAGEMENT.
(a) Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subject to
conditions of this section. The Recipient must continue the operation, maintenance, repair and administration of any
equipment or other personal property purchased under this Agreement in accordance with the purposes for which the
funds were originally appropriated and for the period of time expressly specified in the Agreement or, failing to do so, the
Recipient must return to the Division the subgrant funds used to purchase the property.
(b) The Recipient shall not use equipment acquired with State funds to provide services to non -State
outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically
authorized by Florida statute, for as long as the State retains an interest in the equipment.
(c) The Recipient shall use the equipment in the project or program for which it was acquired as long as
needed, whether or not the project or program continues to be supported by State funds and shall not encumber the
property without approval of the Division. When no longer needed for the original project or program, the Recipient shall
use the equipment in connection with its other State -sponsored activities, in the following order of priority: (i) Activities
sponsored by the Division, then (ii) activities sponsored by other State agencies.
(d) During the time that equipment is used on the project or program for which it was acquired, the
Recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on
the project or program for which the equipment was originally acquired. First preference for such other use shall be given
to other projects or programs sponsored by the Division; second preference shall be given to projects or programs
sponsored by other State agencies. If the equipment is owned by the State of Florida, use on other activities not
sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as
program income.
(e) When acquiring replacement equipment, the Recipient may use the equipment to be replaced as
trade-in or sell the equipment and use the proceeds to offset the costs of the replacement equipment subject to the
approval of the Division.
15
(f) The Recipient's property management standards for equipment acquired with State and State-owned
equipment shall include all of the following.
(1) Equipment records shall be maintained accurately and shall include the following information.
(i) A description of the equipment.
(ii) Manufacturer's serial number, model number, Federal stock number, national stock number,
or other identification number.
(iii) Source of the equipment, including the award number.
(iv) Whether title vests in the Recipient or the State of Florida.
(v) Acquisition date (or date received, if the equipment was furnished by the State of Florida) and
cost:.
(vi) Information from which one can calculate the percentage of State participation in the cost of
the equipment (not applicable to equipment furnished by the State of Florida).
(vii) Location and condition of the equipment and the date the information was reported.
(viii) Unit acquisition cost.
(ix) Ultimate disposition data, including date of disposal and s(ix) Ultimate disposition data,
including date of disposal and sales price or the method used to determine current fair market value
where a Recipient compensates the Division for its share.
(2) Equipment owned by the State of Florida shall be identified to indicate State ownership.
(3) A physical inventory of equipment shall be taken and the results reconciled with the equipment
records at least once every two years. Any differences between quantities determined by the physical inspection
and those shown in the accounting records shall be investigated to determine the causes of the difference. The
Recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for
the equipment.
(4) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of
the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the
equipment was owned by the State of Florida, the Recipient shall promptly notify the Division.
(5) Adequate maintenance procedures shall be implemented to keep the equipment in good condition.
(6) Where the Recipient is authorized or required to sell the equipment, proper sales procedures shall be
established which provide for competition to the extent practicable and result in the highest possible return.
(g) When the Recipient no longer needs the equipment, the equipment may be used for other activities in
accordance with the following standards. For equipment with a current per unit fair market value of $5000 or more, the
16
Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of
compensation shall be computed by applying the percentage of State participation in the cost of the original project or
program to the current fair market value of the equipment. If the Recipient has no need for the equipment, the Recipient
shall request disposition instructions from the Division. The Division shall determine whether the equipment can be used
to meet the Division's requirements. If no requirement exists within that agency, the availability of the equipment shall be
reported to the Department of Management Services by the Division to determine whether a requirement for the
equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar
days after the Recipient's request and the following procedures shall govern.
(1) 11 so instructed or if disposition instructions are not issued within 120 calendar days after the
Recipient's request, the Recipient shall sell the equipment and reimburse the Federal awarding agency an
amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the
original project or program. However, the Recipient shall be permitted to deduct and retain from the State share
$500 or ten percent of the proceeds, whichever is less, for the Recipient's selling and handling expenses.
(2) It the Recipient is instructed to ship the equipment elsewhere, the Recipient shall be reimbursed by
the State of Florida by an amount which is computed by applying the percentage of the Recipient's participation
in the cost of the original project or program to the current fair market value of the equipment, plus any
reasonable shipping or interim storage costs incurred.
(3) If the Recipient is instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed
by the Division for such costs incurred in its disposition.
(4) The Division may reserve the right to transfer the title to the State of Florida or to a third party named
by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to
the following standards.
(i) The equipment shall be appropriately identified in the award or otherwise made known to the
Recipient in writing.
(ii) The Division shall issue disposition instructions within 120 calendar days after receipt of a final
inventory. The final inventory shall list all equipment acquired with grant funds and federally -owned
equipment. If the Division fails to issue disposition instructions within the 120 calendar day period, the
Recipient shall apply the standards of this section, as appropriate.
(iii) When the Division exercises its right to take title, the equipment shall be subject to the provisions for
State-owned equipment.
(24) LEGAL AUTHORIZATION.
The Recipient certifies with respect to 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
17
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 execute and bind Recipient to the terms of
this Agreement.
(25) ASSURANCES.
The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF, the parties
hereto have caused this contract to be executed by their undersigned officials as duly authorized.
Recipient:
Monroe t
Name and title: Mario DiGennaro, Mayor
Date: June 20, 2007
SAMAS #
FID# 59-6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ``t%II f1b�T
Name and Title: )&'. C1 5 ZArt r_1r5c
Date: Z'Io'l
IR
MONROE COUNTY ATTORNEY
APPROVED AS T FORM
:
Xalp„ , �)&_ali'
NATILEENE W.CASSEL
ASSISTANT COUNTY ATTORNEY
Date. --Z � Q 7
7.
J
0 LD
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EXHIBIT —1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State proiect provide the same information
shown below for each State proiect and show total state financial assistance awarded that is subject to Section 215.97,
Florida Statutes.
State Project
State of Florida — Division of Emergency Management
CSFA # 52.010
$1,029,547
COMPLIANCE REOUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
List applicable compliance requirements as follows
1. First applicable compliance requirement (e.g., what services/purposes resources must be used for).
2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources).
3. Etc.
State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable
provisions of specific laws, rules, regulations, etc. NOTE. Instead of listing the specific compliance requirements as
shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or
regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made.
The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the
information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
19
Attachment A
Budget and Scope of Work
SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be
consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of
equipment, furnishings, communications, or operational systems; or recurring expenditures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing;
necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure,
shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, electrical, conveying and
security systems; lightning protection; and redundant infrastructure systems (e.g., electric generator, uninterruptible power
supply, potable water and wastewater systems, etc.).
B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP)
application, benefit -cost analysis, environmental review and such other documentation as necessary to determine
eligibility and allowable costs under said grant program.
C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate
of Occupancy the EOC will be dedicated for emergency management purposes. The EOC shall remain demonstrably
capable of being fully activated within one (1) hour of detection of an emergency; reference Rule Chapter 9G-6, Florida
Administrative Code, "Emergency Management Capabilities Assessment Checklist."
D. The EOC shall be constructed with sufficient space to house people and equipment for day-to-day and sustained
continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a
minimum, the designated EOC functional area(s), and essential shared -use area(s) if applicable, shall be designed for an
emergency operations staff size of 62 persons per shift and a workspace floor area of 5 270 gross square feet.
E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane
Evacuation Shelter Selection (ARC 4496).
F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major
hurricane. The wind load design requirements shall be in accordance with the American Society of Civil Engineers
(ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall
include:
Design Wind Speed = 225 miles per hour (3 second gust)
Wind Importance Factor, I= 1.00
Exposure Category = C
Directionality Factor, Kd= 1.00
Internal Pressure Coefficient, GCp, _ +/- 0.18
All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater
intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22
gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be
used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria.
G. The EOC and essential ancillary structures and service equipment shall resist penetration by windborne debris
impact. At a minimum, all exterior enclosure components, claddings and assemblies (i.e., walls, roofs, louvers, windows,
doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria
20
specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria,
DOE-STD-1020-2002. That is, the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing
15 pounds propelled at 50 miles per hour (74 feet per second) striking end -on and normal to the assembly surface, or
equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with
recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne
Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and
Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203. The impact test procedures may be modified
as necessary to accommodate the required missile weight and velocity.
H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind
design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, l; 4. design wind
exposure category; 5. wind directionality factor, Kd; 6. design internal pressure coefficient, GCp,; 7. design wind pressures
in terms of pounds per square foot (psf) to be used for the design of exterior component and cladding materials not
specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; 9.
finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the
finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined.
I. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a minimum be
elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet;
the 500-year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; the highest recorded flood
elevation plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (point
maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and service
equipment are not flooded due to a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall
event.
J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code —Plumbing, the
secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour.
K. The EOC shall be designated as a threshold building, and special structural inspections required. Special
inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable statutes, laws and
rules.
L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous operation and shall not be
solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.)
M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland
Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or
other federal or state recognized best -practices guide(s) as approved by the Division.
N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW-1,
"Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the
Division may be used.
O. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost
data for the designated EOC area as detailed in Table SW-2, "Cost Data for County Emergency Operations Center."
21
PRODUCT ITEMS
A. Per item I.N, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including
estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table
SWA may be used to meet this product item.
B. Per item LC, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not
less than15 years for emergency management purposes, and demonstrably capable of being fully activated within one (1)
hour of detection of an emergency.
C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and
schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs
assessment and schematic design plan/preliminary design may be consolidated into one document.
D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design
construction drawings and specifications for the EOC and essential ancillary structures for review and comment by the
Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural,
mechanical, plumbing, and electrical drawings.
E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for the EOC and
essential ancillary structures for review by the Division. The construction drawings shall include site survey information,
landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the
applicable registered or licensed design professional(s) of record.
F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC
4496, and the wind load, windborne debris impact, flood and security design requirements set forth in items LE through
I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in
denial of funds.
G. Per item LB, Recipient shall submit a complete HMGP application, benefit -cost analysis, environmental review
and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The
Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document
the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost
premium of constructing the facility to the above -code wind and flood requirements set forth in items LE through I.J.
H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be used to meet this product
item.
I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the threshold inspection
final report, and the certificate of occupancy upon completion of the construction project.
22
SCHEDULE OF WORK
A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval.
Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of
funds.
B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation
to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be
provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope -of -
work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Division
approved cost reimbursement allocation schedule referenced in Product Item A.
C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and
approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result
in denial or reduction of funds at the sole discretion of the Division.
D. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate
of occupancy, close-Dut documentation and final payment invoice.
23
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
County Name: Monroe
PROJECT PHASE
Start Date
End Date
DEM Funds
Other Funds
Board Contract
Approval
Initial Payment of
20% in first quarter
A&E Firm Selection
Site Survey and Soil
Testing
Spatial Needs
Assessment
Preliminary Design,
70% complete
Preliminary Design,
100% complete
Regulatory Review
Bid Document(s)
Development &
Award
Notice to
Proceed/Mobilization
Construction Project
Management &
Special Inspections
Construction 25%
Complete
Construction 50%
Complete
Construction 100%
Complete
Contingency
Administrative Fees;
maximum of 5%
Sub -Totals
$1,029,547
TOTAL Estimated
Project Cost
A&E - Architectural and Engineering; DEM — Division of Emergency Management; FY - Fiscal Year
24
Table SW-2. Cost Data for County Emergency Operations Center
Table SW-2.
Cost Data for County Emergency Operations Center
County Name: Monroe
NO.
System/Component
Description
Estimated
Cost
A.
SUBSTRUCTURE
1010
Foundation
1020
Slab -on -Grade
2010
Excavation
2020
Basement Walls
2030
Elevated Foundation
B.
SHELL ENVELOPE
B10 Superstructure
1010
Floor Construction
1020
Roof Construction
1030
Structural Frame
1040
Load -Bearing Wall
B20 Exterior Enclosure
2010
Exterior Walls
2011
Veneer/Cladding
2012
1 Louvers
2020
Exterior Windows
2030
Exterior Doors
B30 Roofin
3010
Roof Coverincis
3020
Roof O enin s
3021
Soffits
C.
INTERIORS
1010
Partitions
1020
Interior Doors
1030
Fittings
2010
Stair Construction
3010
Wall Finishes
3020
Floor Finishes
3030
Ceiling Finishes
D.
SERVICES
D10 Conve in
1010
Elevators & Lifts
1020
Escalators & Walks
D20 Plumbin
2010
1 Plumbing Fixtures
2020
Domestic Water
Distribution
2021
Back-up Potable
Water System
2040
Rainwater Drainage
D30 HVAC
3010
Energy Sul
25
3020
Heating S stem
3030
Cooling System
3050
Terminal & Package
Units
3090
Other HVAC Sys.
D40 Fire Protection
4010
Sprinkler S is.
4020
Standpipe Sys.
4030
Other Sys.
D50 Electrical
5010
Elec. Service &
Distribution
5020
Lighting & Branch
Wiring
5030
Communications &
Security
5090
Other Elec. Sys.
5091
Generator Sys.
5092
UPS Sys.
E.
EQUIPMENT & FURNISHINGS
1010
Commerciall Equip.
1020
Institutional Equip.
1030
Vehicular Equip.
1090
Other E ui .
1091
Audio/Video Equip.
1092
Special Telecom
1093
Information Tech.
1094
Geo. Info. Sys.
F.
SPECIAL CONSTRUCTION
1041
Generator Enclosure
1042
Comm. Tower
1043
Heli ad
1090 1
Other
G.
BUILDING SITEWORK
1010
Earthwork
1020
Roadway & Parkin
1030
Drainage & Flood
Control
1040
Security Measures
1090
Other Sitework
26
Attachment B
Program Statutes and Regulations
1. Sections 215.555(7)(c) and 215.559, Florida Statutes
2. Chapter 252, Florida Statutes
3. Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-1, Florida Administrative Code
6. Chapter 9G-19, Florida Administrative Code
27
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
IECIPIENT:
ndicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on
vhich the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a) and (b),
lorida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial
hree months.
[ ] NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
ADVANCE REQUEST WORKSHEET
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate
forms and purchase start-up supplies and equipment. We
would not be able to operate the program without this advance.
If you are requesting an advance, complete the following worksheet
(A)
(B)
(C)
(D)
FFY 2002
FFY 2003
FFY 2004
Total
DESCRIPTION
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 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 D3
DEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER; OF CALCULATED MAXIMUM
[ ] Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of
Circumstances below.
[ ] 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
2004-2005 Anticipated Expenditures for First Three Months of
BUDGET CATEGORY
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
29
Attachment D
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current 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 supported by source documentation.
Com petition.
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 offeror 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
offeror 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.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from
30
Licensing and Permittinn
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.
31
Reports
State of Florida
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Quarterly Progress Report
For QuarterNear Ending Date
County Agreement #
Recipient
Note: Quarterly progress reporting comments should be thorough and include, but not be limited to, a discussion of
significant events or milestones (both success and problems), circumstances affecting completion dates, and any special
issues that should be, reported on. Provide documentation below and include attachments as appropriate to justify
quest for reimbursement or funus ex euuou uul �7
Date or
Status
Categorylitem to be Provided
Quarter if
if not completed
Completed
1. Submit a timeline and estimated
reimbursement allocation schedule
2. Submit a binding written statement that the
EOC will be dedicated for a period of not less
thanl5 years for emergency management
purposes
3. Provide copy(ies) of the accepted construction
services and vendor bid(s).
4. Submit Hazard Mitigation Grant Program
(HMGP) application for Phase 1
Architectural/Engineering Services activities, if
applicable
5. One (1) copy each of site survey, site master
plan, spatial needs assessment, and schematic
design plan or preliminary design drawings for
review by the Department. The spatial needs
assessment and schematic design
plan/preliminary design may be consolidated into
one document
Date or
Status
Categorylltem to be Provided
Quarter if
if not completed
Completed
6. One (1) set of substantially complete
(approximately 70 percent) construction drawings
and specifications for the EOC and essential
ancillary structures for review by the Department.
The construction drawings shall include site
survey information, landscaping, civil,
architectural, structural, mechanical, plumbing,
electrical and telecommunications/information
technology drawings
7. One (1) set of bid -ready construction drawings
and specifications for the EOC and essential
ancillary structures. The construction drawings
shall include ;site survey information, landscaping,
civil, architectural, structural, mechanical,
plumbing, electrical and telecommunications/
information technology drawings and shall be
certified by the applicable registered or licensed
design professional(s) of record.
8. The construction drawings demonstrate that the
EOC meets the hurricane hazard safety criteria of
ARC 4496, and the wind load, windborne debris
impact, flood and security design requirements set
forth in Scope of Work items LC through I.J.
9. Submit HMGP application for Phase 2
construction activities, if applicable
10. Final project cost estimate data as required in
Scope of Work item I.L.
11. Copies of final vendor(s) invoices and payments
made to vencor(s) for eligible reimbursement costs
and the final Financial Report/Reimbursement
Request.
12. Final/Close-Out Report as well as the financial
history of the Agreement.
Date or
Status
Category/kem to be Provided
Quarter if
if not completed
Completed
13. Copy of the Certificate of occupancy/Completion
provided by the local building inspector and final
threshold inspection report provided by threshold
inspector -of -record.
Provide other documentation below as appropriate to justify request for reimbursement of funds expended
during reporting quarter.
14.
15.
:- _
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LAuacn aaumunea aimcgai a ::c--yi
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
REIMBURSEMENT REQUEST
Grantee
Payment date
Address
Payment #
Phone #
Agreement #
A reement Amount
COSTS INCURRED DURING THE PERIOD OF:
1. Salary and Benefits
2. Other Personal/Contractual Services
3. Administrative Expenses
4. Expenses
5. Operating Capital Outlay (OCO)
6. Fixed Capital Outlay (FCO)
7. Total Expenditures
/ / through / /
1 hereby certify that the above costs are true and valid costs Incurred In accordance with the project agreement.
Signed
Contract Manager or Financial Officer
AGREEMENT AMOUNT
PREVIOUS PAYMENT(S)
THIS PAYMENT
REMAINING BALANCE
TO BE COMPLETED BY DEM STAFF ONLY
TOTAL AMOUNT TO BE PAID
ON THIS INVOICE
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Date Report Submitted:
Grantee:
Agreement #:
Attachment F
State of Florida
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Final/Closeout Report
Report Due Date:
Agreement Amount:
Agreement period:
I hereby certify that the costs are true and valid costs incurred in accordance with the project Agreement and
were utilized toward the project in this Agreement.
The above Balance of Agreement, if applicable, will not be used by the Grantee for this project Agreement
and can be deobligated from this project Agreement by the Department.
Signature of Grantee Contract Manager or Financial Officer
Date