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09/12/1990 Agreement f1\.ED FOR REctRl ...,. PI a- This consultin~agreement is made and enter_. MHI( do KQh-~tGE tAft, day of _11!.+..b...- , 1990, by aI~U,bilR.~ . MONROE COUNTY, Flori a, hereinafter referred to ~Dl!.re.~,JlI.L and LANGTON ASSOCIATES, INC. , hereinafter ref"re'1r to as "Consultant" on the following terms and conditions: CONSULTING AGREEMENT WHEREAS, the County is in to assist the County with the Anti-Drug Abuse Grant projects Florida Department of Community Management, Bureau of Public need of Consultant Services administration of the 1990 funded through the State of Affairs, Division of Emergency Safety Management (BPSM), and WHEREAS, the parties have come to an agreement concerning the nature and Scope of Services needed to fulfill the administrative requirements, as specified in the Anti-Drug Abuse Act of 1990, for the Monroe County programs, Now, promises, therefore, for and in consideration of covenants and conditions herein set forth, the mutual IT IS AGREED AS FOLLOWS: 1. Engagement The County hereby does engage Consultant, as an independent contractor, and Consultant does hereby accept the engagement by the County to provide such services as are set forth in Scope of Services to provide administration assistance for the County's 1990 Anti-Drug Abuse Programs. 2. Term of Contract The starting date of the term of this contract is subject to grant award and approval of the 1990 Anti-Drug Abuse Programs by the Bureau of Public Safety Management (BPSM). Anticipated start date is 10-1-90. The term of this contract is the start date through 9-30-91, or until all reporting/administration requirements for the Monroe County projects are met. 3. Scope of Services * Establish a Monroe County Office of Substance Abuse Policy. * Provide administrative Policy Advisory Board. support to the Substance Abuse "Assist the Substance Abuse Policy Advisory Board in the coordination of the Anti-Drug Abuse Programs funded through BPSM for Monroe County and with future program planning. * Coordinate with Monroe County I s Office of Management and Budget the establishment and implementation of fiscal control and accounting procedures to assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. This is to include: - Monthly Financial Claims Reports to BPSM, - A Final Financial Claim Report to BPSM. * Submit Quarterly Progress Reports to BPSM covering sub grant activity for each quarter. * Submit and Annual Report to BPSM covering subgrant activity for the 12 month period of project operations. * Submit other reports as may be reasonably required by the BPSM. 4. Responsibility of the County The County shall designate a representative authorized to act on its behalf with respect to the 1990 Anti-Drug Abuse Grant Programs. The County or such authorized representative shall examine the documents submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonanble delay in the progress of Consultant's services. The discharge agreement. County of its agrees to exercise responsibilities and due dilligence obligations made in in the this The County shall make provision for and assume cost of annual audit of programs as required by BPSM. 5. Basis of Compensation The County, as recipient of the 1990 Anti-Drug Abuse Funds and in accordance with the requirements set forth in the 1990 Anti-Drug Abuse Act regarding contractual services, the County agrees to pay the Consultant the sum of $21,253. During the duration of the contract period, consultant shall be reimbursed in 12 equal monthly payments, with payment being made monthly by the 10th day of the following month after the invoice rendered by Consultant. 6. Notice of Contact The representative for the County for this agreement is George Harper. The representative for the Consultant responsible for the administration of this agreement is Denise Froehlich. -2- In the event that different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to the original of this agreement. Notice shall be delivered to the County at: Monroe County 500 Whitehead Street Key West, Florida 33040 Notice as to Consultant shall be delivered at: Langton Associates, Inc. 4244 St. Johns Avenue Jacksonville, Florida 32210 7. Termination of Agreement for Cause If for any cause, the Consultant shall fail to fulfill, in a timely and proper manner, his obligations under this agreement, or if the Consultant shall violate any of the covenants, agreements or stipulations of this agreement, the County shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant under this agreement shall, at the option of the County, become the County's property and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed by the termination date. Notwithstanding the above, the Consultant shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the agreement by the Consultant, and the County may withhold any payments due the Consultant for the purpose to offset until such time as the exact amount of damages due the County from the Consultant is determined. Langton's liability shall be limited to the amount of this agreement. 8. Termination for Convenience of County The County may terminate this agreement at any time by a notice in writing from the County to the Consultant. If the agreement is terminated by the County as provided herein, the Consultant shall be paid an amount which bears the same ratio to the total compensation as the services performed to date covered by this agreement, less payments of compensation -3- previously made. If this agreement fault of the Consultant, Section 7 to termination shall apply. is terminated due to the of this agreement relative 9. Equal Employment Opportunity Consultant agrees to comply with equal opportunity requirements to the end that no person shall, on the grounds of race, creed, color, or national origin be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under grants awarded pursuant to P.L. 89-564, Non-Discrimination Requirements of the Anti-Drug Abuse Act of 1988; Title IV of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and the Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Supbarts C, D, E, and G. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the County, state that all qualified applicants shall receive consideration for employment without regard to race, creed, color, sex, or national origin. The Consultant shall cause the foregoing provisions be inserted in all subcontracts for any work covered by agreement so that such provisions shall be binding upon subconsultant. to this each 10. Assignment of Agreement This agreement shall not be assignable in whole or in part without the written consent of the parties hereto, and it shall extend to and be binding upon the heirs, administrators, executors, successors and assignees of the parties hereto. 11. Anti-Kickback The Consultant warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the County has any interest, financial or otherwise in the Consultant's firm or its subcontractors. For breach or violation of this warranty, the County shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 12. Compliance with State Requirements Consultant shall comply in all respects with the provisions -4- of the 1990 Anti-Drug Abuse Grant award agreement between the County and the Florida Bureau of Public Safety Management, the terms and conditions of which are found in Attachment A which is attached hereto and made part of this contract. 13. Hold Harmless Consultant shall protect, defend, indemnify and hold the County harmless from and against any and all losses arising out of any willful misconduct or negligent act, error or omission of Consultant, his agents or employees, arising out of or incidental to the performance of this cQntract or work performed thereunder. 14. Entire Agreement This agreement all prior written or instrument agreement represents the entire and integrated between the County and Consultant and supersedes negotiations, representations or agreements, either oral. This agreement may be amended only by written signed by both the County and Consultant. IN WITNESS THEREOF, the parties have set their hand and seals the date as aforewritten. Witnesses: LANGTON ASSOCIATES, INC. f)L,ui~' i . d AM--I~ By: (SEAL ) ATIEST: DANNY L. KOLHAGE, CLERK MONROE C'~Y By: ~~Jlq Name:. John Stomont Tit 1 e: Mayor /Chainnan J;2L ~4-f- Depd'ty Clerk .'.'I";;QVEDAS rOFORM ! WIlL SUFFICIENCY. APPROVED AS TO FOR By: Monroe County Attorney -5- , ~ .' ~ .1 ~ IH. . AC~EPTANC~ ANU ~~K~~M~NI I . I ! CONDITIONS OF AGREEMENT. UPON APPROVAL OF THIS SUBGRANT, THE I I APPROVED APPLICATION AND THE FOLLOWING TERMS AND CONDITIONS SHALL I I UECOME BINDING. NON-COMPLIANCE SHALL RESULT IN COSTS BEING I I DISALLOWEO. I I · I I 1. REPORTS. THE GRANT RECIPIENT SHALL SUBMIT QUARTERLY PRDGRESS I I REPORTS, DCA-NA FORM 4(A) (OCTOBER 1987), TO THE BUREAU OF I I PUBLIC SAFETY MANAGEMENT (BPSM) BY JANUARY 31, APRIL 30, I I JULY 31, AND OCTOBER 31 COVERING THE SUBGRANT ACTIVITY FOR THE I I PREVIOUS nUARTER. THE GRANT RECIPIENT SHALL SUBMIT AN I I ANNUAL REPORT TO THE BPSM, DCA-NA FORM 4(A) (OCTOBER 1987), I' I FOR EACH 12-MONTH PERIOD OF PROJECT OPERATIONS. THIS REPORT I I SHALL BE SUBMITTED TO THE BPSM WITHIN 30 DAYS AFTER THE END I I OF THE INITIAL 12-MONTH PERIOD. IN ADDITION, IF THE SUBGRANT I I AWARD PERIOD EXCEEDS 12 MONTHS, ADDITIONAL nUARTERLY REPORTS I I COVERING THE EXTENDED PERIOD MUST BE SUBMITTED AS WELL AS I I A FINAL REPORT COVERING THE ENTIRE TIME FRAME OF SUBGRANT I I ACTIVITIES WITHIN 30 DAYS OF THE END OF THE' EXTENDED PERIOD. I I THE GRANT RECIPIENT SHALL SUBMIT MONTHLY FINANCIAL CLAIM I I REPORTS, DCA-NA FORM 3(A-E), TO THE BPSM. A FINAL FINANCIAL I I CLAIM REPORT MUST BE SUBMITTED TO THE BPSM WITHIN 45 DAYS OF I I THE SUBGRANT TERMINATION PERIOD. SUCH CLAIM MUST BE DISTINCTLY I I IDENTIf'1ED AS "FINAL". FAILURE TO SUBMIT THE FINAL FINANCIAL I I. CLAIM IN THE TIME SPECIFIED CAN RESULT IN FORFEITURE OF THE I I FINAL REIMBURSEMENT CLAIM. ALL UNEXPENDED FUNDS REMAINING I I WITH THIS GRANT AFTER PAYMENT OF FINAL CLAIM SHALL AUTOMATICALLY I I BE DEOBLIGATED AND SHALL REVERT TO THE BPSM FOR OBLIGATION TO I OTHER APPROVED PROGRAMS. THE GRANT RECIPIENT SHALL SUBMIT I OTHER REPORTS AS MAY BE REASONABLY REQUIRED BY THE BPSM. I ALL REQUIRED REPORTS, INSTRUCTIONS AND FORMS WILL BE I DISTRIBUTED WITH THE SUBGRANT AWARD. I I I 2. RESPONSIBILITY OF GRANT RECIPIENT. THE GRANT RECIPIENT MUST I ESTABLISH FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES WHICH I ASSURE PROPER DISBURSEMENT AND ACCOUNTING OF SUBGRANT FUNDS I AND REQUIRED NON-FEDERAL EXPENDITURES. ALL MONIES SPENT ON I THIS PROJECT WILL BE DISBURSED IN ACCORDANCE WITH PROVISIONS I OF THE PROJECT BUDGET AS SAID BUDGET WAS APPROVED BY THE BPSM. I ALL EXPENDITURES AND COST ACCOUNTING OF FUNDS SHALL CONFORM I TO THE FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS, GUIDE- I I LINE MANUAL 7100.1C, OFFICE OF JUSTICE PROGRAMS, FEDERAL I I OFFICE,OF MANAGEMENT AND BUDGET CIRCULARS A-102 AND A-87, OR I I OMB CIRCULARS A-110 AND A-21, IN THEIR ENTIRETY. ALL FUNDS I I NOT SPENT IN ACCORDANCE WITH THIS AGREEMENT WILL BE SUBJECT I I TO REPAYMENT BY THE GRANT RECIPIENT. I I I I 3. COMPLIANCE WITH SECTION 287.055, FLORIDA STATUTES. THE I I SUBGRANTEE, WHEN APPLICABLE, AGREES TO SATISFY ALL REQUIRE- I I MENTS PROVIDED IN SECTION 287.055, FLORIDA STATUTES, KNOWN I I AS THE "CONSULTANT'S COMPETITIVE NEGOTIATION ACT". I I I I 4. ApPROVAL OF CONSULTANT AGREEMENTS. THE BPSM SHALL REVIEW AND I I APPROVE IN WRITING ALL CONSULTANT AGREEMENTS PRIOR TO THE I I ACTUAL EMPLOYMENT OF THE CONSULTING FIRM. ApPROVAL SHALL BE I I BASED UPON THE COMPLIANCE OF THE AGREEMENT WITH THE REQUIRE- I I MENTS OF THE FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS, I I GUIDELINES MANUAL 7100.1e AND APPLICABLE STATE STATUTES. I I GRANT RECIPIENT AGREEMENT APPROVAL BY THE BPSM DOES NOT I I CONSTITUTE CONSULTANT AGREEMENT APPROVAL. I \_________________________________________________________________________1 i 1 1 j , il ~ Attachment "A" . ./--~----------------------------------------------------------------------\ . I H. ACCEPTANCE AND AGREEMENT I I (CDNTINUED) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 9. CDMMENCEMENT DF PROJECTS. IF A PROJECT HAS NOT COMMENCED I WITHIN 60 DAYS AFTER THE ACCEPTANCE OF THE GRANT RECIPIENT I AWARD, GRANT RECIPIENTS WILL REPORT BY LETTER THE STEPS I TAKEN TO INITIATE THE PROJECT, THE REASONS FOR DELAY AND I I THE EXPECTED STARTING DATE. IF, AFTER 90 DAYS FROM THE I I ACCEPTANCE OF AWARD, PROJECT ACTIVITY AS DESCRIBED HEREIN I \------------.-------------------------------------------------------------/ 5. ALLOWABLE COSTS. THE ALLOWABILITY OF COSTS INCURRED UNDER ANY SUBGRANT SHALL BE DETERMINED IN ACCORDANCE WITH THE GENERAL PRINCIPLES OF ALLOWABILITY AND STANDARDS FOR SELECTED COST ITEMS SET FORTH IN THE FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS, GUIDELINE MANUAL 7100.1C, OFFICE OF JUSTICE PROGRAMS, OFFICE OF MANAGEMENT AND BUDGET CIRCULAR No. A-87, "COST PRINCIPLES ApPLICABLE TO GRANTS AND CONTRACTS WITH STATE AND LOCAL GOVERNMENTS", OR OFFICE OF MANAGEMENT AND BUDGET CIRCULAR No. A-21, "COST PRINCIPLES FOR EDUCATIONAL INSTITUTIONS". ALL PROCEDURES EMPLOYED IN THE USE OF FEDERAL FUNDS FOR THE PROCUREMENT OF SERVICES, SUPPLIES OR EQUIP- MENT, MUST BE IN ACCORD WITH ATTACHMENT 0 OF OMB CIRCULAR No. A-102 OR ATTACHMENT 0 OF OMB CIRCULAR No. A-110 AND FLORIDA LAW TO BE ELIGIBLE FOR REIMBURSEMENT. 6. TRAVEL. ALL TRAVEL REIMBURSEMENT FOR OUT-OF-STATE OR OUT- OF GRANT SPECIFIED-WORK-AREA WILL BE BASED UPON WRITTEN APPROVAL OF THE BPSM PRIOR TO COMMENCEMENT OF ACTUAL TRAVEL. TRAVEL COST FOR ALL TRAVEL WILL BE REIMBURSED IN ACCORDANCE WITH LOCAL REGULATIONS, BUT NOT IN EXCESS OF PROVISIONS IN SECTION 112.061, FLORIDA STATUTES. 7. WRITTEN ApPROVAL OF CHANGES. GRANT RECIPIENTS MUST OBTAIN APPROVAL FROM THE BPSM FOR MAJOR CHANGES. THESE INCLUDE, BUT BUT ARE NOT LIMITED TO: (A) CHANGES IN PROJECT ACTIVITIES, DESIGNS, OR RESEARCH PLANS SET FORTH IN THE APPROVED APPLICA- TION; (B) CHANGES IN THE PROJECT DIRECTOR OR KEY PROFESSIONAL PERSONNEL IDENTIFIED IN THE APPROVED APPLICATION, OR (C) BUDGET DEVIATIONS THAT DO NOT MEET THE FOLLOWING CRITERION: SUBGRANTEES MAY TRANSFER FUNDS BETWEEN BUDGET CATEGORIES AS LONG AS THE TOTAL AMOUNT OF THE TRANSFER (INCREASE OR DECREASE) DOES NOT EXCEED FIVE PERCENT (5%) OF THE TOTAL APPROVED BUDGET CATEGORY AND THE TRANSFER IS MADE TO AN APPROVED BUDGET LINE ITEM. HOWEVER, NO ADDITIONAL TRANSFERS ABOVE THE 5% CAP MAY BE MADE UNTIL A REVISED BUDGET HAS BEEN APPROVED BY THE DEPARTMENT. UNDER NO CIRCUMSTANCES CAN THE CHANGES INCREASE THE TOTAL BUDGETED AWARD. (PLEASE NOTE TRANSFERS DO NOT ALLOW FOR INCREAS- ING THE QUANTITATIVE NUMBER OF ITEMS REFLECTED IN ANY APPROVED BUDGET LINE ITEM, SUCH AS, EQUIPMENT ITEMS IN THE OPERATING CAPITAL OUTLAY OR EXPENSE CATEGORIES OR STAFF POSITIONS IN THE SALARIES AND BENEFITS CATEGORY). 8. GRANT RECIPIENT FUNDING. THE OBLIGATION OF THE STATE OF FLORIDA TO REIMBURSE GRANT RECIPIENTS FOR INCURRED COST WILL BE SUBJECT TO THE AVAILABILITY OF ANTI-DRUG ABUSE ACT FUNDS. /-----------------------------------------~-------------------------------\ ! H. ACCEPTANCE AND AGREEMENT I I (CONTINUED) I I I I HAS NOT BEGUN, A FURTHER STATEMENT OF IMPLEMENTATION DELAY I WILL BE SUBMITTED BY THE GRANT RECIPIENT TO THE BPSM. UPON I RECEIPT OF THE gO-DAY LETTER, THE BPSM SHALL DETERMINE IF THE I REASON FOR DELAY IS JUSTIFIED OR CANCEL THE PROJECT AND I REOBLIGATE THE FUNDS TO OTHER PROJECT AREAS. THE BPSM, I WHERE WARRANTED BY EXTENUATING CIRCUMSTANCES, SHALL EXTEND I THE IMPLEMENTATION DATE OF THE PROJECT PAST THE gO-DAY I PERIOD, BUT ONLY BY FORMAL WRITTEN AMENDMENT TO THIS AGREEMENT. I I 10. EXCUSABLE DELAYS. EXCEPT WITH RESPECT TO THE DEFAULTS OF I CONSULTANTS, THE GRANT RECIPIENT SHALL NOT BE IN DEFAULT BY I REASON OF ANY FAILURE IN PERFORMANCE OF THIS AGREEMENT IN I ACCORDANCE WITH ITS TERMS (INCLUDING ANY FAILURE BY THE GRANT I RECIPIENT TO MAKE PROGRESS IN THE EXECUTION OF THE WORK I HEREUNDER WHICH ENDANGERS SUCH PERFORMANCE) IF SUCH FAILURE I ARISES OUT OF CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT I OR NEGLIGENCE OF THE GRANT RECIPIENT. SUCH CAUSES SHALL I INCLUDE, BUT ARE NOT RESTRICTED TO, ACTS OF GOD OR OF THE I PUBLIC ENEMY, ACTS OF THE GOVERNMENT IN EITHER ITS SOVEREIGN I OR CONTRATUAL CAPACITY, FIRES, FLOODS, EPIDEMICS, QUARANTINE I RESTRICTIONS, STRIKES, FREIGHT EMBARGOES, AND UNUSUALLY I SEVERE WEATHER, BUT IN EVERY CASE THE FAILURE TO PERFORM I MUST BE BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE I OF THE GRANT RECIPIENT. IF THE FAILURE TO PERFORM IS CAUSED I BY THE FAILURE OF A CONSULTANT TO PERFORM OR MAKE PROGRESS, I AND IF SUCH FAILURE ARISES OUT OF CAUSES BEYOND THE CONTROL I OF THE GRANT RECIPIENT AND CONSULTANT, AND WITHOUT THE FAULT I OR NEGLIGENCE OF EITHER OF THEM, THE GRANT RECIPIENT SHALL I NOT BE DEEMED TO BE IN DEFAULT, UNLESS (A) THE SUPPLIES OR I SERVICES TO BE FURNISHED BY THE CONSULTANT WERE OBTAINABLE I FROM OTHER SOURCES, AND (B) THE BPSM SHALL HAVE ORDERED THE I GRANT RECIPIENT IN WRITING TO PROCURE SUCH SUPPLIES OR I SERVICES FROM OTHER SOURCES, AND (C) THE GRANT RECIPIENT SHALL I HAVE FAILED TO COMPLY REASONABLY WITH SUCH ORDER. UPON REQUEST I OF THE GRANT RECIPIENT, THE BPSM SHALL ASCERTAIN THE FACTS AND I EXTENT OF SUCH FAILURE AND, IF IT SHALL BE DETERMINED THAT ANY I FAILURE TO PERFORM WAS OCCASIONED BY ANY ONE OR MORE OF THE I SAID CAUSES, THE DELIVERY SCHEDULE SHALL BE REVISED ACCORDINGLY. I I I I I I I I I I I I I 12. PERFORMANCE. IN THE EVENT OF DEFAULT, NON-COMPLIANCE OR I VIOLATION OF ANY PROVISION OF THIS AGREEMENT BY THE GRANT I RECIPIENT, THE GRANT RECIPIENT'S CONSULTANTS AND SUPPLIERS, I I OR BOTH, THE BPSM SHALL IMPOSE SUCH SANCTIONS AS IT DEEMS I I APPROPRIATE INCLUDING WITHHOLDING OF PAYMENTS, CANCELLATION, I \-------------------------------------------------------------------------/ 11. OBLIGATION OF GRANT RECIPIENT FUNDS. GRANT RECIPIENT FUNDS MAY NOT UNDER ANY CIRCUMSTANCES BE OBLIGATED PRIOR TO THE EFFECTIVE DATE OR SUBSEQUENT TO THE TERMINATION DATE OF THE GRANT PERIOD. ONLY PROJECT COSTS INCURRED ON OR AFTER THE EFFECTIVE DATE AND ON OR PRIOR TO THE TERMINATION DATE OF THE GRANT RECIPIENT APPLICATION ARE ELIGIBLE FOR REIMBURSEMENT. A COST IS INCURRED WHEN THE GRANT RECIPIENT'S EMPLOYEE OR CONSULTANT PERFORMS THE SERVICE REQUIRED, OR WHEN GOODS ARE RECEIVED BY THE GRANT RECIPIENT, NOTWITHSTANDING THE DATE OF ORDER. I-----------------------------------------~-------------------------------\ .I H. ACCEPTANCE AND AGREEMENT I I (CONTINUED) I I I I TERMINATION OR SUSPENSION OF THE AGREEMENT IN WHOLE OR IN I I PART. IN SUCH AN EVENT, THE BPSM SHALL NOTIFY THE GRANT I I RECIPIENT OF SUCH DECISION 30 DAYS IN ADVANCE OF THE I I EFFECTIVE DATE OF SUCH SANCTION. THE GRANT RECIPIENT SHALL I I BE PAID ONLY FOR THOSE SERVICES SATISFACTORILY PERFORMED I I PRIOR TO THE EFFECTIVE DATE OF SUCH SANCTION. I I I 13. ACCESS TO RECORDS. DCA, U.S. DEPARTMENT OF JUSTICE, OFFICE I OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, OJARS,AND I THE AUDITOR GENERAL OF THE STATE OF FLORIDA, OR ANY OF THEIR I DULY AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS FOR THE I PURPOSE OF AUDIT AND EXAMINATION OF BOOKS, DOCUMENTS, PAPERS, I AND RECORDS OF THE GRANT RECIPIENT, AND TO RELEVANT BOOKS AND I RECORDS OF GRANT RECIPIENT AND CONTRACTORS, AS PROVIDED UNDER I "FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS", M7100.1C. I DCA MAY UNILATERALLY CANCEL THIS CONTRACT IF THE CONTRACTOR I REFUSES TO ALLOW PUBLIC ACCESS TO ALL DOCUMENTS, PAPERS, I LETTERS, OR OTHER MATERIAL SUBJECT TO THE PROVISIONS OF I CHAPTER 119, F.S., AND MADE OR RECEIVED BY THE CONTRACTOR IN I CONJUNCTION WITH THE CONTRACT. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 16. RETENTION OF RECORDS. ALL RECORDS AND FINANCIAL DOCUMENTS I MUST BE MAINTAINED FOR A MINIMUM PERIOD OF 3 YEARS FROM THE I DATE OF THE FINAL FINANCIAL STATEMENT AND BE AVAILABLE FOR I AUDIT AND PUBLIC DISCLOSURE UPON REQUEST OF DULY AUTHORIZED I I PERSONS. I \_____________________________________________________--------------------1 14. 15. AUDIT. ACCEPTANCE OF THIS AGREEMENT CONSTITUTES GRANT RECIPIENT ASSURANCE THAT ALL PROVISIONS OF OMB CIRCULAR A-128 "AUDITS OF STATE AND LOCAL GOVERNMENTS" OR OMB CIRCULAR A-llO, ATTACHMENT F, WILL BE MET. ALL GRANT RECIPIENTS SHALL PROVIDE AN AUDIT OF THEIR ACTIVITIES ON AN ANNUAL BASIS. FOR ADDI- TIONAL INFORMATION ON AUDIT REQUIREMENTS, APPLICANTS SHALL REFER TO THE "FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS", GUIDELINE MANUAL 7100.1C, OFFICE OF JUSTICE PROGRAMS. As A MINIMUM, A SCHEDULE COMPARING BUDGETED AND ACTUAL SUBGRANT COSTS IS REQUIRED. FAILURE TO FURNISH AN ACCEPTABLE AUDIT AS DETERMINED BY THE STATE OR COGNIZANT FEDERAL AUDIT AGENCY SHALL BE BASIS FOR DENIAL AND REFUND, OR BOTH, OF FEDERAL FUNDS. FEDERAL FUNDS DETERMINED TO BE MISSPENT ARE SUBJECT TO REFUND OR OTHER RESOLUTION. PROCEDURES FOR CLAIM REIMBURSEMENT. ALL CLAIMS FOR REIMBURSE- MENT OF GRANT RECIPIENT COSTS MUST BE SUBMITTED ON A FORM (DCA-NA FORM 3 (A-E) OCTOBER 1987) PRESCRIBED AND PROVIDED BY THE BPSM. CLAIMS SHALL BE SUBMITTED ON A MONTHLY BASIS IN ORDER TO REMAIN CURRENT ON PROJECT COSTS REPORTING. ALL CLAIMS REQUESTING REIMBURSEMENT FOR OPERATING CAPITAL OUTLAY (OCO) ITEMS HAVING A UNIT COST OF $500 OR MORE AND A USEFUL LIFE OF 1 YEAR OR MORE MUST BE ACCOMPANIED BY A COMPLETED NON-EXPENDABLE PROPERTY FORM SIGNED BY THE SUBGRANTEES' PROPERTY CUSTODIAN. IF LOCAL ACCOUNTING PROCEDURES REQUIRES OCO REPORTING AT A LESSER AMOUNT THAN THE $500, LOCAL REQUIREMENTS SHALL BE ADHERED TO. REIMBURSEMENT REQUESTS SHALL BE SUBMITTED IN DETAIL SUFFICIENT FOR A PROPER PRE-AUDIT AND POST-AUDIT THEREOF. /-------------------------------------------------------------------------\ H. ACCEPTANCE AND AGREEMEIIT I (CONTINUED) I I I I I I I I I 18. PROPERTY ACCOUNTABILITY. THE GRANT RECIPIENT SHALL ESTABLISH I AND ADMINISTER A SYSTEM TO CONTROL, PROTECT, PRESERVE, USE, I AND MAINTAIN AND DISPOSE OF ANY PROPERTY FURNISHED IT BY THE I BPSM OR PURCHASED PURSUANT TO THIS AGREEMENT IN ACCORDANCE I WITH FEDERAL PROPERTY MANAGEMENT STANDARDS AS SET FORTH IN I OMB CIRCULAR A-102, ATTACHMENT N OR OMB CIRCULAR A-I10, I I ATTACHMENT N. THIS OBLIGATION CONTINUES AS LONG AS THE I I PROPERTY IS RETAINED BY THE GRANT RECIPIENT, NOTWITHSTANDING I I THE EXPIRATION OF THIS AGREEMENT. I I I I 19. DISPUTES AND ApPEALS. ANY DISPUTE, DISAGREEMENT OR QUESTION I I OF FACT ARISING UNDER THIS AGREEMENT SHALL BE DECIDED BY THE I I BPSM IN WRITING AND SHALL BE DISTRIBUTED TO PARTIES CONCERNED. I I A WRITTEN APPEAL SHALL BE MADE WITHIN 21 CALENDAR DAYS TO THE I I SECRETARY OF THE DEPARTMENT OF COMMUNITY AFFAIRS, WHOSE I I DECISION IS FINAL. THE GRANT RECIPIENT SHALL PROCEED DILI- I I GENTLY WITH THE PERFORMANCE OF THE AGREEMENT AND IN I I ACCORDANCE WITH THE BPSM DECISION. THE GRANT RECIPIENT'S I I RIGHT TO APPEAL IN THE DEPARTMENT'S DECISION IS CONTAINED IN I I CHAPTER 120, FLORIDA STATUTES, AND IN PROCEDURES SET FORTH I I IN CHAPTERS 28-5 AND 9-5, FLORIDA ADMINISTRATIVE CODE. ApPEALS I I MUST BE RECEIVED IN WRITING WITHIN 21 DAYS OF NOTIFICATION OF I I THE DECISION. THE WRITTEN APPEAL MUST BE SUBMITTED TO THE I I DEPARTMENT OF COMMUNITY AFFAIRS CLERK (AGENCY CLERK). I I FAILURE TO APPEAL WITHIN THIS TIME FRAME SHALL CONSTITUTE A I I WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. I I I I 20. CONFERENCES, INSPECTION OF WORK. CONFERENCES MAY BE HELD AT I I THE REQUEST OF ANY PARTY TO THIS AGREEMENT. A REPRESENTATIVE I I OF THE BPSM, U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE I I ASSISTANCE, OR ALL SHALL BE PRIVILEGED TO VISIT THE SITE FOR I I THE PURPOSE OF INSPECTION AND ASSESSMENT OF WORK BEING I I PERFORMED AT ANY TIME. I I I I 21. PUBLICATIONS, PRINTING, OR REPORTS. I I I I A. BEFORE PUBLICATION OR PRINTING, THE FINAL DRAFT OF ANY I I REPORT OR REPORTS REQUIRED UNDER THE AGREEMENT OR I I PERTAINING TO THE AGREEMENT SHALL BE SUBMITTED TO THE I I BPSM FOR REVIEW. I I I I B. EACH PUBLICATION OR OTHER PRINTED REPORT COVERED BY I I PARAGRAPH 21.A ABOVE MUST INCLUDE THE FOLLOWING STATE- I I MENTS ON THE COVER PAGE: I I I I I I I I I \-------------------------------------------------------------------------/ 17. OWNERSHIP OF DATA AND CREATIVE MATERIAL. THE OWNERSHIP OF MATERIAL, DISCOVERIES, INVENTIONS, AND RESULTS DEVELOPED, PRODUCED, OR DISCOVERED BY THIS AGREEMENT IS GOVERNED BY THE TERMS OF OMB CIRCULAR A-102, ATTACHMENT N, PARAGRAPH 8 OR OMS CIRCULAR A-110, ATTACHMENT N, PARAGRAPH 8. I--~p----------'-----------------------------------------------------------\ H'. . ACCEPTANCE AND AGREEMENT I (CONTINUED) I I I I I I I I I I I I I I I I (1) "THIS REPORT WAS PREPARED FOR THE BUREAU OF PUBLIC SAFETY MANAGEMENT, DIVISION OF EMERGENCY MANAGEMENT, DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF FLORIDA IN COOPERATION WITH THE BUREAU OF JUSTICE ASSISTANCE, U.S. DEPARTMENT OF JUSTICE." (2) "THE CONCLUSIONS AND OPINIONS EXPRESSED IN THIS REPORT ARE THOSE OF THE GRANT RECIPIENT AND DO NOT NECESSARILY REPRESENT THOSE OF THE STATE OF FLORIDA, BUREAU OF PUBLIC SAFETY MANAGEMENT, DIVISION OF EMERGENCY MANAGEMENT, DEPARTMENT OF COMMUNITY AFFAIRS, THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE OR ANY OTHER AGENCY OF THE STATE OR FEDERAL GOVERNMENT." 22. THE GRANT RECIPIENT AGREES TO UTILIZE ALL NON-EXPENDABLE PROPERTY FOR CRIMINAL JUSTICE PURPOSES DURING ITS USEFUL LIFE OR REQUEST BPSM DISPOSITION. THE GRANT RECIPIENT SHALL ESTABLISH AND ADMINISTER A SYSTEM TO CONTROL, PROTECT, PRESERVE, USE, AND MAINTAIN ANY PROPERTY PURCHASED PURSUANT TO THIS GRANT. 23. EQUAL EMPLOYMENT OPPORTUNITY. No PERSON SHALL, ON THE GROUNDS OF RACE, CREED, COLOR, OR NATIONAL ORIGIN BE EXCLUDED FROM PARTICIPATION IN, BE REFUSED THE BENEFITS OF, OR BE OTHERWISE SUBJECTED TO DISCRIMINATION UNDER GRANTS AWARDED PURSUANT TO P.L. 89-564, NON-DISCRIMINATION REQUIREMENTS OF THE ANTI-DRUG ABUSE ACT OF 1988; TITLE IV OF THE CIVIL RIGHTS ACT OF 1964; SECTION 504 OF THE REHABILITATION ACT OF 1973 AS AMENDED; TITLE IX OF THE EDUCATION AMENDMENTS OF 1972; THE AGE DISCRIMINATION ACT OF 1975; AND THE DEPARTMENT OF JUSTICE NON-DISCRIMINATION REGULATIONS 28 CFR PART 42, SUBPARTS C, D, E, AND G. ANY STATE AGENCY, CITY OR COUNTY RECEIVING $500,000 OR MORE IN FEDERAL ANTI-DRUG ABUSE FUNDS MUST SUBMIT THEIR EQUAL EMPLOYMENT OPPORTUNITY PLAN TO THE BPSM. I I I I I I I I I I I I I I I I I I I I ______________________________________________________-------------------1 24. NON-PROCUREMENT DEBARMENT AND SUSPENSION. THE GRANT RECIPIENT AGREES TO COMPLY WITH EXECUTIVE ORDER 12549, DEBARMENT AND SUSPENSION (34 C.F.R., PART 85, SECTION 85.510, PARTICIPANT'S RESPONSIBILITIES). THESE PROCEDURES REQUIRE THAT THE GRANT RECIPIENT SUBMIT CERTIFICATION THAT IT WILL NOT ENTER INTO ANY LOWER TIER COVERED TRANSACTION WITH A PERSON WHO IS DEBARRED, SUSPENDED, DECLARED INELIGIBLE OR VOLUNTARILY EXCLUDED FROM PARTICIPATION IN THIS COVERED TRANSACTION, UNLESS AUTHORIZED BY THE BUREAU OF PUBLIC SAFETY MANAGEMENT, DIVISION OF EMERGENCY MANAGEMENT, DEPARTMENT OF COMMUNITY AFFAIRS. 25. THE STATE OF FLORIDA'S UNDER THIS CONTRACT IS BY THE LEGISLATURE. PERFORMANCE AND OBLIGATION TO PAY CONTINGENT UPON AN ANNUAL APPROPRIATION /-------------------------------------------------------------------------\ H;'. ACCEPTANCE AND AGREEMENT I . (CONTINUED) I I I I I I I I EACH PERSON SHALL FILE THE MOST CURRENT EDITION OF THIS CERTIFI-I CATION AND DISCLOSURE FORM, IF APPLICABLE, WITH EACH SUBMISSION I THAT INITIATES AGENCY CONSIDERATION OF SUCH PERSON FOR AN AWARD I OF A FEDERAL CONTRACT, GRANT, OR COOPERATIVE AGREEMENT OF I $100,000 OR MORE; OR FEDERAL LOAN OF $150,000 OR MORE. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I \_____________________________________________________--------------------1 THE RECIPIENT AGREES TO COMPLY WITH SECTION 319 OF PUBLIC LAW 101-121 AS PROVIDED FOR IN THE "GOVERNMENTWIDE GUIDANCE FOR NEW RESTRICTIONS ON LOBBYING; INTERIM FINAL GUIDANCE" PUBLISHED IN THE DECEMBER 30, 1989, FEDERAL REGISTER. 26. 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 PRE- REQUISITE 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 SUBMIT TO A CIVIL PENALTY OF NOT LESS THAN $10,000 AND NOT MORE THAN $100,000 FOR EACH SUCH FAILURE. THE UNDERSIGNED CERTIFIES, TO THE BEST OF HIS OR HER KNO~LEDGE AND BELIEF, THAT: (1) (2) (3) No 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 FEDERAL 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 RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN OR COOPERATIVE AGREEMENT. IF ANY NON-FEDERAL FUNDS HAVE BEEN PAID OR WILL BE PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF ANY FEDERAL 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 OF LOBBYING ACTIVITIES", IN ACCORDANCE WITH ITS INSTRUCTIONS. THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. { ". I . " " '. . (, (, l SWORN STATEMENT UNDER SECTION lS7.1JJ(J)(uJ, FLOIUDA STATtITES. ON Pqu~uc EN1TIY CRlMES nUs FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUDUC OR OTHER OFFICER AUTHORIZED TO ADMINISTER'OATHS. 1. 1bls sworn SlalClllent is submitted With Bid, Proposal or Co,ntract No. tor 2. Langton Associates, Inc. [DlLIDO or enllty subminlng sworn slatement) 4244 St. Johns Avenue Jacksonville, Florida 32210 ~d 1bls sworn Slalement is Submitted by whose business address is (it applic:able) lIS Federal Employer Identiflc:atiOD Number (FEIN) is ' . 59-224-7694 (If the entity has DO FEIN. iDcIude the Social Security Number at the Individual signing this sworn 3. slalement: My name is MilOhael Langton [plcuo print namo or lndh1dual slgninl:l entity named above II President I Ilndersland that a 'pllblic entity crime' as dclined In Paragraph 287.133(1)(g), Florid. Swtut.... means a violation at any Slate or. tedcrallaw by a person With respca 10 ~d directly related to the transaction of business With any public entity or with an agency or political subdivision of any other state or With the United Stales, inCluding. bUI not limited to, any bid or COntr:1Cl (or goods or services to be provided to any pllblic entity or an agency or political sllbdivision o( any other state or of the United States and involving antitrUSt, fraud, theft, bribery. collUSIOn. racj(elccnng, conspiracy, or malerial misrepresentation. .) and my relationship to the 4. 5. I understand thaI 'COnvicted' or 'conviction' as dclined in Paragraph 287.133(1)(b). florida St:Jrults. means a linding of guilt or a conviction of a public entity crime, With or without an adjudicauon of guilt, in any federal or state trial coun of reCQrd relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, nonjury trial, or colI)' of a ple:t of guilty or noJo CQntendere. 6. I understand thaI an 'affiliate' as dctlned In Paragraph 287.133(1)(a), Florid. Swrutes. means: , 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control ot any natural person who is active in the management of the entity and who hI! been convicted of a public entity crime. The term 'affiliate' includes Ulose " officers, directors, executives, panners, sharehOlders, employees, members, and agents who are active in the m~nagemeDl ot an affiliate. Thc ownership by one person of shares CQnsutuling a coDlrolling intercst in another person, or a pooling of equipment or income among persons when not (or f~ir marlcer value under an arm's lengUl agreement, shall be ~ prima facie case that one person CQntrols anOther person. A pcrson who lcnoWingiy eDlers inlo a joinr venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 monthS Shall be considered an affilia te. 7. . undersland thar a 'person' as defined in Paragraph 287.133(1)(c), Florid. Swnlles me:tns ~ny natural person or entity organized under the l~ws of ~ny SLate or of the Uniled SLales wllh the legal power to eDler into a binding COntract and whie.b bids or applies 10 bill on CQDlracts (or the prOVISion of goods or services let by a pUblic entity, or which otherwise transacts or applies to :ransaCI business With a public entity. The term 'person' includes those officers, direCtors, execuliv.s:s, partners, shareholders. employees, members, and agents who are active in management o( an en illY, 8. Based on information and belief, the SLatement which J have marlcell below is lrue in relalion (0 Ihe eDlil)' SUbmitting tlUs sworn statement. [Pious. lollieote which storcroent. .pplics.) "Pfl b(= J {" '.. .-X.. Neither the entity submitting-uis sworn statemenl, lIor any officers. directors. cxecuuvcs. partners, shareholders, employees, members, or agelllS wbo are aCllve ill management of the ClItHy. nor any affiliate of lbe enury have: bt:.:n charged witll and conVlC1ed of a public cnuty c:nme subsequent to July 1, 1989. The enliry submitting this sworn statement, or ,.Olle or more of tile officers, directors. ( CieCiitivcs, partners, sbarcbolders, employees, members, or agenlS who arc active in management of the entity, or an affiliate of tile entity has been charged witll and conviC1ed of a public ellury cnme sUbsequent to July 1, 1989, ta.liIl [Pleue IndlcalC whlc:b alldlUonal SUllement applies.] _ Thero has been a pro<:eccllng concerning tile conviction before a hearing' officer or the State or Floriel&, Division of Al1miDisuauve Hearings. The final order enlered by tbe hearing officer did not place tile person or affiliate on tile conVlctcd vendor list. [please auac:b a cop)' oC !be f1Dal order.] _ The person or amuate was placed on tile lXlDvic:tcd vendor lis!. There has been a subsequent proc:eccling before a IleariDg officer of tile State of Aoriel&, Division or AdmillisualiYe Hearings. The lina1 order entered by tile hcanng officer determined Ulat it was in tile public Interest to remove tile persoll or affiliate from tile conVlC1ed vendor list. [Please anac:b a cop)' oC lbe final order.] ..:.- The person or affiliate has DOt been placed on the convicted vendor list. [please describe an)' ac:don Illitaa b)' or pend.In& wilb lbe Department oC General Services.] ftL!I..~J~ 8' ~I /9"0 Date: STATE OF COUNTY OF Florida Duval ( PERSONALLY APPEARED BEFORE ME, tile undersigned aulboriry, Michael Langton [name oC individual signing] who, after first being sworn by me, affixed hislher signature In the space provided above on this 1/ day oC (J, 'V" d:: . 19 q 0 ~....1 g? ....--- NOTARY PUBUC My commission expires: NOTARY PUBLIC, STATE OF FLORI!)A My commission expires Aug. 21. 19" Bonded thru Patterson. Becht Agencr NOTARY PUBLIC, STATE OF FLORI.:!A My commissioll expire!> Aug. 21, 19~3 Bonded thru Patterson ~ B6Chf Ag~ncy a For.:\ PUR 7068 (Rev. 11/89) c-