09HM-37-11-54-01-015 08/20/2008
Contract Number: 09HM-37-11-54-01-015
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tailahassee, Florida (hereinafter referred to as the "Division"), and
Monroe County Commissioners, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. 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 below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) iNCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on May 30, 2008 and shall end September 30, 2010, unless terminated
eariier 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
agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this
Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
"Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register
8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and
Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMB Circular No. A-122,
"Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization
on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
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Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall ailow the Division or its designee, the State
Chief Financiai Officer or the State Auditor General access to the records upon request. The Recipient shail ensure
that audit working papers are avaiiable to them upon request for a period of five years from the date the audit report
is issued, unless extended in writing by the Division. The five year period may be extended for the foilowing
exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and extends
beyond the five year period, the records shail be retained until all litigation, ciaims or audit findings involving the
records have been resolved.
2. Records for the disposition of non-expendable personai property valued at $5,000 or
more at the time it is acquired shail be retained for five years after final disposition.
3. Records reiating to real property acquired shail be retained for five years after the
closing on the transfer of title.
(c) The Recipient shail maintain ail records for the Recipient and for ail subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of ail program costs, in a
form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work _
Attachment A - and ail other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement, shail ailow access to its records at reasonable times to the Division, its
employees, and agents. "Reasonable" shail ordinarily mean during normal business hours of 8:00 a.m. to 5:00
p.m., local time, on Monday through Friday. "Agents" shail 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 generaily accepted accounting principles, to account for the receipt and expenditure of funds under this
Agreement.
(b) These records shail be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department or the Division. "Reasonable" shail ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shail provide the Department with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions
of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shail
consider all sources of Federal awards, including Federal resources received from the Division. The determination
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of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular
A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
in connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133,
as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.DarrishC1ildca.state,fl.us]
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-
133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter
issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.DarrishC1ildca.state.fl,us]
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and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient
when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-133
or Chapters 10.550 (local governmentai entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor Generai,
(I) If the audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of this Agreement, the Recipient shaH be held liabie for reimbursement to the Division of all
funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after
the Division has notified the Recipient of such non-compliance.
U) The Recipient shaH have all audits completed by an independent certified public accountant
(IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shaH state that the audit complied with the applicable provisions noted above. The audit must be received by the
Division no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shaH provide the Division with quarterly reports and a close-out report. These
reports shaH include the current status and progress by the Recipient and aH subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each quarter of
the program year and shaH be sent 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 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If aH required reports and copies 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 other
action as stated 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 shaH provide additional program updates or information that may be required by
the Division.
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(f) The Recipient shall provide additional reports and information identified in
Attachment F.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consuitants who are paid from funds provided under this Agreement, to ensure that time
schedules are being met, the Scheduie of Deliverables and Scope of Work are being accomplished within the
specified time periods, and other performance goals are being achieved. A review shall be done for each function
or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit
of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the
Division or the Department 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 Florida 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 timeiy 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 is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Division harmless against all claims of whatever nature by third parties arising from the work performance 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 which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. 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 further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after
any Events of Default without 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 is or becomes false or misleading in any respect, or if the Recipient fails to keep or
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perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division
and has not cured them in timeiy fashion, or is unable or unwiiling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financiai condition of the Recipient at any time during
the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from 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 compiete on time any of its obligations under this
Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the foilowing
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of the termination. The notice shail be effective when piaced in the United States, first class mail, postage
prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein;
(b) Begin an appropriate legai or equitable action to enforce performance of this Agreement;
(c) Withhoid or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes under
the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or the
extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. advise the Recipient to suspend, discontinue orrefrain from incurring costs for any
activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred for any
items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies wiil not stop the Division from pursuing any other remedies
in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or
fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of
the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the
Recipient.
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(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
on time, 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 continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state 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 receipt of the termination
notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of
Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient
for the purpose of set-off until 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 named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
Email: kathleen.marshall@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the administration
of this Agreement is:
Mr. Bob Stone, Public Works Director - Middle Keys
Monroe County Board of County Commissioners
5501 College Road
Key West, Florida 33040
Teiephone: (305) 797-1458
Fax: (305) 295-3672
Email: stone-bob@monroecounty-fl.gov
(d) In the event that different representatives or addresses are designated by either party after
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execution of this Agreement, notice of the name, title and address of the new representative will be provided as
outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the fully
executed subcontract must be forwarded to the Division within ten days of execution for review and approval. 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. The Recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this Agreement.
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.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the 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 - Statement of Assurances
Attachment D - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G - Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion
(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 $14,806.00 subject to the availability
of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up
documentation evidencing all such administrative costs.
(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.
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The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three
(3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal
OMB Circulars A-8?, A-110, A-122 and the Cash Management Improvement Act of 1990. 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 E. Attachment E will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
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 the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of
funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the
Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the
order of "Department of Community Affairs", and mailed directly to 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 the Division a service fee of $15.00 or 5% of the face amount of the returned
check or draft, whichever is greater.
(19) MANDATED 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 later submission or
response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or
any material changes shall, at the option of the Division and with thirty 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 be in the Circuit Court of Leon County. If any provision of this Agreement
is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the
extent of the conflict, and shall be 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
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shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, anyone of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,
42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of
disability in employment, public accommodations, transportation, State and local government services, and
telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatorv vendor list may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of reai property to a public entity, may not be awarded or
perform work as a contractor, suppiier, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being
placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federai, state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an expianation to this Agreement.
In addition, the Recipient shall send to the' Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each intended subcontractor which Recipient plans to fund under this Agreement. The
form must be received by the Division before the Recipient enters into a contract with any subcontractor.
(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.
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(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) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to
allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla.
Stat., which the Recipient created or received under this Agreement.
(I) 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 Division'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")]. 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 Division.
(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 of these meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance with
Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a,
unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of
any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
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grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents for
all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND
ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention
to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent
rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida.
If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division.
Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the
Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating 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 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.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and
that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also
certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this
Agreement.
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
1
OUNTY COMMISSIONERS
BY:
Name and title:
Mario DiGennaro, Mayor/Chairman
Date:
August 20, 2008
FID#
59-6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY: ~~
,...r-
Name and Title: W. C~g Fugate, Director
Date: il r/tt
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13
EXHIBIT - I
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $14,806.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities; include mitigation projects
that will result in protection of public or private property from natural hazards. Eligible projects
include, but are not limited to:
. Acquisition of hazard prone properties
. Retrofitting of existing buildings and facilities
. Elevation of flood prone structures
. Infrastructure protection measures
. Storm water management improvements
. Minor structural flood control projects
. Relocation of structures from hazard prone areas
. Retrofitting of existing buildings and facilities for shelters
. Vegetative management/soil stabilization
. Mitigation Planning Project
. Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the 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. For example, for Federal Program 1, the language
may state that the Recipient must comply with specific laws, rules, or regulations that pertain 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 OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Pro9rams and State Projects included in Exhibit 1 be provided to the Recipient.
14
Attachment A
Budget and Scope of Work
ScoDe of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County Board of County Commissioners, will
wind retrofit the Monroe County Detention Center, located at 5501 College Road, Stock, Florida 33140, by removal
and disposal of the existing overhead rolling doors and purchasing and installation of commercial rolling doors. If
deemed necessary, wind protection will be provided on any other openings such as skylights, vents, louvers and
exhaust fans. All installations will be done in strict compliance with the Florida Building Code:
Glazing in buildings shall be impact resistant or protected with an impact resistant covering meeting the
requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSI/DASMA 115 (for garage doors and rolling
doors) or Miami-Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows:
a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the
requirements of the Large Missile Test.
b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet
the provisions of the Small Missile Test.
c) Louvers protecting intake and exhaust ventilation ducts not assumed to be
open that are located within 30 feet (9144 mm) of grade shall meet
requirements of the Large Missile Test.
Impact-resistant coverings shall be tested at 1.5 times the design pressure (positive or
negative) expressed in pounds per square feet as determined by the Florida Building Code,
Building Section 1609 for which the specimen is to be tested.
All materials will be certified to meet the wind and impact standards of the current local codes. The local municipal
or county building department will inspect and certify installation according to the manufacture's specification, and
ensure that the above referenced standards have been met.
This is FEMA project 1609-136-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on September 30, 2010.
Schedule of Work
State Contracting:
Develop Specifications:
Procurement Process:
Fabrication Lead Time:
Installation:
Potential Disasters:
State Final Inspections:
State Closeout:
Total Period of Performance:
6 Months
1 Month
4 Months
2 Months
6 Months
3 Months
3 Months
3 Months
28 Months
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of
the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during
or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall compensate for the
materials and labor for the installation of storm shutters and/or other hardening activities as a retrofit measure for
the Recipient's building to reduce and/or mitigate the damage that might otherwise occur from severe weather or
other hazards. The funding of this project by the Department does not confer or imply any warranty of use or
suitability for the work performed pursuant to this agreement. The State of Florida disclaims all warranties with
regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or
conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality.
15
This project has not been evaluated by the criteria contained in the standards of the Department of Homeland
Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-Design and Construction
for Community Shelter, and thus does not provide "near absolute protection." It is understood and agreed by the
Department and the Recipient that the buifding may have vulnerabifities due to age, design and location which may
result in damage to the buifding from wind events even after the installation of the mitigation measures funded
under this Subgrant Agreement. It is further understood and agreed by the Department and the Recipient that the
level of wind protection provided by the mitigation action, although meeting State standards and codes and
enhancing the structural integrity of the buifding, does not ensure the safety of survival of buifding occupants.
Budaet
Line Item Budaet*
Materialsl (Commercial Rolling Doors):
Commercial Operator
In-Kind Labor - Door Removal and Disposal:
In-Kind Labor - Electrical:
Installation:
Shipping, Permits and Fees:
Sub-Total:
Administrative Cost:
Total:
Project Cost
$ 10,60000
$ 2,800.00
$ 400.00
$ 1,020.00
$ 3,200.00
$ 962.00
$ 18,982.00
$ 0.00
$ 18,982.00
Federal Share
$ 7,950.00
$ 2,100.00
$ 300.00
$ 765.00
$ 2,400.00
$ 722.00
$14,237.00
$ 569.00
$14,806.00
Local Share
$ 2,650.00
$ 700.00
$ 100.00
$ 255.00
$ 800.00
$ 240.00
$ 4,745.00
$ 0.00
$ 4,745.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this
Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not
increased.
Fundina Summary
Federal Share:
Local Share:
Total Project Cost:
$14,237.00 (75%)
$ 4,745.00 (25%)
$18,982.00 (100%)
Recipient Administrative Allowance up to $569.00.
16
OS/2S/2008
1413
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report wi Signatures
HMGP-OB-02
Disaster FEMA
No Project No
Amendment State
No Application 10
Action
No
Supplemental
No State
Grantee
160S
136-R
o
lS8
114
FL Statewide
Subsrantee MONROE COUNTY COMMISSIONERS
Subsrantee FIPS Code: 087-05202
PrOject Title MONROE COUNTY, DETENTION CENTER OVERHEAD DOOR
WIND RETROFIT
Total Amount Total Arnou nt Total Amount Total Amount Available
Previously Allocated Previously Obligated Pending Obligation for New Obligation
$14,237 $14,237 SO $0
Project Amount Grantee Admin Est Subgrantee Admin Est Total Obligation IFMIS Date IFMIS Status FY
$14,237 $74 $56S $14,880 OS/28/2008 Accept 2008
Comments
Date:
OS/28/2008
User Id DVANDEW1
Comment: HMO approves obligation
Date:
OS/27/2008
User Id: MARTHUR1
Comment: MA approves obligations and submit to HMO for approval
Authorization
Preparer Name: MARCELLE ARTHUR
Preparation Date: OS/27/2008
HMO Authorization Name: DAVID VANDEWATER
HMO Authorization Date: OS/28/2008
Slidina Scale Percentaae"
upto S100,000 3.00%
up to $1,000,000 = 200%
up to $5,000,000.00 = 1.00%
Excess 0.50%
1h-'
OS/29/2008
1413
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report wI Signatures
Disaster FEMA Amendment State Action
No Project No No Application 10 No
1609
136-R
o
Supplemental
No State
198
114
FL Statewide
HMGP-OB-02
Grantee
Subgranlee MONROE COUNTY COMMISSIONERS
Subgrantee FIPS Code 087-05202
Project Title: MONROE COUNTY, DETENTION CENTER OVERHEAD DOOR
WIND RETROFIT
Admin Calculation
Admin Cost Calculation: Sliding Scale
Justification:
//-1
~/ / .
, .. 7
(; /. /(... (~/ ./
,,1 Oftc"':/ I "
A(Jthori~ing icial SigrJiture
,
Calculation Percentage: N/A
rIA T ,/}/t
Authorizing Official Title
Authorizing Official Signature
Authorizing Official Title
Slidina Scale Percentaae:
up to $100,000 3.00%
up to S1,000,000 ~ 2.00%
up to S5.000,000.00 1.00%
Excess 0.50%
16-B
c/u; ;.;::
Authorization Date
Authorization Date
OS/29/2006
2:13 PM
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
Project Management Report
Disaster
Number
FEMA
Project Number
Amendment
Number
State
Grantee
App 10
HMGP-AP-Ol
Subgrantee"
FIPS Code
136 - R 0 198 FL Statewide
MONROE COUNTY COMMISSIONERS
067-05202 Project Title: MONROE COUNTY, DETENTION CENTER OVERHEAD DOOR WIND RE'
1609
Mitiaation Proiect Descriotion
Amendment Status: Approved
Approval Status: Approved
Project Title' MONROE COUNTY, DETENTION CENTER OVERHEAD DOOR WIND RET
Grantee County Name: Monroe
Subgrantee County Name; Monroe
Subgrantee: MONROE COUNTY COMMISSIONI
Grantee: Statewide
Grantee County Code: 87
Grantee Place Name: Monroe (County)
Subgrantee County Code: 87
Grantee Place Code: 0
Subgrantee Place Name: Monroe (County)
Subgrantee Place Code: 99087
Project Closeout Date: 00/00/0000
Work Schedule Status
Due Date Revised Date Comoletion Date
Amend #
Descriotion
Time Frame
o DEVELOP SPECIFICATIONS FOR BID 30 DAYS
o PROCUREMENT - PREPARE BID, SOLICITATIONS 120 DAYS
--- ...
o FABRICATION LEAD TIME 60 DAYS
o INSTALLATION (ALLOWING FOR VENDOR SCHE, 180 DAYS
- - -- - --- -------.
o STATE CONTRACTING PROCESS ,1~ DAYS
--- -.-------
o STATE FINAL INSPECTION 90 DAYS
------
o STATE CLOSE OUT 90 DAYS
-.----
o CONTENGENCY FOR POTENTIAL DISASTER ACT 90 DAYS
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
ADDroved Amounts
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000 00/00/0000
____ - __u___ _ _____,,____~._
- --- ------ - ----- -. - ---
00/00/0000 00/00/0000
00/00/0000' 00/00/0000
00/00/0000 00/00/0000
Total Approved
Net Eligible
$18,962
Federal Total Approved
Share Percent Federal Share Amount
75.000000000 $14,237
Non~Federal Total Approved
Share Percent Non~Fed Share Amount
25.00000000 S4,745
Allocations
Allocation IFMIS
Number Status
IFMIS
Date
ES Amend Proj Alloe Amount
Number Fed Share
Grantee
Admin Amount
Submission
Date
ES Support
Req 10
1389657
22
$14,237
FY
OS/27/2006 OS/22/2006 2006
32 A
Subgrantee
Admin Amount
Total
Alloc Amount
$74
$569
$14,860
Tolal
S14,237
$569
$74
$14,680
Obliaations
Action IFMIS IFMIS Submission ES Support ES Amend Suppl Project Obligated Grantee Admin Subgrantee Total Obligated
Nr Status Date Date FY ReqlD Number Nr Amt - Fed Share Amount Admin Amount Amount
A OS/28/2006 OS/26/2006 2006 1465556 114 114 $14,237 $74 $569 $14,860
Total $14,237 $74 $569 $14,660
16-C
OS/29/2008
2:13 PM
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
HMGP-EV-Ol
Environmental Report
Disaster
Number
FEMA
Project Number
Amendment
Number
App 10
State
Grantee
1609
Subgrantee
FIPS Code
136-R 0 198 FL Statewide
MONROE COUNTY COMMISSIONERS
087-05202 Project Title MONROE COUNTY. DETENTION CENTER OVERHEAD DOOR WIND RE-
FEMA Laws/EOs
Laws/EGs Status
Coastal Barriers Resources Act (CBRA) Completed
Clean Water Act (CWA) Completed
Coastal Zone Management Act (ClMA) Completed
Endangered Species Act (ESA) Compleled
Comment: No effect to any T & E species or habitat per project descriptjon.
-DGROVES-03/04/2008 21:14 GMT
Fish and Wildlife Coordinalion Act (FWCA)
Compleled
National Historic PreselVation Act (NHPA) Completed
Comment: The structure was built in 1994; therefore, no historic preservation exists.-DGROVES-03/04/200a 21 ; 14 GMT
Clean Air Act (CM)
Completed
E.O. 11988: Floodplains Completed
Comment: Project has been reviewed per 44 CFR Part 9.5. Project has limited potential to cause long-term adverse direct or indirect effects to the
floodplain or wetlands.-DGROVES-03/04/2008 21 :14 GMT
E.O. 11990: Wetlands
Completed
E.Q. 12898: Environmental Justice for Low Income and Minority Populations Completed
16-D
OS/29/2008
213 PM
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
HMGP-EV-01
Environmental Report
Disaster
Number
FEMA
Project Number
Amendment
Number
App 10
Slate
Grantee
1609 136-R 0 198 FL Statewide
Sub9ranlee MONROE COUNTY COMMISSIONERS
FiPS Code 087-05202 Project Title. MONROE COUNTY, DETENTION CENTER OVERHEAD DOOR WIND RE-
FEMA NEPA Process
FEMA Status
Catex - Completed
1 CATEX Type Code
{{.m ,:xlraordinary C1/,~'lImstallce e.ns's ,1IId !.:ads (0 a
Si:pl!Ji~\mt ':11\'irol/JlIl!nt.1f imp'lCl (st't! .J.JCFR in.s (J) f3n
.1/1 Em'inJfl.Ass':slIl<!nl shull h.: prepared
~~: No Extraordinary Circumstances Requiring an EA
Documentation Complete03/04/2008
15 Repair, replace, restore, retrofit. upgrade to current
codes and standards, or replace a facility (xv)
Standard Conditions
1. Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
2. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all
federal. state and focal laws. Failure to obtain all appropriate federal, slate and local environmental permits and clearances may jeopardize federal
funding.
3. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and jf any potential archeological resources
are discovered, will immediately cease construction in that area and notify the State and FEMA.
Comment:
This wind retro-fit project, described as installing commercial rolling doors at the above listed facility in the sub-grantee application, is
categorically excluded from preparation of an Environmental Assessment per 44CFR Part 10.8(d)(2)(xv) contingent on compliance with noted
conditions. The structure was built in 1994; therefore, no historic preservation exists,
Any changes to the approved mitigation measure or scope of work will require resubmission though the State to FEMA, and will require
reevaluation for compliance with the National Environmental Policy Act (NEPA) and Sec. 106 of the National Historic Preservation Act (NHPA)
prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability to fund this project.
-OGROVES-03/04/2008 21.18 GMT
16-E
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by
the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9,10,13,14,17,18,25,206,220, and 221, and any other applicable FEMA policy
memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described
in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with
the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds
indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved
project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes
and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance
and security for the project.
Any developmenl'permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive
plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes.
Funds shall be expended for, and development activities and land uses authorized for, only those uses which are
permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for
ensuring that any development permit issued and any development activity or land use undertaken is, where
applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection,
the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local
environmental or land use permitting authority, where required. Recipient agrees that any repair or construction
shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the construction
site to ensure that the completed work conforms with the approved plans and specifications and will furnish
progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then
Recipient shall ensure that,.as a condition of funding under this Agreement, the owner of the affected real property
shall record in the public records of the county where it is located the following covenants and restrictions, which
shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to
the project:
1. The property will be dedicated and maintained in perpetuity for a use that is compatible with open
space, recreational, or wetlands management practices;
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a designated open
17
space;
(b) a restroom; or
3. A structure that the Director of the Federal Emergency Management Agency approves in writing
before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any purpose
will be made to any Federal entity and no disaster assistance will be provided for the property by
any Federal source; and
5. If any of these covenants and restrictions is violated by the owner or by some third party with the
knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further
notice to the owner, its successors and assigns, and the owner, its successors and assigns shall
forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional Director
written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR
206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP
Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA
process. You are reminded that no construction may occur in this phase, that a full environmental review must be
completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing changes to the
approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget revision which
result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the budget
implications; and
3. The Recipient must notify the State as soon as significant developments become known, such as
delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing
lower cost or earlier completion. Any extensions of the period of performance must be submitted to
FEMA 60 days prior to the project expiration date.
STATEMENT OF ASSURANCES
The Recipient assures that it will comply with the following statues and regulations, to the extent applicable:
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
4) OMB Circulars A-21 , A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,
18
Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
18) Juvenile Justice and Deiinquency Prevention Act, or the Victims of Crime Act
19) 28 CFR applicable to grants and cooperative agreements
20) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
21) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
22) Section 504 of the Rehabilitation Act of 1973, as amended;
23) Subtitle A. Title II of the Americans with Disabilities Act (ADA) (1990);
24) 28 CFR Part 42, Subparts C,D,E, and G
25) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
19
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement, and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action
authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management
(OEM), including all understandings and assurances contained in it, and directing and authorizing the
Recipient's chief administrative officer or designee to act in connection with the application and to provide
such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall
receive any share or part of this Agreement or any benefit. No member, officer, or employee of the
Recipient or its designees or agents, no member of the governing body of the locality in which the program
is situated, and no other public official of the locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year after, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with
the program assisted under this Agreement. The Recipient shall incorporate, in all contracts or
subcontracts a provision prohibiting any interest pursuant to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain
language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract
work completed prior to the date the notice of suspension of funding was received by the Recipient. Any
cost incurred after a notice of suspension or termination is received by the Recipient may not be funded
with funds provided under this Agreement unless previously approved in writing by the Division. All
Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for
the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that
mechanics and laborers (including watchmen and guards) employed on federally assisted contracts
be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees
be paid at least the minimum prescribed wage, and also that they be paid one and one-half times
their basic wage rates for all hours worked in excess of the prescribed work-week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto,
which provides that no person in the United States shall on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial
assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is provided or
improved with the aid of Federal financial assistance extended to the Recipient, this assurance
shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the
period during which the real property or structure is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of similar services or
benefits;
20
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975,
as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with
respect to otherwise quaiified handicapped individuals as provided in Section 504 of the'
Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations
issued pursuant thereto, which provide that no person shall be discriminated against on the basis of
race, color, reiigion, sex or national origin in all phases of employment during the performance of
federal or federally assisted construction contracts; affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff/termination, rates of payor other forms of compensation; and election for training and
apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have famiiy, business, or other ties pursuant to Section
112.313 and Section 112.3135, FS;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(i) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which iimits
the poiitical activities of employees;
(j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act
of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance
in communities where such insurance is available as a condition for the receipt of any Federal financial
assistance for construction or acquisition purposes for use in any area having special flood hazards. The
phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance;
(k) It will require every building or facility (other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal
Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings
and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for
conducting inspections to ensure compliance with these specifications by the contractor;
(I) It will, in connection with its performance of environmental assessments under the National Environmental
Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470),
Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.s.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the Florida Division of Emergency Management and the Advisory Council on
Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and
State entities in implementing Section 1 06 of the National Historic Preservation Act
21
(NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a historic
property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency
(FEMA) may require Recipient to review the eligible scope of work in consultation with the
State Historic Preservation Office (SHPO) and suggest methods of repair or construction
that will conform with the recommended approaches set out in the Secretary of Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
1992 (Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable
Secretary of Interior standards. If FEMA determines that the eligible scope of work will not
conform with the Standards, Recipient agrees to participate in consultations to develop,
and, after execution by all parties, to abide by, a written agreement that establishes
mitigation and recondition measures, including but not limited to, impacts to archeological
sites, and the salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to: subsurface
disturbance; removal of trees; excavation for footings and foundations; and installation of
utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks)
except where these activities are restricted solely to areas previously disturbed by the
installation, replacement or maintenance of such utilities. FEMA will request the SHPO's
opinion on the potential that archeological properties may be present and be affected by
such activities. The SHPO will advise Recipient on any feasible steps to be accomplished
to avoid any National Register eligible archeological property or will make
recommendations for the development of a treatment plan for the recovery of archeological
data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation with the
SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory
Council on Historic Preservation (Council) publication "Treatment of Archeological
Properties". Recipient shall forward information regarding the treatment plan to FEMA, the
SHPO and the Council for review. If the SHPO and the Council do not object within 15
calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the
treatment plan. If
either the Councilor the SHPO object, Recipient shall not proceed with the project until the
objection is resolved.
(6) Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in
the approved scope of work for a National Register eligible or listed property; (b) of all
changes to a project that may result in a supplemental DSR or modify an HMGP project for
a National Register eligible or listed property; (c) if it appears that a project funded under
this Agreement will affect a previously unidentified property that may be eligible for
inclusion in the National Register or affect a known historic property in an unanticipated
manner. Recipient acknowledges that FEMA may require Recipient to stop construction in
the vicinity of the discovery of a previously unidentified property that may be eligible for
inclusion in the National Register or upon learning that construction may affect a known
historic property in an unanticipated manner. Recipient further acknowledges that FEMA
may require Recipient to take all reasonable measures to avoid or minimize harm to such
property until FEMA concludes consultation with the SHPO. Recipient also acknowledges
that FEMA will require, and Recipient shall comply with, modifications to the project scope
of work necessary to implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
22
receive funding for projects when, with intent to avoid the requirements of the PA or the
NHPA, Recipient intentionally and significantly adversely affects a historic property, or
having the legal power to prevent it, allowed such significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and
1685 - 1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(0) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the
use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the
provisions of the state Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to the care,
handling, and treatmenl of warm blooded animals held for research, teaching, or other activities supported
by an award of assistance under this agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil
Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(v) It will comply with the Endangered Species Act of 1973,16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of
1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and
Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination;
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking
Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property
Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or federally assisted programs;
23
(dd) It will comply with the Wild and Scenic Rivers Act of 1968,16 U.S.C. 1271-1287, related to protecting
components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders; EO 11514 (NEPA); EO 11738 (violating facilities); EO
11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal Zone
Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.s.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations as
outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been contained
thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect
buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in
accordance with requirements of the U.S. Environmental Protection Agency, the Florida
Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and
lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks are to be
closed along with the number of wells and septic tanks located on each site. Provide
documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of
the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368),
Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part
15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
24
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIENT NAME: Monroe County Board of County Commissioners
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No: OEM Agreement No: 09HM-37-11-54-01-015
FEMA Trackina Numbers: 1609- 36-
Eligible Obligated Obligated Previous Current OEM Use Onlv
Amount Federal Non-Federal
100% 75% 25% Payments Request Aooroved Comments
i
I
1 R
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements
were made in accordance with all conditions of the Division agreement and payment is due and has not been
previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
GOVERNOR'S AUTHORIZED REPRESENTATIVE
ADMINISTRATIVE COST
$
APPROVED FOR PAYMENT $
DATE
25
Attachment D
( continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant:
Monroe County Board of County Commissioners
Disaster No. 1609
OEM Agreement No. 09HM-37-11-54-01-015
FEMA Tracking # 1609-136-R
Applicant's Date of delivery DOCUMENTATION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of 100%
Claim Check, or worker vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description of
services. the articles or services.
,
~._~._--_. TOTAL
--
26
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes beiow, if you are requesting an advance. if an advance payment is
requested, budget data on which the request is based must be submitted.. Any advance payment under this
Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the recipient within the initial three months.
[ ] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staft, 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.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
(A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2006-2007 2007-2008 2008-2009
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 03 HMGP Award
(Do not include match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
Recipient has no previous HMGP 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.
27
ESTIMATED EXPENSES
2008.2009.....--..-......
BUDGET CATEGORY Anticipated Expenditures for First Three Months of Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Exolanation of Circumstances:
28
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: Monroe Countv Board of Countv Commissioners Project Number # 1609-136-R
PROJECT LOCATION: Retrofit OEM 10 #: 09HM-37-11-54-01-015
DISASTER NUMBER: FEMA-1609-DR-FL QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 200_$
July-Sep, 200_$
Oct-Dec, 200_$
Jan-Mar,200_$_ Apr-June, 200_$_
Oct-Dec, 200_$
Jan-Mar, 200_$
Apr-June, 200_$_
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [] No
Describe milestones achieved during this quarter:
..
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [] Cost Unchanged
[] Under Budget
[] Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (OEM) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, otherwise you may be found non-compliant with your subgrant
award.
Name and Phone Number of Person Completing This Form
29
Attachment G
Warranties and Representations
Financial Manaqement
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 the source and use 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 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 to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
.
(6) Cost accounting records that are supported by backup documentation..
ComDetition.
All procurement transactions shail be done in a manner to provide 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 excellent 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, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must 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 empioyee, 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, 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 vioiations 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 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensinq and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all orthe particular work for which they are hired by the Recipient.
30
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, ' certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineiigible, or voiuntarily exciuded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shail attach an explanation to this form.
CONTRACTOR:
By:
Signature
Monroe County Board of Countv Commissioners
Recipient's Name
Name and Titie
09HM-37-11-54-01-015
Division Contract Number
Street Address
City, State, Zip
Date
31