Item C41
BOARD OF COtJNT'"/ cOr;'1J\HSSIO~~\PS
AGFr;DA jTLlVl SUl\11\-1ARY
:vlcdjng f1:1te:___M-ay 2JL 20()~___
lJivision:_ Acl,ninistratio1] Se1]!ic('~___ ___
Bulk fteln: Yes -.-X_
No
Department: Proiect ManagC111ent____ ___
~)taff Contact Person/Phone #: JelTY Barr:t~tt X4416
- .
AGENDA ITEM \VOR])ING: Approval of Modification #2 lu the State-Funded Subgrant
Agreelnent extending the date for federal funding fron1 May 8, 2009 to Decelnber 7, 2009, and for the
State funding fr0111 June 30, 2009 to June 30, 2010, for a new Emergency Operations Center (EOC).
ITEM BACKGROUND: On August 27,2007, $69,966 in federal funding was added to the State of
Florida, Division of Emergency Managelnent funding of $1,029,547, for a new Emergency Operations
Center. The federal funding is to expire on May 8, 2009, and the state funding is to expire on June 30,
2009. This Modification #2 extends the federal funding deadline to Decelnber 7, 2009, and extends the
state funding to June 30, 2010.
PREVIOUS RELEVANT BOCC ACTION: On June 20,2007, the BOCC approved execution ofa
State Funded Subgrant Agreement for the amount of $1 ,029,547.00 toward the design and construction
of a new County Emergency Management Operations Center. Also on June 20, 2007, the BOCC
approved to advertise for RFP's for professional services to design a new EOC. At the January 2008
meeting the BOCC approved Modification #1 to the Subgrant Agreement that added $69,966.00 in
federal funding for the hardening feasibility study. And on February 18 2009, the BOCC approved a
contract with Architects Design Group, Inc. for the design, contract documents, and project
administration of the proposed EOC.
CONTRACT/AGREEMENT CHANGES: Extending the expiration date for federal funding by 213
days, from May 8, 2009 to December 7, 2009 and extending the expiration date for state funding by
one year, from June 30,2009 to June 30 2010.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: N/A
Indirect Costs
N/A BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes~ No AMOUNT PER MONTH Year
APPROVED BY: County Atty f o~urChaSing _ Risk Management_
DOCUMENTATION:
Included X
Not Required
AGENDA ITEM #H)
DISPOSITION:
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida DEM Contract #_
Effective Date: 5/20/09
Expiration Date: 12/07/09, 06/30/10
Contract Purpose/Description:
Modification #2 to Subgrant Agreement to extend the federal portion of the grant by
213 days, from May 8,2009 to December 7,2009, and extending the state portion by
one year, from June 30, 2009 to June 30, 2010
Contract Manager: Ann Riger X4549 Facilities Devel/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on OS/20/09 Agenda Deadline: 05/05/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,099,513 Current Year Portion: $ Revenue
Budgeted? YesO No 0 Account Codes: ~_~__-_
Grant: $ N/A _-_-_-_-_
County Match: $ N/A _-_-_-_-_
ADDITIONAL COSTS
Estimated Ongoing Costs: $-!yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
- - - -
-----
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Division Director _ YesO NoD
Risk Management ~ YesO NdlfD ~
O.M.B./Purchasing !i-f!j.Cfl YesONoItI ..- ~- )~ 07
County Attorney 5JN,bJ YesO N~~-?"Z~;ft.l
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
i;c, ,tract Number: 08-[1>30-11-54-01-039
MODIFICATION it /1 0 STATE-FUNDED SU8GRANT AGF~EEMEr~T
Thi5 Modification is made and entered into by and between the State of Florida, Division
of Emergency Management, ("tho Division"), and Monroe County (lithe Recipient") to modify the
Division's Contract Number 08-EC-30-11-54-01-039, dated August 27,2007 (lithe Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub grant of $1,099,513 of this grant $1,029,547.00 in state
funds and $69,966.00 in federal funds to Recipient; and
WHEREAS, the Agreement will expire on June 30, 2009; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by extending
the term through June 30, 2010 and to modify the Agreement by amending the federal Budget
and Scope of Work as set forth in the amended Revised Attachment A-Federal.
WHEREAS, the state funds of $1 ,029,547.00 must be expended on or before June 30,
2010, and the federal funds of $69,966.00 must be expended on or before December 7,2009;
and
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby extended through June 30,2010.
2. The Revised Budget and Scope of Work, Attachment A Federal, as contained in
Modification number 2 dated February 27,2008, is hereby amended by the second
Revised Budget and Scope of Work, Attachment A-Federal, to this Modification, which
are attached hereto and incorporated herein by reference. The Revised Budget and
Scope of Work, Attachment A-Federal, contains the additional provisions that apply only
to the added federal funding.
3. Attachment A-Federal, the Recipient understands that Phase I is approved with the
condition that no construction can begin until the results of the deliverables are reviewed,
and Phase II activities are approved. Failure to comply with this condition could result in
the loss of all funding for this project.
4. Final requests for reimbursement of state funds should be submitted no later than fifteen
(15) days after the termination date of the contract. Any requests received after July 15,
2010 may, at the discretion of the Division, not be reimbursed from this Agreement.
Reimbursement requests shall not be submitted by facsimile transmission.
5. However. availability of state funds after June 30. 2009. is continaent UDon leaislative
aDDroDriation beyond June 30.2009.
6. By May 15, 2010, the Recipient shall provide final project cost estimate data as set forth
in Table SW-2, certificate of occupancy, close-out documentation and final payment
invoice.
7. All provisions of the Agreement being modified and any attachments thereto in conflict
with this Modification shall be and are hereby changed to conform with this Modification,
effective as of the date of the last execution of this Modification by both parties.
1
3. All prcvisiC11 is not in conflict with this Modification rern3:;-i in full force <1nd cffcd, and are
to be preformed at the level srecified in the ftgreemcnt.
IN VVITNI~SS WHEREOF, the parties hereto have exp.cuted this document 8S of the
dates set out herein.
RECIPIENT: MONROE COUNTY
BY:
NAME & TITLE:
DATE:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Ruben D. Almaguer, Interim Director for the Division of Emergency Management
DATE:
2
Revised 1'.'1.:: chment P. - Federal
Budget (.nd Scope of vVork
As 3 HeJZard Mitigation Grant Program project, the Recipient, Monroe County. will comJuct a
Phase I engineering feasibility study to identify modifications needed to wind retrofit the new
Monroe County Emergency Operations Center, located at 9400 Overseas Highway, Marathon,
Florida 33050, above the Florida Building Code or Miami-Dade Specifications. Phase I will
provide funding for completion of design, surveying and permitting for this proposal. In order for
Phase II to be considered for funding, Phase I deliverables must include a complete proposed
budget and scope of work, along with engineering data from the study and engineering plans.
Phase I of this project is approved with the condition that the above list of deliverables will be
submitted for review and approval by the State and FEMA before Phase II is considered. No
construction work may begin until Phase II deliverables are reviewed and approved by FEMA.
Failure to comply with this condition can result in the loss of all funding for this project.
The Period of Performance for this project ends on December 7, 2009.
Schedule of Work
State Contracting:
Request for AlE Proposal & Review:
Bidding of Design:
Enaineerina/Architectural Desian:
Total Period of Performance:
3 Months
3 Months
3 Months
6 Months
15 Months
Line Item Budaet*
Survey, Engineering Design,
Environmental Permitting:
Sub-total:
Administrative Cost:
Total:
Project Cost Federal Share Local Share
$ 89.700.00
$ 89,700.00
$ 0.00
$ 89,700.00
$ 67.275.00
$ 67,275.00
$ 2.691.00
$ 69,966.00
$ 22.425.00
$ 22,425.00
$ 0.00
$ 22,425.00
* 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:
$67,275.00 (75%)
$22.425.00 (25%)
$89,700.00 (100%)
Recipient Administrative Allowance up to $2,691.00
3
T he materials and work funded pursuant to thi~ SubgranL 1\ greerm. 171 arc intended to decrea5e
the vulnerability of the building to property 10$s85 and ore ,<pecificdl/y not intended to provide for
the safety of inhabitants before, during or after 8 natural man made r.!is.1ster.
Tho funding provided hy the Division of Emergency Management I mcfer this subgrant shall
compensate for the materials and labor for the installation of .~torm shutters and/or other
hardening activities as u 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 usa 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.
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. 11 It is understood and agreed by the Department and the Recipient that the
building may have vulnerabilities due to age, design and location which may result in damage to
the building 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 building, does not ensure
the safety of survival of building occupants.
4
nJo~~\1n .c'I.1l~':,J:-"",., ~"'Yl...... " :i"J,:;):'::.'.,:.t"1 ~i.:b'-'::'!3:-_J
- .." ....-."".. .~....... . --....."" .......,;T":.J;~
This Modiflcallon is made and enlered Inlo by and between the Slale of Florida. Division
of Em8rgency Management, ("the Division.,. and Monroe County ("the RecipientS)
10 modify !he Dlvislon's Contract Number 08-EC.3o..11-54-01-G31. daled August 27, 2007 (.the
Agreement").
Contract Number: 08-EC-3o.11-54-01_038
MODIFICATION #1 TO STATE-FUNDED SUBGRANT AGREEMENT
WHEREAS. Ihe Division and !he Recipient have enlered Inlo the A!lI'88ment. PUrsuant 10
which !he Division has provided a subgrant of $1.029.547.00 In slale funds 10 Recipient; and
WHEREAS. Ihe Division now Inlends 10 PI'OVide addillonal funds 10 the Reciplenl of
$69,966.00 in federal funds; and
WHEREAS. the slale funds of $1.029.547.00 musl be expended on or before June 30.
2009. and the federal funds of 169.968.00 musl be 8llP8ndecl on or before May 8. 2009; and
WHEREAS. !he DIvision and !he Reclplenl desire 10 modify !he AGreement by amending
!he Scope of WOlf(. !he Budget and by adding !he lIppropriale federal atlachments.
NOW. THEREFORE. In COIl8IderaIlon of !he mutual PI'Omlses of !he P8rties coolalned
herein, the parties agree as follows:
,. Paragraph 17 of !he Agreement Is hereby amended 10 Increase !he IoIaI funding under
the Agreement to $1,099,513.00.
2. The Budget and Scope of Wor1l, Attachment A. 10 this Aclreement, Is hereby deleted in Its
enllrely. and !he RevISed Budget and Scope of Wor1l, Revfsed Altachment A-8181e and
Revised Attachment A-Federal. 10 this ModifIcation. which are atIached hereto and
illCCll'poratecf herein by reference. are IUbsllluted In Its piece and slead. The revised
Budget and Scope of WOlf(. Altachment A-Federal. conlalns !he addltlona' PI'OVIsIons thai
apply to the added federal funding.
3. Attachment A-FederaI. !he ReciPient undetslands Ihat Phase I Is lIpproved with !he
condition that no conslrucl/on can begn unll!he I'lI8U/ts of !he dellverables are revIelowld.
and Phase " actIvllles are lIpproved. Failure 10 comply Willi this condllion COUld I'88U/t In
the los, d all funding for this project.
4. Altachment E. Federal AudII Requirements. Is atIached hereto and iOCorporated herein
by reference. Attachment E Is required for compliance With federal standards.
5. Allachment F. Federal Recordkeeplng. is allached hereto and /nc:orporaled herein by
reference. Altachment F Is required for compliance with federal slandards.
B. Allachmenl G. Federal Slandard Conditions. Is altached hereto and incorporaled herein
by reference. Allachmenl G Is required for compliance With federal standards.
7. Allachmenl H. Federal lobbying Prohibition. is allached herelo and /ncorr1ora1ed herein
by reference. Allachment H Is required for compliance WiIh federal slandards.
8. Allachmenl I. Federal Certillcallon R8garding Debarment. SuSpension. 'neligibi/ity and
VoIunlary exclusion. is attached h8l'8lo and incorPCJraled herein by reference.
Allachmenl I is required for compliance with federal slandards.
f
9. Attachment J. Federal Statement of Assurances, is allached hereto and illCOrporated
herein by reference. Allachment J is required for compliance with federal standards.
10. All provisions not in conflict with this Modification remain In full force and effect. and are
to be performed at the level specified in the Agreement.
11. All proVisions d the Agreement being modified and any attachments thereto in conflict
with this Modlflcation shaH be and are hereby changed to conform with thie Modlflcation.
effective as 01 the dale of the 'ast execution 01 this Modlflcatlon by both parties.
IN WITNESS WHEREOF he Parties hereto have executed this document as 01 the
dates set out herein.
RECIPIENT:
BY:
NAME & TITLE: Ma
DA TE:
STATE OF FLORIDA
DMS'ON OF EMERGENCY MANAGEMENT
BY: (~,....~ ~
W. Craig Fugate, Director
DATE: 2{z,JOi{
.... ... : "'.'.. :~ -p>.-
2
RevIsed Attachment A State
Budget and Scope of Work
I. SCOPE OF WORK
A. The Recipient shall construct a County Em8l'gency ()perallons Center (EOC). Use d
grant funds shall be consistent with SectIon 1(1), Ch. 2006-71. laws d Florida. Grant funds shall
not be used for land acquiSition; purchase d equipment, furnishings, communicallons, 01'
operational Systems; or recurring expenditures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site
sUlVey and soil testing; necessary permits and fees; civil and S8IVlce utilities site work;
construction d the buildIng's subslructure, SUpel"slructure, sheJJ (exterior encJoaure) and Interior
construction; spec/a/ lnapecllona; mechanical, plumbing, elec:trlcaJ, conveying and security
systems; l/ghtnlng Pf'OleclJon; and redundant Infi'aslructure systems (e.g., eIectrlc !l8Il8rator,
unlnlerrupt/ble /IOW8r supply, potable water and W8Slewater systems, etc.).
8. The Rec:/pIent shall In a Umely manner prepare and submit a complete Hazard Mitigation
Grant Program (HMGP) applJcatlon, beneIIt-coet analysis, environmental review and such other
documentallon as necessary to determine eligibility and allowable costs under said grant
program.
C. The Recipient shall slate In writing that for a P8rlod d not leu than 15 years /ram the
dale d receipt d C8ftIffcate d OccuP8llCy the EOC will be dedicated for emetgency management
putposes. The EOC shaJJ remain demonalrabJy c:apabJe d being fuJJy activated within one (1)
hour d detection d an em8l'gency; reference Rule Chapter 9G-6, Florida AdmlnlslratJve Code.
"Emllf'gency Management Capablllt/ee Assessment ChecJdlst. .
D. The EOC shall be constructed With SUIlIcIent space to house P8Op/e and equIpment for
day-lo-day and sustained continuous em8l'QllnCy operallons, and C8pa/)/e d III' staffing for the
most axlenalve em8l'Qency antJcJP8led. At a minimum, the designated EOC functIona' area(s),
and essential shared-use area(s) " appllcabJe, shall be designed for an em8l'QllnCy 0Il8l'lItI0ns
slalf size d ~ /l8I'SOns per shift and a wor1csP8Ce IIoor area d.um grog sCll/8re feet.
E. At a mInimum, the EOC shal meet the hurricane hazard safety criteria eslabllshed In
SlJJndlllds for ~ EvllCUatIon Shelter Selection (ARC 4496).
F. The EOC and essential ancillary slructures and service equ""'ent shall be designed to
resIst the effects d a major hurricane. The wind load design requirements shall be In accordance
with the American Society d CM EngI.-. (ASCE) Standard 7, Minimum Design LOSds for
Buildings and Other Structures. The minimum wind design Crlterla shaJ' Include:
Design Wind Speec:J = 225 miles per hour (3 second gust)
Wind Importance Factor, I;: 1.00
Exposure Cafegory = C
Directlona';ty Factor, ~ = 1.00
Infernal Pressure Coefficient, GC~;: +/_ 0.18
All components and cladding assemblies necessary to maintain a Slro(:lurally enclOSec:/ COIldilion
and prevent rainwater intrusion shan be designed 10 meet !he wind dfl$ign Crlteria. Structural
melaJ decking and cladding materials shall be 22 gauge 01' thieker. Roc:,r COVer waterproofing
barriers shan meet the wind design crileria. loose roof ballast shaJJ not be used on the root
cover. Rooftop equipment shall be designed and installed to meet the Wind design criteria.
3
G. The foe and essential ancillary slruclures and service equipment shall resist penetration
by windborne debris impact At a minimum, aU exterior ehcIosure components, c/addlngs and
assemblies (i.e., walls, roofs,louvers, windOWs, doors, etc.) located within 60 feet in height above
finish grade shall meet the hUrricane windborne debris impact criterfa specified In the Department
of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Crileria, DOE-
ST0-1020-2002. That Is, the building enclosure must resISt Penetration by a nominal 2"x4'
lumber plank weighing 1 5 POUnds propelled at SO miles per hour (74 feet per second) striking
end-on and normal to the assembly surface, CJ( equivalent performance as approved by the
Division. As applicable, Impact test JlI"OC8dures shall be consistent with recognIZed state and
national standards; such as, Test Standard for Del8rmlnlng II7IpBct Resistance /'tom Wfndbome
Debris SSTO 12. American SocIBIy of Testing and Material. (ASTM) Standards ASTM E 1888
and ASTM E 1998, and Florida Building Code Testing Protocols T AS 201, T AS 202 and TAS
203. The impact test J)IOCedures may be modified as I18C8$sary to accommodate the required
missile weight and velocity.
H. The fo/fowIng Information related to wind loads and lIooding shall be shown on the
conslructlon drawings: 1. wind design per ASCE 7 with applicable ~ of revision; 2. design wind
speed; 3. wind ImPCll1ance factor, I; 4. design wind 8XpOsure ,category, 5. wind dlrectionaJlty
factor. K.t; 8. design Internal pressure coefflcIent. GC,.,; 7. design wind /lI'8SSures in terms of
POUnds per square foot (P8f) to be Used for the design of exterior comJlOflent and daddlng
materials not speciflcany designed by the principal licensed design prof8S8/ona/; 8. windborne
debris Impact PBri'ormance criterla; 9. finish IIoor Blevatlon measured relative to the National
GeodBtlc Vertical Datum (NGVO); and comparfaon reference ,of the finished floor elevation to the
base IIood eIevalfon, CJ( hlstoricalllood elevation If basellood elevation Is not determined.
I. The row.t floor for the EOC and essential anc/J1aIy slructu.... and 5efV1ce equipment shall
at a minimum be eJevated above: Category 5 hurricane storm SIII'ge eIevatJon plus 20 P8f'C8n1;
the base IIood elevation plus Ihree (3) feet; the SOO-~ (0.2 J)erCent annual chance) IIood
elevation (If determined) plus two (2) feet; the h/ghest I'IIC:llrded IIood elevation plus Ihree (3) teet
If the area Is not In a m8pped spec/a/ IIood hazard area; whichever Is greater. The site (point
maxImum, one square mite) hydr%gJc design shal ensure Ihat the EOC and essentlaJ 8ncIIIary
slruclures and 5efVice equIpment are not IIooded due to a 24 hour. 37.0 Inch ralnfaJJ event
applied over a precedent 24 hour, 100-ye.. rainfall event
J. W,*" S8COndary (emergency) roof drains CJ( scuppers are required by the Florida
BuIlding Code-PIumblng, the sllCOndaly system shaI be sized for a ra/nfaJ/ rate of eleven (11.0)
Inches per hour.
K. The EOC shall be designated as a IhreshoJd buNding. and speeja/ slrucluraJ InsP8Cllons
required. Special InsP8Cllons shall be conducted In compliance wilh section 553.79, Aorlda
Statutes and other applicable statutes, 'aws and rules.
l. The EOC shall at a minimum be des/gnad for 72 hours of self-i:Olllained continuous
operation and shaN not be solely reliant upon off-site servtces and utilities (e.g., water, natural
gas fuel, electricity, etc.)
M. FCJ(cs protection and security measures shaJI be consistent with /he guidance published In
Florida's Homeland StJCtHiIy Comprehtlnsive AsstIS8I118nt Model (HLjSCAAf), United Slates Air
Force Installa/ion Forr:e ProIBcHon Guide. CJ( other federal CJ( state r~lzad best-practices
gU;de(s) as approved by the Division.
N. The Recipient shan prOvide an inilial limeline and est/mated rtimbursement allocation
schedule. Table SW-1, "Initial Timeline and Estimated ReimbursemMl Allocation SchedUle- CJ(
other similar instrument as approved by the Division may be used.
4
O. During design and construe lion phases of the E<i>C project, the Recipient shall track and
provide construction cost data for the designated EOC area as detailed in Tab'e SW-2, .Cost
Data for County ~mergency Operations Center."
II. P~OQUCT ITEMI
A. Per ilem l.N, Recipient shall prepare an Initla/timel/ne with key mUestone actlvlllesltasks
schedule, including estimated start and end dates for each activity, and an estlmale of stale
reimbursement request for each acl/vlty. Table SW-1 may be used 10 meet this P/'Oduct item.
B. Per item t.C, Recipient shall submit a binding written stalementthat the EOC will be
dedicated for a period 01 not 'ess than1S years for emllrgency mlll1agement PUrllOSes, and
demonstrably capable of being funy acllvated within one (1) hour 01 detection 01 an emllrgency.
C. The Recipient shall provide one (1) copy each 01 site survey, site master plan, spatial
needs assessment, and schematic design plan or preliminary design drawings for review and
comment by the DIvIsion. The spal/a/ needs assessment and schemallc design plan/preliminary
design may be consolidated Into one document.
D. The Rec/plent shall provide one (1) set 01 SUbstanllan.- complete (approximately 70
Jl8I'Cent) Preliminary design conslructlon drawings and sPecltlcaIlons for the EOC and essential
ancillary slruclures for review and comment by the DivIsion. The conslructlon drawings shall
Include site survey Information, landscaping. civil, architectural, Slruclural, mechanical, plumbing,
and electrical draWings.
E. The RecIpient shall provide one (1) set 01 bId-ready conslructlon draWIngs and
sP8Clflcatlons for the EOC and essential anellllll)' structures for review by the DIvision. The
conslrucl/on draw/nga &halltnclUde site survey Information, landscaping, cMI, architectural.
slnJctural. mechanical, plumbing, and e1ectrlca1 drawings and shall be certItIed by the applicable
registered or licensed deSign professlonalCs) of record.
F. The conslrucl/on drawings shall demonstrate that the Eoe WIll meet the hurrlcane hazard
safety criteria 01 ARC 4498, and the wind load, wlndborne debris Impact, IIood and securfty
design requltemenlll set forth in Item. f.E through tAl. Falure 10 SlIpp/y the required
documentation, or disapProval 0I1h1s documenlal/on by the Division, shall result In denial 01
fund..
G. Per Item I.B. RecIpient shall Submit a complete HMGP apptlcallon, benetIt~t anal~Is,
environmental review and SUCh other documentation as Il8CesS8l)' 10 determine e1/g1b1,1Iy and
cost allowances under said grant program. The Rec/pIenf shall also providelwo cost estimates
prepared by one or more certlIled conslructton contractors that document the cost 01 constructing
the facUlty 10 meet CUrrent building code wind and IIood design requirements, and the cost
premium 01 constructing the facility 10 the abov8-COde wind and "00d requltements set forth In
items I.e through '.J.
H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be
used to meet this product item.
I. The Recipient shall proVide the Division with copy(s) 01 P8rIInent construction permits, the
threshold inspection final report, and the certificate 01 OCCUpancy upon complellon 01 the
construction project.
5
HI. SCHEDULE QF WO~
A. By June 30,2007, the Reciplenl shall provide the Division with Product lIems A and B fOf'
review and approval. Failure 10 supply the required documentation, or disapproval of this
documentation by the Division. shall result In denial of funds.
B. By Seplember 30, 2007 and al 'easl on a quarterly basis Ihereafter, Reciplenl shall r8porl
on progress /n relation to the /nillal limellne, and submit Product lIems C through H in a IImely
manner as accomplished. The Division shall be provided 30 calendar days 10 review and provide
comments of product items pertaining 10 compliance with the SCOpe.d-work. The Reclplenl shall
also submillnvolces for reimbursement fOf' work accomplished In accordance with the Division
approved coal relmbursemenl allocation schedule referenced In Product l/em A.
C. By a mUlually agreed upon dale, the Reclplenl shall provide the Division with Product
lIem F fOf' review and approval. Fa.ure to supply the required documenlallon, or disapproval ot
this documentation by the DivIsion, shall result In denial or reductton of funds alUle sole
discretion of the Division.
D. By May 15, 2009, the Recipient shall provide final project coat esllmale data lIII set forth
In Table SW-2, certItIcate of occupancy, cfose.out documentation and final payment '1lVO/ce.
8
,
Table SW-1. InitIal nmellne and Eat/mated Reimbursement AllocatIon Schedule
County Name: Manr.
PROJECT PHASE Start Date End Oat. DEM Fund. Other Fund.
Board Contract
~oval
Initial Payment of
20% In flrst Quarter
A&E Finn Selection
Sit. Survey and Soli
Testlng
Spatial Needs
Assessment
Preliminary Design,
70% com~ete
Preliminary Design,
100% conmlete
~Ia~ Review
Bid Oocument(s)
Development &
Award
Notice to
Pr~b"lzatlon
Constructfon ProJ8Ci
Management &
S~1aI 'n~tIons
Construction 25%
Complete
Conslructlon SO%
Com~
Conltructlori 100%
Com~
Conti
Administrative F...;
maximum of 5%
Sub- Total, I $1,099,513
TOTAL Estimated
Prolect Cost
Table SWot. Initial TIme/lne and Estimated Reimbursement Allocallon Schedule
A&E - Atchlleclura/ and Eng/neerlng; OEM - OIvISIon 01 Emergency Management; FY _ FISCal
Year
7
Table SW-2. r
Cost Data for County Emergency OperatIon. Cent.r
County Name: MonrQl
NO. , System/Component Description Estimated
Cost
A. SUBSTRUCTURE
1010 FOUndation I
1020 SIab-on-Grade
2010 Excavation
2020 Basement Walls
2030 Elevated Foundation
B. SHELL (ENVELOPE]
810 SUj)8I'Structure
1010 Floor Construction
1020 Roof Construction
1030 Structural Frame
1040 Load-Bearma Wall
820 Exterior enclosure
2010 Exterior Wall. I L
2011 Veneer/Cladding
2012 Louvers
2020 Exterior Windows
2030 Exterior Doors
830 Rooting
3010 Roof Coverings I
3020 Root OJ)8l1Jnga
3021 Soffits
C. INTERIORS
1010 Partltiona ,
1020 Interior Doors
1030 Fittings
2010 Stair Construction
3010 Wall FInishes
3020 Floor Finish..
3030 Ceiling Finish..
D. SERVICES
01 0 Conve~f1g
1010 elevators & lifts I 1
1020 Escalators & Walks I 1
020 Plumbil'!ll
2010 Plumbing Fixtures I
2020 Domestic Water
Distribution
2021 Back-up Potable
Water S.>>tem
2040 Rainwater Dra;n~e J
030 HV AC
3010 EnerllY Supply I ,
3020 Heatif1g Sj'stem
3030 CooI;~ Sj'stem I
Tab'e SW-2. Cost Data for County Emergency Operations Center'
8
3050 T arm inal & Package
Units
3090 Other HVAC SYS.
040 Fire Protection
4010 Sprinkler S~.
4020 Standpipe Sys.
4030 Other Sys.
050 electrical
5010 elee. Service & r
Olstribu lion
5020 lighting & Branch
Wiring
5030 Communications &
Security
5090 Other fl8C. Svs.
5091 Generator Sw.
5092 UPS Swa.
E. EQUIPMENT & FURNISHINGS
1010 Comm"claI EquIp.
1020 Institutional Equip.
1030 Vehicular EquiD.
1090 Other EaulD.
1091 AudlolVldeo Equip.
1092 S~laI Telecom
1093 Information Tech.
1094 Geo. Info. SyS.
F. SPEC~lCONSTRUCnON
1041 Generator Enclosure I r
1042 Comm. Tower
1043 HellmId
1090 Other
G. BUilDING SITEWORK
1010 Earthwork
1020 Roadway & Parking
1030 Drainage & FlOOd
Control
1040 Security Measures
1090 Other Sitework
9
Revised Attachment A - Fed.ra'
Budget and Scop. of Work
As a Hazard Mitigation Granl Program project, !he Recipient, MOI1IOe Counly, wiD conducl a
Phase I engineering feaslblllly Sludy 10 Identify modlticallons needed 10 wind reIrolil!he new
Monroe Counly Emergency Operations Cenler, Iocaled al9400 Overseas Highway, Maralhon,
Florida 33050, above Ihe Florida Building Code or Miami-Dade SP8CiIlcallons. Phase I will
provide funding for completion of design, surveying and permllllng for Ihls proposal. In order for
Phase lito be considered for funding, Phase' dellverables musl'nclude a complete proposed
budget and scope of work, along wilh engineering data from Ihe Sludy and engineering plans.
Phase , of IhIa project Is apPl'OVed wilh !he COndltlon Ihat /he above Iill of del/verablea will be
submilted for review and approval by /he Slale and FEMA before Phase ilia considered. No
COOIIruction work may begin unlll Phase II dellverab1es are reviewed and approved by FEMA.
Fallul'lt 10 comply with IhIa condition can result In /he Iou of all funding for Ihls project.
The Period d Perlormance for this project ends on May 8, 2009.
SCheduI. of War,
State Contracting:
Request for AlE Proposal & Review:
Bidding of Design:
Ena'neerfnalArch,tecturSl' Des'a~
Total P....od of P.rformance:
3 Months
3 Months
3 Months
8 Monltl,
15 Months
LIne It.... Buda-C.
Survey, Engineering Design,
Environmental Permitting:
Sub-tot..:
Admln..tratlve Cost
Tot..:
Project Coat Fed.r.' Share Local Sha,.
S 89.700.00
S 89,700.00
S O.QQ
S 89,700.00
S 87.275.00
S 87,275.00
S 2.891 0Jl
S 89,968.00
S 22.425.0Q
S 22,425.00
S O.~
S 22,425.00
· Any line Item amount in this Budget mey be incrnsed or decreB88d 1tn6 or Is.. W/Ihout an
amendment to this A(JfHment being requhd, so long u the 0II8r'a/I amount of the fund.
obligated under this AtTHment Is not increased.
Fundlna Summa(l
Federal Share:
local ShSlre~
Total Project Cost:
$87,275.00 (75%)
522.425.00 (25%)
$89,700.00 (100%)
Recipient Administrative Allowance up to $2,691.00
The materials and work funded pursuant to thi6 Subgrant A(lf'Hment artI intended to decrease
the vulnerability of the bulk/lng to /1I'OP8rly /ossall and BrtI specifically not Intended to provide for
the safety of inhabitantll before, during or alter a natural man made dlaaster.
The funding provided by the DMllion of Emergency Management under thlll SUbgrant shall
compenllate for the materialll and labor for the installation of storm shutterll and/or other
10
hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the
damage that might othfHWise occur from severe weath6r or other hazards. The funding o( this
project by th6 Department does not con,," or imply any warranty of use or suitability for the work
perforrnecJ pursuant to this agreement. The State of Florida dIsclaims all warranties with regard
to this mitigation project, express or imp/led, including but not limited to, any implied warranties
and/or conditions of setisfactory quality and fitness for a particular purpose, merchantability, or
merchantable quality.
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 Departmem and the Recipient thet the
buIldIng may h6ve vulnerabHitles due to age, design and location which may result In damage to
the building from wind events even after the InstaHatlon of the mitigation measures funded under
this Subgrant Agreement. It is further understood and agreed by the Department and the
Recipient thet the level of wind proIecI/on provided by the mitigation action. although meeting
State standards and codes and enhsncIng the structural /ntagrIty of the buHd/ng. does not ensure
the safety of survival of building OCcupant..
11
Attachment E
Feder., Audit Requirement.
If the Recipient is a State or local government or a non-proflt organization as defined in
OMS Circular A-133. as revised, and in the event that the Recipient expends $500,000 Of' more In
Federal awards In its flscal year, the Recipient must have a single Of' program-specific audit
conducted in accordance with the provisions of OMS Circular A-133, as revised. EXH/SIT 1 to
this Agreement Indicates Federal resources awarded through the Division by this Agreement. In
determining the Federal awards expended In Its flscal year, the Recipient shall consider all
sources of Federal awards. The determination of amounts of Federal awards expended should be
in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the
Recipient conducted by the Auditor Genera/In accordance with the provisions of OMS Circular A-
133, aa revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed In IhIs Paragraph 8 Cd) above, the
Recipient shall fulfUI the requirements relative to audltee responsibilIties as PI'OVIded In Subpart C
of OMS Circular A-133, aa revised.
If the Recipient expends tess than $500,000 In Federal awards in Its flscal year, an audit
conducted In accordance with the provisions of OMS Circular A-133, as revised, is not required.
In the event that the Recipient expends less than '500,000 In Federal awards In Its flscal year
and elects to have an audit conducted In accordance with the provisions of OMS Circular A-133,
as revised, tha cost of the audit must be paid from non-Federa/ resources (I.e., the cost of such
audit must be paid from Recipient resources obtained from other Ihan Federal entities).
Copies of reporting packages for audits conducted In accordance with OMS Circular A-
133, as revlsec/, and required by subf)8l'l1gl'aph Cd) above shall be SUbmllted, when required by
SectIon .320 Cd), OMS Circular A-133, as revised, by Of' on behalf of the Recipient ~lrecllr to lI8Ch
of the fol'owIng:
Department d Community Affal,..
OffIce of Audit Services
2555 Shumard Oak Boulevard
T allahas..., Florida 32399-2100
(an electronic copy shall aI80 be aubmlCtM to au"'I&P8II'IshQdCll.state.".uSJ
and
Division of Emergency Management
Bureau of Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated In OMS Circular A-133. as rev/sed (the number of
copies required by Sections .32O(d)(1) and (2), OMS Circular A-133, as revised. should be
submitted to the Federal Audit Clearinghouse), at the follOWing address:
Federa' Audit Clearinghouse
Bureau of the Census
1201 East 10'" Street
Jeffersonville. IN 47132
Other Federal agencies and pass-through enl/lIes in accordance With Sections .320 (e) and (t).
OMS Circular A-133. as revised.
12
Pursuant 10 Section .320 (f), OMS Circular A-133, as revised, the Recipient shall submit a
copy of the reporting Package described in Sect/on .320 (el, OMS Circular A-133, as revised, and
any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
{an electronic copy shall also be submitted to aurtll..parrtsh@dca.state,,,.usJ
and
Division of Emergency Management
Bureau of Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
13
Attachment F
Federa' Recordk..plng
As applicable, Reclpienrs performance under this Agreemenl shall be subject 10 lhe federal
Common Rule: Uniform AdminlslraUve Requiremenls for Slate and local Govemmenls" (53
Federal Regisler 8034) or OMS Circular No. 4110, "Granls and Agreemenls with Institullons of
Higher Education, Hasp/lals, and Other Nonprofil Organizallons," and either OMS Circular No. A-
87, "Cast Principles for Slale and local Govemm enls , " OMS Circular No. A-21, "Cost Principles
for Educational Insulutions," or OMS Circular No. A-122. "Cost Principles for Nonprofll
Organizations." If this Agreemenl Is made with a commercial (for-profit) organization on a cost-
reimbursement basis, the Reclplenl shall be subject 10 Federal Acquisition Regu'aliona 31.2 and
931.2.
14
Attachment G
Federa' Standard Conditione
With respect to any Recipient which ;s not a local govemment ex stale agency,
and which receives funds under this Agreement from the federal government, by signing this
Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, ex voluntarily excluded from covered transactions by a federal department ex
agency;
2. have not, within a flve.year period preceding this proposal been
convicted of ex had a civil judgment rendered agalnstlhem for commission of fraud ex a criminal
offense In oonnecUon with obtaining, attempting to obtain, ex performing a public (federal, state ex
focal) transaction ex contract under public transaction; violation of federal ex stale anUlrusl
statutes ex commission of embezzlement, theft, forgery, bribery, falsification ex deslructlon of
records. making false statements, or receiving stolen property;
3. are not presentfy indicted or otherwise criminally or civilly charged by
a governmental entity (federal, state or local) with commission of any offenses enumerated in
paragraph 20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one
01' more public transactions (federal, state or local) terminated for cause or default.
Where the Recipient Is unable to certify to any of the statements In this certiflcaUon, such
R~iplent shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Clvlsion (by emal or by facsimile
transmission) the completed "CertifIcation Regarding Debarment, Suspension, Ineligibility And
Voluntary ExclusJon" (AlIachment K) for each prospective subcontractor which Recipient intend.
to fund under this AQre.nent Such form must be l'8Ce/ved by the DIvision prior to the RectPlent
entering Into a contract with any prospective subcontractor.
The State of Florida's performance and obligation to pay under this Agreement Is
conUngent upon an annual appropriation by the Legislature, and subject to any modification In
accordance with Chapter 218, Fla. Stat. or the Florida Constitution.
Unless Inconllllent with the public Interest ex unreasonable In cost, all unmanufactured
and manufactured articIee, malerJals and SUpplies which are acquired for public use under thil
~ent mUlt have been produced in the Unlled Sla!eIae required under 41 U.S.C. 10a.
15
Attachment H
Federa. Lobbying Prohibition
The Recipient certifies, by its signature to this Agreement. that to the best of his or her
knowfedge 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 d
any agency, a Member of Congress, an offfcer or employee of Congress. or an employee of a
Member d Congress In connection with the awarding d any FecIeraI contract, the making d any
Federal grant, the making d any Federal loan, the entering Into of any CCJOperative agreement,
and the extension, continuation, renewal, amendment or modiflcalfon d 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 offlcer or employee d any agency, a
Member d eorv-s, an offlcer or employee d Congress, or an employee d a Member d
Congress in conneclfon with this Federal contract. lJ'8Ilt. loan or COOperatIve agreement, the
undersigned shall complete and submit Standard Form-lLl, "DIsclosure Form to Report
Lobbying, " in accordance with its instructions.
3. The undersigned shall require that the tanguage d this certiflcalfon be Included In the
award documents for all subawards at aD tiers (including subcontrac:ts, subgrants. and contracts
under grants. loans, and CCJOperatlve agreements) and that all subreclplents shaH certify and
disclose accordingly.
This certiflcalfon Is a materlat ~tIon d fact upon which I'lIIIance WlI8 placed
when this transaction WlI8 made or entered into. Submission d this certHIc:atIon Is a /lI'8I'fICIU/site
for making or entering Into this lransaclfon ImfJOHd by SectIon 1352, nlle 31, U.S. Code. Any
person who falls to file the requ/nld certItIcatIon shal be subject to a dvH penalty d not less than
$10.000 and not more than $100,000 for each such failure.
18
Attachment'
I
Federal Certification R...dlng
Deb..-ment, Suspen.'on. Ineligibility
And VoIunt_ry Exclu,'on
Contractor Covered Transaction.
(1) The prospective contractor of the Recipient,
certifies, by submission of this document, that neither /I nor lis principals is presendy debarred.
suspended, proposed for debannenl, declared ineligible, or voluntarily excluded from parf/c/pat/on
in this transaction by any Federal department or agency.
(2) Where the Recipient's contractor Is unable 10 certify to the above statement, the
prospective contractor shall attach an explanation to this form.
CONTRACTOR;
By;
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
17
Attachment J
Federal Statement of Aa.uranc..
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations,
policies, guide/lnes and requirements, including OMS Circulars No. A-21, A-110, A-122, A-128, A-
87; E.O. 12372 and Uniform Adminlstrallve Requirements for Grants and Cooperative
Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of
Federal funds for this federally-assisted project. Also the Applicant assures and certifies that:
1. It wUI comply with requirements of the proviSions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970 (P.L. 91-648) which provides fO/' fair and equitable
treatment of persons displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisIons of Federal law which limit C8I'IaIn political activities of employees
of a State 0/' local unit of government whose principal employment Is In connection with an activity
financed In whole 0/' In part by Federal grants. (5 use 1501, et seq.)
3. It will comply with the minimum wage and maximum hours JlI'OVls/ons of the Federal Fair Labor
Standardl Act.
4. /I will establish safeguards to prohibit employees from using their POSitions for a purpose that Is
0/' gives the al!P88nlnce of being motivated by a desire for private gain for themselves 0/' oth8lll,
particularly those with whom they have family, business, or other tlea.
5. /I Will give the sponsoring agency 0/' the Comp/ro/ler General, through any authorized
representative, access to and the right to examine all records, books, papers, 0/' documents
related to the grant.
8. " will comply with all requirements ImJlOSlld by the Federal sPOl18orlng agency concemlng
specfal requirements of law, /lI'OgI'am requirements, and other administrative requirements.
7. It wHllnsure that the facllllles under Its ownership, lease 0/' supervision which shall be utH/zed In
the accomplishment of the project - not listed on the Environmental ProtectIon Agencys (EPA)
list of VIolating Fac:IIllIe8 and that it w/I notify the Federal grantor agency of the recefpt of any
communication from the DIrector of the EPA 0trIce of Federal Activllle8 Indicating that a facUlty to
be used in the project II und.. conllderatlon for lIsting by the EPA.
8. It will comply with the flood Insurance /lUI'Chase requirements of SectIon 102(a) of the Flood
Disaster Protection Act of 1 973, Public Law 93-234, 87 Stat. 97S, ap/lt'OVed December 31, 1978,
Section 102(a) requires, on and after Man:h 2, 1975, the Pl/lChase of IIood insurance In
communities where SUCh Insurance Is avaHable as a COndition for the receipt of any Federal
financial assistance for conslructlon 0/' acquisition P\JlPOSes for use In any area that has been
identiffed by the Secretary of the Department of Housing and Urban Development as an area
having speclalllood hazards. The phrase "Federal financial assistance" Includes any form of
loan, grant, guaranty, Insurance payment, rebate, subsidy, disaster assistance loan 0/' grant, 0/'
any other form of direct or indirect Federal assistance.
9. II will assist the Federal grantor agency In its compliance with Section 108 of the National
Historic Preservation Act of 1966 as amended (18 use 470), executive Order 11593, and the
Archeological and Hlstorlcal Preservation Act of 1966 (18 use 589a-1 et S8q.) by (a) consulting
with the State Historic Praservatlon Offlcer on the conduct of Invest/glltlons, as necessary, to
identify properties listed In 0/' eligible fO/' Inclusion in the National Register of Historic Places lhat
are subject to adverse effects (see 38 CFR Part BOO.8) by the activity, and notifying the Federal
grantO/' agency of the exlslenca of any such properties and by (b) complying with all requirements
18
established by the Federal grantor agency to avoid or mitigate adverse effects upon such
properties.
10. It will comply. and assure the compliance of all its sUllgrantees and contractors, with the
applicable provisions of Title' of the Omnibus Crime ConWl and Safe Streets Act of 1968. as
am8nded. the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as
appropriate; the provisions of the CUrrent edition of the 0II'ice of Justice Programs Financial and
Administrative Guide for Grants, 1147100.1; and aH other applicable Federal laws. orders, circulars.
or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and COClperatlve agreements
including Part 18, Admln/stratlve Review Procedure; Part 20. Criminal Justice Information
Systems; Part 22, Confidentiality of Idenlltlable Research and Stallsllcal Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Oeparfment of Justice Programs and Activities; Part 42, Nondlsa1mlnallonlEqual Employment
Opportunity Policies and Procedures; Part 81, Procedures for implementing the National
Environmental Policy Act; Part 83, FlOOdplain Management and Wetland ProtectIon Procedures;
and Federal laws or regulations applicable to Federal AssIstance Programs.
12. It wI/f comply, and aII/ts COI1lractors WI/I comply, with the IIOIl-dlacrlmlnallon requirements of
the Omnibus Crime Control and Safe Streets Act d 1968, as am8nded. 42 USC 3789(d), or
Victims of Crime Act (as appropriate); TItle VI of the Civil Rights Act of 1984, as am8nded;
SectIon 504 of the Rehabilitation Act d 1973, as am8nded; Subtitle A. Tille" of the Americans
With DIsabilities Act (ADA) (1990); Title IX of the Education Amendments d 1972; the Age
Discrimination Act d 1975; Department of Justice Non-DIscrimination Regu/allona, 28 CFR Part
42, Subparts C.D. E, and G; and Oeparfment of Justice regulations on dlsabHlty dIscrlminatlon, 28
CFR Part 35 and Part 39.
13. In the evenl a Federal or Stale court or Federal or State admlnlslratlve agency makes a
finding of dlsa1mlnatlon after a due PI"OC8Ss hearing on the Grounds of race, color, religion,
national origin, sex, or dlsablllly against a reclplenl of funds, the recipient wlI farwatd a copy of
the finding 10 the Offlce for CIv. RIghts, Offlce of Justice Programs.
14. /I wi" provide an Equal Emp/oymenl Opportunlly Program" required to maintain one, where
the application I. for $500,000 or more.
15. It will comply with the provisions d the Coastal Banier R8IOlII'ces Act (P.l. 97-348) dated
October 19, 1982 (18 use 3501 81 seq.) which prohibita the 8llpendllure d mosl new Federal
funds within the units d the Coastal BarrIer Resources System.
18. DRUG-FREE WORKPlACE (GRANTeES OTHER THAN INDIVIDUAlS) As required by the
Dlug-Free Workplace Act of 1988, and Implemented al 28 CFR Part 87, Subpatt F, for granlees,
as defined at 28 CFR Part 67 Sections 67.615 and 67.620.
19
.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
CHARLIE CRlIT
Governor
w. CRAIG FUGATE
Director
February 27,2008
RETURN RECEIPT
CERnFIED MAIL
Monroe County
1100 Simonton Str.et, Suite 2-218
Key W.st, Florida 33040
Attn: Dave Koppel
R.: Agreement" 08-EC-30-11-54-01-039
Dear Mr. Kopp.,:
Enclos.d Is your copy of the fully executed modification to extend the above referenced
agreement to Monroe County. Ptea.e make thl. modlflcaUon a part of your agreement file.
If you have any qu.sUons In this regard, pl.... contact me by phone, 850-413-9920 or
by emeil jenene.he'ms@em.myt'orida.com
Sincerely,
~l~
Grants Administration Unit
Dlvis.on of Emergency Management
Enclosure
L
-.._____ ~ u
---..-...........
F L 0" I D A It IE C 0 V IE" Y 0 F F ICE · D I V I S ION H I! A D QUA It T I! R S . STATE LOGISTICS RESPONSI! CENTE"
38 Skyline Drive 2555 Shumard Oak Boulevard 2702 Director. Row
lake Marv. FL 32748-8201 Tallaha..e. FL 32388-2100 Orlando Fl32808-5831
t!..-.-#..r.-':~" . r....
" . r .., ., .. . ". ~ ..... . _.. '0 10 l'" .
.....'........;.. ,.......1 '_.. .: . .. . ",'. ,"
'~..-:...!..~.. ...:.......y.~ .~7:~..;~~.:'.:~.
Ol.E:C..~t"., I ~Li .c", .,..~t,
Contract Number:a7 CC 33 11 $4 81-
THIS AGREEMENT is entered into by and between the State of Florida. Division of Emergency
STATE-FUNDED SUBGRANT AGREEMENT
Management. with headquarters in Tallahassee. Florida (hereinafter referred to as the "Division"). and
Monroe County, (hereinafter referred to as the -Recipientll).
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENT A nONS:
funds to provide the services identified herein; and
B. WHEREAS. the DIvision has received these grant funds fram the State of Florida. and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereInafter set forth; and
C. WHEREAS. the Division has authority to disburse the funds under this Agreement
pursuant to State Fiscal Year 2006 - 2007. Chapter 2006-71. laws of Florida. Section b. The purpose of
this act implemants provisions relating to county emergency operations centers and designated alternate
A. WHEREAS. the Recipient represents that it Is fu'y qualified and eligible to receIve these grant
state emergency operations centers.
(1) SCOPE OF WORK.
NOW. THEREFORE. the Division and the Recipient do mutually agree as follows:
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORAtlOIll QE LAWS. RVI.ES. REGUU\TIONS AND PQl!CI~
Both the Recipient and the Division shall be governed by applicable State and Federal
laws. rules and regulations. Including but nOll/mited to those identified in Altachment B.
(3) PERIOD OF AGREEMENT.
terminated earlier in aCCordance with the provisions of Paragraph (12) of this Agreement.
This Agreement shall begin January 24. 2007. and shall end June 30. 2009. unless
(4) MODIFICATION OF CONTRACT
Eilher party may requesl modificalion of Ihe provisions of Ihis Agreement. Changes which are mulually
agreed upon shall be valid only when reduced 10 wriling, duly signed by each of Ihe parties herelo, and attached 10 Ihe
original at this Agreement.
(5) RECORDKEEPING
(a) The Recipienl shall relain sufficient records demonslrating its compliance with Ihe terms of this
Agreemenl, and Ihe compliance of all Subcontractors or consultants to be paid from funds provided under this Agreement,
for a period of five years from the date the audit report is issued. and shall allow the Division or its designee, the Chief
Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working
papers are made available to the Division or Its designee. the Chief Financial Officer. or Auditor General upon request for
a period of five years from the date the aUdit report is Issued, unless extended in writing by the Department. with the
following exceptions:
,. If any litigation. claim or audit Is started before the expiration of the five year perloc/ and
extends beyond the five year period. the records will be malntalnect unlif all liligatlon. claims or aUdit findings involving the
records have been resolved.
2. Records for the disposition of non-expendable personaf property valued at $5,000 or more a.
the time of acquisition shall be retained for five years after tlnal disposition.
3. Records relating to real property acquisition shall be retained for five years after closing of title.
(b) The Recipient shall maintain all records. for the Recipient and for all subcontractors or consultants to
be paid from funds provided under this Agreement. inclUding supporting documentation of all program costs, In a form
sufficient to determine compliance wlth'he requirements and objectives of the Budget and Scope of Work _ Attachment A
- and all other applicable laws and regulations.
(c) The Recipient, Its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable limes to the Department, its
employees, and agents. "Reasonable" shall be construed aCCOrding to the circumstances but ordinarily shall mean during
normal business hours of 8:00 a.m. 105:00 p.m., local lime, on Monday Ihrough Friday. .Agents' shall include, bul nor be
limited to, auditors retained by the Division.
2
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents. in accordance with
generally accepted accounting principles. to account for the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection. review. or audit by state
personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed aCcording to
circumstances. but ordinarily shall mean normal busIness hours of 8:00 a.m. to 5:00 p.m., local lime, Monday through
Friday.
(c) The Recipient shall also provide the Division with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) " the Recipient is a nonstate entity as defined by Section 215.97, Ela. ~I@t.. it shaH comply with the
following:
In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 In any fiscal year of such Recipient, the Recipient must have a State single or prOject-specific audit for such
fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the
Chief Financial Officer; and Chapters 10.550 (foeal government entities) or 10.650 (nonprofit and for-profit organizations).
Rules of the Auditor General. EXHIBIT 1 to this Agreement Indicates State financial assistance awarded through the
Division by this Agreement. In determining the State financla' assistance expended In its fiscal year. the Recipient shall
consider all sources of State financial assistance. including State funds received from the Division, other state agencies,
and other nonstate entities. State financial assistance does nof include Federal direct or pass-Ihrough awards and
resources received by a nonstate enllly for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above. the Recipient shall ensure
that the audit complies with the requirements at Section 215.97(7). Fla. StilL This includes submission of a reporting
package as defined by Section 215.97(2)(d), Fla. SIiL and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
If the Recipient expends less than $500.000 in State financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97. Fla. St@!. is not required. In the event that the Recipient expends 'ess
than $500.000 in slale financial assistance in ils fiscal year and elects 10 have an aud" conducled in accordance with Ihe
3
information on the Florida Single Audit Act may be found at the following website:
cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional
provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the
ht!o:. .www.$!at€f.-usisaa.statutes.html.
(e) Report Submission
response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance specifically
1. The annual financial audit report shall include all managementlellers and the Recipient's
identifying all Agreement and other revenue by sponsoring agency and Agreement number.
3. Copies of finanCial reporting peckages required under this Paragraph 6 shall be submitted by
or on behalf of the Recipient dir~t'y to each of the fOllOWing:
The Division of Community Affairs at each of the follOWing addresses:
Division of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ran alactronlc copy 8hall al80 be eubmltted to aurll...parrl8h.dca.......f1.uaJ
and
Division of Emergency Management
Bureau of Policy and Budget
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the follOWing address;
Auditor Genera"s Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management feller, or other information required to be submilled to the Division
or the Department of Community Affairs pursuant to this Agreement shall be submitted timely In accordance with OMS
Circular A-133, Florida Statutes, and Chapters 10.550 (lOCal governmenlal enl/ties) or 10.650 (nonprofit and for-profit
organizations), Aules of the Auditor General, as applicable.
5. Recipients, when submilling financial reporting packages to the Division or the Department ot
Community Affairs for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental
4
entilies) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. should indicate the date Ihatlhe
reporting package was delivered to the Recipient in correspondence accompanying the reporting package.
(f) In the event the audit shows that the entire funds disbursed hereunder. or any portion thereof. were not spent
in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of
all funds not Spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days atler
the Division has notified the Recipient of such non-compliance.
(g) The Recipient shall have all audits completed In accordance with Section 215.97, FI~. Stal. by an
independent certified public aCCOUntant (IP A) who shall either be a certified public accountant or a public accountant
licensed under Chapter 473, Fla, St~. The IPA shall slate thai the audit complied with the applicable provisions noted
above. The audit must be submitted 10 the Division no later than nine (9) months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) Ata minimum, the Recipient shan provide the DIvlsIon with quarterly reports, and with a close-OUI
report. These reports shall include the current slatus and progress by the RecIpient and all subreclpients and
subcontractors In completing the work described In the Scope of Work and the expenditure of funds under thIs
Agreement, in addition to such other information as requested by the Division.
(b) Quarterly reports are due to be received by the Division no later than 30 days atler the end of each
quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program yeer are March 31, June 30, September 30 and December
31.
(c) The close-out report Is due 60 days atler termination of this Agreement or upon completion of the
activities contained in this Agreement, whichever first OCcurs.
(d) It all required reports and copies, prescribed above, are not sent to the Division or are not completed
in a manner acceptable to the Division, the DivIsion may withhold further payments until they are completed or may take
such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product
was completed in accordance with the Budget and Scope of Work.
5
the DIvision.
(e) The Recipient shall provide such additional program updates or information as may be required by
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its Subcontractors,
subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are
met, the Budget and Scope of Woll< is accomplished within the specified time periods, and other performance goa's
stated In this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A
to this Agreement. and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A- 133, as revised and Section
215.97. Fla.. Stat, (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring Procedures may include, but not be
limited to, on-site visits by Division staff. limited SCOpe audits as defined by OMB Circular A-133. as revised, and/or other
procedures. By entering into this Agreement. the Recipient agrees to comply and cooperate with all monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope
audit of the Recipient Is appropriate. the Recipient agrees to comply with any additional Instructions provided by the
Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In
addition, the Division will monitor the performance and flnancla' management by the Rec/plentthroughout the contract
term to ensure timely completion of all tasks.
(9) liABILiTy.
(a) Unless Recipient is a State agency or SUbdivision. as defined In Section 768.28, Fla. Stat, the
Recipient shall be SOlely responsible to parties with whom it shall deal In carrying out the tarms of this Agreement, and
shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of
woll< under this agreemenl. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Division. but ;s an independent contractor.
(b) Any Recipient who is a state agency or Subdivision. as defined in Section 768.28, Fla. Stat., agrees to
be fully responsible to the extent provided by Section 768.28 Fla. StilI. for its negligent acts or omissions or tortious acts
which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said
6
acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which
sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State 01
Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT.
If any 01 the tollowing events OCcur ("Events ot Detault"). all obligations on the part ot lhe Division to make
any turther payment of tunds hereunder shall, it the Division so elects, terminate and the Division may. at its option,
exercise any ot its remedies set torth in Paragraph (11), but the Division may make any payments or parts 01 payments
atter the happening ot any Events of Detault without thereby waiving the right to exercise Such remedies. and withoul
becoming liable to make any further payment:
(a) tt any warranty or representation made by the Recipient In this Agreement or any previous Agreement
with the Division shall at any time be fatse or misleading In any resPect, or it the Recipient shall tall to keep, observe or
perform any ot the obligations. terms or covenants contained In this Agreement or any previous agreement with the
Division and has not cured such In timely fashion. or Is unable or unwilling to meet Its obligations thereunder;
(b) If any material adverse change shall OCCur In the financial condition 01 the Recipient at any time
during the term 01 this Agreement. and the Recipient tails to cure said material adverse change within thirty (30) days from
the time the date written notlce;s 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 tailed to perform and complete In timely tashion any 01 Its obligations under this
Agreement.
(11) REMEDIES.
Upon the happening of an Event of Detault then the Division may, at Its option. upon thirty (30) calendar
days prior written notice to the Recipient and upon the Recipient's tailure to cure within said thirty (30) day period,
exercise anyone or more of the tollowing remedies, either concurrently or consecutively:
(a) Terminale this Agreement, provided that the Recipient is given at least thirty (30) days prior written
notice ot such termination. The notice shall be eftective when placed in the United States mail, first class mall, postage
prepaid, by registered or certified mail-retum receipt requested, to the address set torth in Paragraph (13) herein;
7
(b) Commence an appropriate legal or equitable action to enforce performance of this Agreement;
(C) Withhold or suspend payment ot all or any part ot a request tor payment;
(d) Exercise any corrective or remedial actions. to include but not be limited to:
1. requesting additional information from Itle RecipientlO determ ine the reasons for or the extent
of non-compliance or lack of performance,
2. issuing a wrihen warning to advise lhat more serious measures may be taken if the situation is
not corrected,
3. advising the Recipient to SUspend, discontinue or refrain from incurring costs for any activities
in question or
4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items
determined to be ineligible;
under the program laws, rules and regulations govemlng Itle use of funds under this program;
(f) Exercise any other rights or remedies which may be otherwise available under
(e) Require that the RecIpient return 10 the Division any funds which were used for ineligible purposes
law;
remedies contained herein or otherwise provided at law or in equity. No Watver by the Division of any right or remedy
granted hereunder or failure. to insist on slricl performance by the Recipient shall affect or extend or ael as a waiver of any
other right or remedy of the Division hereUnder, or affect the subsequent exercise of the same right or remedy by the
Division for any further or subsequent default by the Recipient.
(g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other
(12) TERMINATIOti.
(a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. Cause
shall Include, but not be limited to, misuse of funds; fraud; laclc of compflance with applicable rules, laws and regulations;
failure to perform in a timely manner; and refusal by the Recipient to permit PUblic access to any document, paper, /eher,
or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
expenditure of funds, by prOViding the Recipient with thirty (30) calendar days prior wrihen notice.
discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole
8
written amendment of this Agreement. The amendment shall establish the effective date of the termination and the
(C) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by
procedures tor proper closeout of the Agreem ent.
(d) In the event that this Agreement is terminated. the Recipient will not incur new obligations for the
cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination
terminated POrtion of the Agreement after the Recipient has received the notification of termination. The Recipient will
will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of
any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to
the Recipient for purpose of set-off until such time as the exact amount of damages due the DIvision from the Recipient Is
determined.
(13) NOTICE AND CONTACI.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, Of
first cfass, certified mail, return receipt requested. to the representative identified below at the address set forth below and
said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Jenene Helms
Division of Emergency Management
Bureau of Policy and Budget
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
Telephone: 850-413-9920
Fax: 850-488-7842
Ema": ienene.he/ms@em.mvtlorida.com
(c) The name and address of the Representative of the Recfpient responsible for the administration of
this Agreement Is:
(d) In the event that different representatives or addresses are designated by either party after execution
of this Agreement. notice of the name. title and address of the new representative
Dave Koppel. Engineer
Monroe County
110 Simonton Street
Key West, Florida 33040
Telephone: 305-292-4426
Fax: 305-295-4321
Email: KODoef-Dave@monroecountV_fl.Oov
will be rendered as provided in (13)(a) above.
9
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of lhe work required under this Agreement. a copy of the unsigned
subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the
Recipient. The Recipient agrees to include in the subcontract that (i) the Subcontractor is bound by the terms of this
Agreement. (ii) the Subcontractor is bound by all applicable state and federal laws and regulations. and (iii) the
subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement. to the extent allowed and required by law. Each
subcontractor's progress in performing its work under this Agreement shall be documented In the quarterly report
submitted by the Recipient.
For each Subcontract. the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority vendor. as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENT~
(a) All attachments to this Agreement are incorporated as if set out tully herein.
(b) In the event of any inconsIstencies or conflict between the language of this Agreement and the
attachments hereto. the language of such attachments shal' be controlling. but only to the extent of such conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment 8 - Program Statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Warranties and Representations
(17) FUNDING/CONSIDERA T'O~
(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 nolto exceed $1.029.547 subject to the availability of funds.
10
advance payment needed and provide an explanation of the necessity for and proposed use of these funds.
justification statement shall be included in this Agreement as Attachment C. Attachment C will Specify the amount of
months of the contract term. "an advance payment is requested, the budget data on which the request is based and a
amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3)
contingent upon the Recipient's acceptance of the rights of the DiVision under Paragraph (12)(b) of this Agreement. The
(b) Any advance payment under this Agreement is subject to Section 216.181(16). Fla. Stal.. and is
1. No advance payment is requested.
2.
An advance payment ot $
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 8CCOrdance with the Budget and Scope of Work, Attachment A of this Agreement.
" the necessary funds are nof available to fund this Agreement as a result of action by Congress, the slate
Legislature. the Office of the Chief Financial Officer or the Office of Management and Budgeting, aU obligallons on the part
of the Division to make any further payment of funds hereunder shaU terminate. and the Recipient shall submit its closeout
report within thirty (30) days ot receipt of notice from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of
"Department of Community Affairs", and mailed directly to the Department at the following address:
Department ot Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee Fl32399-2100
In accordance with Section 215.34(2). Fla. Stat., if a check or other draft Is returned to the Division for collection,
Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face
amount of the returned check or draft, whichever is greater.
(19) VENDOR PAYMENT~.
with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division
receipt of an acceptable invoice and receipt. inspection, and acceptance of gOOds and/or services provided in accordance
Pursuant to Section 215.422, Fla. Stat.. the DiviSion shall issue payments to vendors within 40 days after
J J
paying .nteresl at a rate as established pursuant to Section 55.03( 1) Fill. ~tal. The interest penally shall be paid within
15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance
by contacting the Vendor Ombudsman at (850) 413-5516.
(20) Sf ANDARD COND'T'ON~
(a) The validity of lhis Agreement Is Subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or
response to Division request, or in any submission or response to fulflllthe requirements of this Agreement, and such
Informa/fon, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material
changes shall, at the option of the Division and with thirty (30) da~ written notice to the Recipient, cause the tennination
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 shaH lie In leon County. If any provision hereof is in conflict with any applicable statute or
rule, or Is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and
shall be deemed severable, but shalf not InValidate any other proviSiOn of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the tenns of this Agreement shall
survive the terms and 'ife of this Agreement as a who'e.
(d) The Agreement may be executed In any number of counterparts, anyone of which may be taken as
an orig;nal.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public law 101-338.42
U.S.C. Section 12101 et sea.l, if applicable, which prohibits discrimination by public and private entities an the basis of
disability In the areas of employment, public accommoda/fons, transportation, State and loca' govamment services. and in
tefecomm un;cations.
(f) A person or affiliate who has been placed on the convicted vendor /ist fo/lowing a Conviction for a
public entity crime may not submit a bid on a cOntract to provide any goods or services to a public entity, may no/ submit a
bid on a contract wilh a PUblic entity for the ConstructiOn or repair of a public building or public Work, may not submit bids
on leases of real property to a public entity, may not be awarded or perlorm work as a contractor, Supplier. subcontractor,
11
or consultant under a contract with a public entity, and may not transact business with any public entity in excess of
Category Two for a penod of 36 months from the date of being placed on the convicted vendor list or on the discriminatory
vendor 'ist.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entily, may not submit a bid on a contract with a public entity for the
construction or repair 01 a public building or public work, may not submit bids on leases of real property to a public entity,
may not award or perfonn work as a contractor, supplier, subcontractor, or consultant under contract with any pUblic
entity, and may not transact business with any public entity.
(h) The State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an
annual approprlallon by the legislature, and subject to any modifleation in accordance with Chapter 216, Aa. Stl\I. or the
Florida Constitution.
(I) All bills for fees or other compensation for services or expenses shall be submitted in detall suttlelenl
for a proper preaudit and postaudit thereof.
(j) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with Section 112.061, Fla. Stat.
(k) The Division of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal
by the Recipient to allow publle access to all documents, papers, letters or other material subject to the provisions 01
Chapter 1 19, Flit Sl.iIl., and made or received by the Recipient in conjunction with this Agreement.
(I) " the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Division or be applied against the Department's obligation to pay the
contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation 01 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 Department.
J3
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. )
with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All such meetings shall be publicly noticed, open to the public. and the
minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. SUll.
(21 ) ST A T~ LOBBYING PRQHIBITION. No funds or other resources received from the Division in connection
with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED
BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or COPyright. the
Reclpient shall retain all rights and entitlements to that pre-existfng patent or COPyright unless the Agreement provides
otherwise.
(b) If any discovery or invention arisas or Is developed in the COUI'Se of or as a result of work or services
performed under this Agreement. or In any way connected herewith. the Recipient shall refer the discovery or Invention to
the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all
patent rights accruing under or In connection with the performance of this Agreement are hereby reserved to the State of
Florida. In the event that any books. manuals. films. or other copyrightable material are produced. the Recipient shall
notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreemenl
are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreemenl. the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectUal property which is
so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b),
have the right to all patents and copyrights which accrue during performance of the Agreement.
14
(23) PROPERTY MANAGEMENT.
(a) Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subjeclto
conditions of this section. The Recipient must continue the operation, maintenance, repair and administration of any
equipment or other personal property purchased under this Agreement in aCCOrdance with the purposes for which the
funds were originally appropriated and for the period of time expressly specified in the Agreement or, failing to do so, the
Recipient must return to the Division the subgrant funds used to purchase the property.
(b) The Recipient shall not use equipment acquired with State funds to provide services to non-State
outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically
authorized by Florida statute, for as long as the State retains an interest in the equipment.
(c) The Recipient shall use the equipment in the project or program for which It was acquired as long as
needed, whether or not the project or program continues to be supported by State funds and shall not encumber !he
property without approval of the Division. When no longer needed for the Original project or program, the Recipient shall
use the equipment in connection with its other State-sponsored ectlvlllas, in the following order of priority: (I) Activities
sponsored by the Division, then (ii) activities Sponsored by other State agencies.
(d) During the time that equipment is used on the project or program for which It was acquired, !he
Recipient shall make It available for use on other projects or programs if such other use will not interfere with the work on
the project or program for which the equipment was originally acquired. First preference for such other use shall be given
to other projects or programs sponsored by the Division; second preference shall be given to projects or programs
sponsored by other State agencies. If the equipment Is owned by !he State of Florida, use on other activities not
Sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as
program income.
(e) When acquiring replacement equipment,the Recipient may use the equipment to be replaced as
trade-in or sell the equipment and use the proceeds to olfsetthe costs of the replacement equipment subject to the
approval of the Division.
15
equipment shall include all of the following.
(f) The Recipient's property management standards for equipment acquired with State and State-owned
(1) Equipment records shall be maintained accurately and shall include the fo/lowing information.
(i) A description of the equipment.
(ii) Manufacturer's serial number, model number, Federal stock number, national stock number,
or other identification number.
(iii) Source of the equipment. including the award number.
(Iv) Whether title vests in the Recipient or the State of Florida.
cost.
(v) Acquisition date (or date received, If the equipment was fumished by the State of Florida) and
(vi) 'nfonnatlon from which one can calculate the percentage of State pertlclpatlon in the cost of
the equipment (not applicable to equipment fumlshed by the State of Florida).
(vii) location and condition of the equipment and the date the Information was reported.
(viii) Unit acquisition cost.
(Ix) Ultimate disposition data, Including date of disposal and s(lx) Ultimate disposition data,
Including date of disposal and safes price or the method used to determine curren I falr market value
where a Recipient comPensates the Division for its share.
(2) Equipment owned by the State of Florida shall be identified to indicate State ownership.
(3) A phYSical inventory of equipment shall be taken and the results reconciled with the equipment
records at least once every two years. Any differences between quantities determined by the physical Inspection
and those shown In the accounting records shaH be investigated to determine the causes of the difference. The
Recipient shall, in connection with the Inventory, verity the existence, current utilization, and continued need for
the equipment.
(4) A control system shaH be in effect to insure adequate safeguards to prevent loss, damage, or theft of
the equipment. Any loss, damage, or theft of equipment shall be investigated and fUlly documented; if the
equipment was owned by the State of Florida, the Recipient shall promptly notify the Division.
(S) Adequate malntenance procedures shall be implemented to keep the equipment in good condition.
(6) Where the Recipient is authoriZed or required to sell the equipment, proper sales procedures shall be
established which provide lor competition to the extent practicable and result in the highest POssible return.
(g) When the Recipient no longer needs the equipment, the equipment may be USed for other activities in
3Ccordance with the fol/owing standards. For equipment with a current per unit fair market value of $5000 or more, the
J6
Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of
compensation shall be computed by applying the percentage of State participation in the cost of the original project or
program 10 the current fair market value of the equipment. It the Recipient has no need for the equipment. the Recipient
shall request disposition instructions from the Division. The Division shall determine whether the equipment can be used
to meet the Division's requirements. It no requirement exists within that agency, the availability of the equipment shall be
reported to the Department of Management Services by the Division to determine whether a requirement for the
equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar
days atter the Recipient's request and the tollowing procedures shall govern.
(1) It so instructed or It disposition Instructions are not issued within 120 calendar days after the
Recipient's request, the Recipient shall sell the equIpment and reimburse the Federal awarding agency an
amount computed by applying to the sales P/"ClC8eds the percentage of Federel participation In the cost of the
original project or program. However, the Recipient shall be permitted to deduct and retain from the State share
$500 or ten percent of the Proceeds, whichever is less, for the Recipient's selling and handling expenses.
(2) It the Recipient is Instructed to ship the equipment elsewhere, the Recipient shall be reimbursed by
the State of Florida by an amount which is computed by applying the percentage of the Recipient's Participation
in the cost of the original project or program to the current fair market value of the equipment. plus any
reasonable shipping or interim storage costs Incurred.
(3) It the Recipient is Instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed
by the Division tor such costs incurred in its disposition.
(4) The Division may reserve the right to transfer the title to the Stale of Florida or to a third party named
by the State when such third party is otherwise eligible under exisling statutes. Such Iransfer shall be subject to
the following standards.
(I) The equipment shall be appropriately identified in the award or otherwise made known to the
Recipient in writing.
(Ii) The Division shall Issue disposition instructions within 120 caiendar days alter receipt of a final
inventory. The final inventory shall list all equipment acquIred with grant funds and federally-owned
equipment. It the Division falls to issue dispositIon Instructions within the 120 calendar day period, the
Recipient shall apply the standards of this section, as appropriate.
(iii) When the Division exercises its right to take title. the equipment shall be subject to the provisions for
State-owned equipment.
(24) LEGAL AUTHORIZATION.
funds to be provided under this Agreement and that. if applicable. its governing body has authorized, by resolution or
The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the
17
this Agreement.
Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of
otherwise. the execution and acceptance of this Agreement with all covenants and assurances contained herein. The
(25) ASSUAANCE~
hereto have caused this contract to be executed by their undersigned officials as duly author/Zed.
The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF, the parties
~~ A:)~
/'~
Name and title: Hario DiGennaro. Mavor
MONROE COUNTY ATTOqNEY
i\PPROVE~ ~S Jq FORM:
#,,~ ~~_./
'04ATllEENE W. CASSEL
ASSISTANT COUNTY ATTOA,vEv
O.t. I!a .~, . ~1 7
Date:
June 20. 2007
SAMAS ,
FIO,
59-6000749
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
~-,
By: ~C2 ~
Name and Title: \AJ_ (\~'g- F\,~, b\('pc~r
Date: ~/z" I(;.~.,
18
EXHIBIT - 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
SUBJECT TO SECTION 215.97. FLORIDA STATUTE~
e: ~$l~~I:~~~:: ~f~~~~~i::r~c: ~~tO::~::~ffi'4t~~~ ~~~~
State Project
State of Florida - Division of Emergency Management
CSFA 1# 52.010
$1,029,547
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
List applicable compliance requirements as follows:
1. First applicable compHance requirement (e.g., what servlceslpurposes reSOlJrCtls must be usfld fo".
2. St1CCrId applicable compliance requirement (e.g., tIIiglbility requirements for recipients of the resources).
3. Etc.
State awarding agency may elect to use lenguage that requires the recipient to comply with the requIrements of applicable
provisions of $pfJCific laws, rules, regulations, etc. NOTE: InstfIBd of Hsting the specific compliance requif'flments as
shown above, In the example, the language may statethet the rtlCiplent must comply with a $pfJCific law(s), rule(s), or
regulation(s) that PtHfains to how the awarded resOUl'Ctls must be Used or how eHgibility determinations are to be made.
The State awarding agency, if practical, may want to a<<ach a copy of the specllie law, rule, or regulation referrSd to.
NOTE: Section .4OO(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the
information about Federal Programs and State Projects included In Exhibit 1 be provided to the recipient.
19
Attachment A
Budget and Scope of Work
I. SCOPE OF WORK
A. The Recipienl shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be
consislenl with Seclion 1 (1). Ch. 2006- 71. laws of Florida. Grant funds shall not be used for land acquisition; purchase of
equipmenl. furnishings, communications. or operational systems; or recurring expendilures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil lesting;
necessary permits and fees; civil and service utllilies site work; construction of the building's substructure. superstructure,
shell (exterior enctosure) and interior construction; special inspections; mechanical, plumbing, electrical. conveying and
security systems; lightning protection; and redundant Infrastructure systems (e.g.. electric generator. unlnterruptlble power
supply, potable water and wastewater systems, etc.).
8. The Recipient shall In a IIme/y manner prepare and submit a complete Hazard Mitigation Grant Progrem (HMGPJ
application. beneflt-cost analysis. environmental review and such other documentation as necessary to detennine
eligibility and allowable costs under said grant program.
C. The Recipient shall slate in writing that for a period of not less than 15 years from the date of receipt of Certificate
of Occupancy the EOC will be dedlcaled for emergency management purposes. The EOC shall remain demonstrably
capable of being fully ectivated within one (1) hour of detection of an emergency; reference Rule Chapter 00-6. Florida
Adminlslrallve Code. "Emergency Management Capabilities Assessment Checklist. .
D. The EOC shall be constructed with sufficient space to house people and equipment for day-Io-day and sustained
continuous emergency operations. and capable of full slafflng for the most extensive emergency anticipated. At a
minimum, the designated EOC functional area(s), and essential shared-ose area(s) if applicable. shall be designed for an
emergency operations staff size of i2 persons per shifl and a workspace floor area of UZQ gross square feel.
E. At a minimum. the EOC shall meet the hurricane hazard safelyoriteria established in Standards for HUrricane
Evacuation Shelter Selection (ARC 4496).
F. The EOC and essential ancillary structures and service equipment shall be designed 10 resist the effects of a major
hurricane. The wind load design requirements shaN be In accordance with the American Sac/ely of Civil Engineers
(ASeE) Standard 7. Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall
include:
Design Wind Speed = 225 miles per hour (3 second gust)
Wind Importance Factor, 1= 1.00
Exposure Category = C
Directionality Factor, Kd = 1.00
Internal Pressure Coefficient. GCpi = +/_ 0.18
All components and cladding assemblies necessary to mainlain a Structurally enclosed condition and prevenl rainwater
intrusion shall be designed to meetlhe wind design criteria. Structural meta' decking and cladding materials shall be 22
gauge or thicker. Roof COVer waterproofing barriers shall mee/the wind design criteria. Loose roof ballasl shall not be
used on the root cover. ROOftop equipment shall be designed and installed to meetlhe wind design criteria.
G. The EOC and essential ancillary slruclures and service equipment shall resist penelration by windborne debris
impact. AI a minimum, all exlerior enclOsure components. claddings and assemblies (i.e.. walls, roofs. louvers. windows,
doors. elc.) located wilhin 60 feet in height above finish grade shall meet Ihe hurricane windborne debris impact criteria
20
specified in the Department of Energy's (DOE) Standard, Nafural Phenomena Hazards Design and Evaluation Criteria,
DOE-STD-l020-2002. That is, the building enclosure must resist penetration by a nominaI2"x4" lumber plank weighing
15 pounds propelled at 50 miles per hour (74 feet per second) striking end-on and normal to the assembly surface, or
equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with
recogniZed state and national standards; such as, Test Standard for Determining Impact Resistance from Windbome
Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and
Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203. The impact test procedures may be modified
as necessary to accommodate the required missile weight and velOCity.
H. The following information related to wind loads and flooding shall be shown on the construction drawings: ,. wind
design per ASCE 7 with applicable year of revision; 2. design wind Speed; 3. wind importance factor, I; 4. deSign wind
exposure category; 5. wind directionalily factor, K,h 6. design internal pressure coefficient, GC,.; 7. design wind pressures
in terms of pounds per square foot (psf) to be used for the design of exterior component and cladding materials not
specifically designed by the prinCipal licensed design profesSiona'; 8. windbome debris impact performance criteria; 9.
finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the
finished floor elevation to the base flood elevation, or historical flood elevation if base flOOd elevation is not determined.
I. The lowest floor for the EOC and essential ancillary structures and Service equipment shall at a minimum be
elevated above: Category 5 hUrricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet;
the 500-year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; the highest recorded flood
elevation plus three (3) feet if the aree is not in a mapped special flood hazard area; whichever is greater. The site (POint
maximum, one square mile) h~rologic design shall ensure that the EOC and essential anclUary slructures and service
equipment are not flooded due to a 24 hour, 37.0 Inch rainfall event applied over a Pl'8Cedent 24 hour, 100-year rainfall
event.
J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code-Plumbing, the
secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour.
I<. The EOC shall be designated as a threshold building, and Speclal structural InsP8Cl/ons required. Special
inspections shall be conducted in compHance with section 553.79, Florida Statutes and other applicable statutes, laws and
rules.
L. The EOC shall at a minimum be designed for 72 hours of Self-contained continuous operation and shalf not be
solely reliant upon off-site services and utilities (e.g., water, nalura' gas fuel, electricity, etc.)
M. Force protection and security measures shalf be consistent with the guidance published in Florida's Homeland
Security Comf'/'8hBnsive Assessment Modt1f (HLSCAM), United States Air Force fnstaflation Force Protection Guide, or
Other federa' or state recogniZed best-practices gUide(s) as approved by the Division.
N. The Recipient shall provide an inlllal timellne and estimated reimbursement allocation schedule. Table SW -1 ,
"Initial Timel/ne and Estimated Reimbursement Allocation Schedule" or other similar instrument as apprOved by the
Division may be used.
O. During design and construcl/on phases of the EOC project, the Recipient shall track and provide construction cosl
data for the designated EOC area as detailed in Table SW -2, "Cost Data for County Emergency Operations Center."
21