98EM-8N-11-54-10-044AGREEMENT #98EM-8N-11-54-10-044
AGREEMENT
BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
AND
MONROE COUNTY
This Agreement entered into by and between the Department of Community Affairs
(Grantee) and Monroe County (Subgrantee), shall govern certain emergency
management -related activities to be financed by the Grantee.
THEREFORE, in consideration of the mutual promises and covenants herein contained,
the parties agree as follows:
I. TERMS OF AGREEMENT
A. This Agreement shall begin on October 1, 1997 and shall continue in full force and
effect to, and including, September 30, 1998.
B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $28,897 which
the Subgrantee will match with $28,897 to initiate the successful completion of the
activities/projects in the approved five year strategic plan submitted by this Subgrantee and
which are applicable to the period of performance of this contract.
C. It is agreed that liability of the Grantee under this Agreement shall not exceed the total
funds received and allocated by the Grantee for this Agreement.
D. The Grantee or Subgrantee may terminate this Agreement for breach of contract, or in
the event of non -availability of funds, with such notice as is reasonable under the circumstances.
The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature and subject to any modification in accordance
with Chapter 216, Florida Statutes. Either party may terminate this Agreement without cause by
giving thirty (30) days written notice to the other party.
E. The Subgrantee, in performing the requirements of this Agreement, shall comply with
all applicable laws, rules, regulations, ordinances and codes of the federal, state and local
governments. The payment of funding provided by this Agreement is contingent upon
compliance with all applicable laws, rules, regulations, ordinances and codes of the federal, state
and local governments. Non-compliance may result in the withholding of funds and the
suspension and termination of this Agreement.
A. General Provisions. The Subgrantee hereby assures and certifies that it will comply
with all applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of
Federal Regulations) Part 13 ("Common Rule"), 44 CFR Part 302, and Office of Management
and Budget (OMB) Circulars A-87, and A-133 as they relate to application, acceptance and use
of federal funds under this Agreement. Subgrantee also certifies it shall comply with Chapter
252, F.S., Rule Chapters 9G-6, 9G-7, 9G-11, and 9G-19, F.A.C., as a condition of the receipt and
acceptance of funds under this Agreement.
1. The Subgrantee certifies, by signing this Agreement, that to the best of his or her
knowledge and belief, no federally appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering info o�any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement.
2. Pursuant to Section 216.347, Florida Statutes, the. Subgrantee agrees that no funds
from this Agreement will be expended for the purpose of lobbying the Legislature or a state
agency.
C. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic
Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the
activities/projects to be accomplished this year under this State and Local Assistance (SLA)
Agreement. Such approved Strategic Plan is on file for Subgrantee and has been previously
routed for approval with the Subgrantee's Emergency Management Preparedness and Assistance
(EMPA) Base Grant. At a minimum, Subgrantee shall complete those tasks identified in its
Strategic Plan to be performed during the period of this Agreement. Failure to timely complete
tasks identified in the Strategic Plan may constitute grounds for withholding funds and
suspension and termination of this Agreement.
D. Compensation and Financial Reporting Requirements.
1. The Subgrantee shall use the funds available under this Agreement to pay for State
and Local Assistance personnel, travel and administrative expenditures. All acquisitions with a
cost of $5,000 or greater require written prior approval from the Grantee. OMB Circular A-87
should be used to provide guidance concerning allowable and unallowable expenditures. The
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Subgrantee shall be reimbursed on a quarterly basis for costs incurred in the satisfactory
performance of work hereunder in an amount not to exceed the total allocation shown in
Paragraph I.B. of this Agreement.
2. Expenditure Reports/Reimbursement Requests must be submitted to the Grantee on a
quarterly basis and are due within thirty (30) days after the end of each quarter. Progress reports
must be submitted to the Grantee on a semiannual basis according to the requirements set forth in
the Subgrantee's EMPA base grant for the same fiscal period. A final Close-out Report is due
within forty-five (45) days after the termination of this Agreement. The Subgrantee shall not
receive reimbursement for final expenditures until the final progress report is received, previous
payments are audited and final approval has been made by the Grantee.
E. Fiscal and Program Accountability. The Subgrantee must establish fiscal control of
subgrant funds and required matching expenditures as required in Federal Emergency
Management Agency (FEMA) regulations and OMB Circulars. The Subgrantee acknowledges
that it has full responsibility for fiscal and programmatic accountability for this subgrant. In the
event the Subgrantee is unable to produce records capable of being audited without
reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrantee
shall be disallowed and subject to repayment. The accounting system established and maintained
by the Subgrantee must have internal controls adequate to safeguard the assets of the Stibgrantee,
check the accuracy and reliability of accounting data, promote operating efficiency and ensure
compliance with described management policies of this Agreement.
F. Recording and Documentation of Receipts and Expenditures. Accounting procedures
must provide for an accurate and timely recording of receipt of funds by type of expenditures
made from such funds and of unexpended balances. Accounting procedures must be adequate to
ensure that expenditures charged to this subgrant are for allowable purposes and that
documentation is readily available to verify that such charges are accurate. Failure to create and
maintain said documentation may result in the disallowance and recovery of funds.
G. Unexpended Funds. Unexpended funds which are reflected on the final Close-out
Report referred to in Paragraph II.D. above will automatically revert to the Grantee, and the
Grantee reserves the right to unilaterally reobligate such funds.
H. Obligation of Grant Funds. Subgrant funds shall not be obligated prior to the
effective date, or subsequent to the termination date, of the subgrant period. Obligations
outstanding as of the termination date shall be liquidated within thirty (30) days. Such
obligations must be related to goods or services provided and utilized within the subgrant period.
I. Retention of Records.
1. All original records pertinent to this Agreement shall be retained by the Subgrantee for
three years following the date of termination of this Agreement or of submission of the final
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close-out report, whichever is later. However, if any litigation, claim or audit is started before
the expiration of the three-year period and extends beyond the three-year period, the records will
be maintained until all litigation, claims or audit findings involving the records have been
resolved.
2. All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work
shown in paragraph II.C. and all other applicable laws and regulations.
3. The Subgrantee, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its public records at
reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed
according to the circumstances, but ordinarily shall mean during normal business hours of
8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Grantee.
I Audit Requirements. The Subgrantee 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.
1. These records shall be available at all reasonable times for inspection, review, or audit
by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. The Subgrantee shall also provide the Grantee with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
3. The Subgrantee shall provide the Grantee with an annual financial audit report which
meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550,
Rules of the Auditor General, and to the extent applicable, the Single Audit Act of 1984, 31
U.S.C. ss. 7501-7507 as amended 1996, OMB Circular A-133 for the purposes of auditing and
monitoring the funds awarded under this Agreement.
4. The annual financial audit report shall include all management letters and the
Subgrantee's response to all findings, including corrective actions to be taken.
5. The annual financial audit report shall include a schedule of financial assistance
specifically identifying all Agreement and grant revenue by sponsoring agency and Agreement
number.
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6. The complete financial audit report, including all items specified in J.4. and 5. above,
is due on or before April 30, 1999 and shall be sent directly to:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
7. In the event the audit shows that the entire amount of awarded funds, or any portion
thereof, was not spent in accordance with the conditions of this Agreement, the Subgrantee shall
be held liable for reimbursement to the Grantee of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Grantee has
notified the Subgrantee of such non-compliance. The Grantee may offset current awarded funds
to reimburse for previous year non-compliance. If the Subgrantee fails to provide the
reimbursement within 30 (thirty) days, then the Subgrantee authorizes the Grantee to deduct the
amount to be reimbursed from any funds awarded to the Subgrantee but not yet released by the
Grantee.
8. The Subgrantee shall have all audits completed by an independent public accountant
(IPA) who shall be either a certified public accountant or a public accountant licensed under —
Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable
provisions noted above.
K. Modification of Agreement. Either party may request modification of the provisions
of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Agreement.
However, the funding amount and match commitment identified in paragraph I.B., above, may be
modified as provided in that paragraph.
L. Notice and Contact.
1. All notices provided under or pursuant to this Agreement shall be set forth in writing
and delivered either by hand delivery, or first class, certified mail, return receipt requested, to the
representative identified below. Said notification shall be attached to the original of this
Agreement.
2. The Representative of the Grantee is the Grantee contract manager for this Agreement,
Joseph F. Myers, Director, Division of Emergency Management.
3. The Representative of the Subgrantee responsible for the administration of this
Agreement is the County's Authorized Official who executes this Agreement.
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4. In the event that different representatives are designated by either party after execution
of this Agreement, notice of the name, title and address of the new representative will be
rendered as provided in L.1. above.
M. Subcontracts.
1. If the Subgrantee subcontracts any or all of the work required under this Agreement,
the Subgrantee agrees to include in the subcontract language binding the subcontractor to the
terms and conditions of this Agreement with the Grantee.
2. The Subgrantee agrees to include in the subcontract language stating that the
subcontractor shall hold the Grantee and Subgrantee harmless against all claims of whatever
nature which may arise out of the subcontractor's performance of work under this Agreement, to
the extent allowed by law.
3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded
to the Grantee within thirty (30) days after execution.
III. MISCELLANEOUS REQUIREMENTS
A. Bills for fees or other compensation for services or expenses must be submitted in
detail sufficient for a proper pre -audit and post -audit thereof.
B. Bills for any travel expenses must be submitted in accordance with Section 112.061,
Florida Statutes.
C. Units of deliverables, including reports, findings, and drafts as specified in Paragraph
II.C. of this Agreement, must be received and accepted by the contract manager prior to payment.
D. The Subgrantee must comply with the criteria and final date by which criteria must be
met for completion of this Agreement as specified in Paragraph I.A. of this Agreement.
E. The Grantee may unilaterally cancel this agreement for refusal by the Subgrantee to
allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Subgrantee in conjunction with this
Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to
comply with this provision shall constitute a breach of contract.
F. The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 13 24a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
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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.
- G. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
IV. LEGAL AUTHORIZATION
The Subgrantee certifies with respect to this Agreement that it possesses legal authority to
receive the funds to be provided under this Agreement. The Subgrantee also certifies that the
undersigned possesses the authority to legally execute and bind Subgrantee to the terms of this
Agreement.
The Subgrantee acknowledges that the responsibility for complying with the approved
subgrant award rests with the Subgrantee and acknowledges that failure to do so constitutes _.
grounds for the recession or suspension of this subgrant and may influence future subgrant
awards.
IN WITNESS HEREOF, the Grantee and the Subgrantee have executed this Agreement;
FOR THE SUBGRANTEE:
Name/Title
Date
FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
tlrized Departmen fficial
Federal Employer ID #����
Catalog of Federal Domestic Assistance Number ono Frogram
CFDA # 83.534 State and Local Assistance (SLA)
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Name/Title
s�yyaLl�i^
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY uv
DE CLER