12-BG-05-11-54-01-044 06/15/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: June 22, 2011
TO: Chief James Callahan
Emergency Services
ATTN: Jose Tezanos, Planner
Emergency Management
FROM: Pamela G. HancC.
At the June 15, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
`Item C39 Emergency Management Performance Grant FY12 Federally Funded Subgrant
Agreement 12-FG-11-54-01-111 in the amount of $60,224.00, fully grant funded and no county
match, and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Item C40 Agreement with the State of Florida, Division of Emergency Management
concerning an Emergency Management Base Grant (Contract#12-BG-11-54-01-044) in the
amount of $105,806, fully grant funded and no county funding required; and authorization for the
County Administrator to execute any other required documentation in relation to the application
process.
Enclosed are five duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return the fully executed "Monroe County Clerk"' and "Monroe
County Finance" originals as soon as possible. Should you have any questions, please feel free
to contact my office.
cc: County Attorney
Finance
File ✓
Monroe County Clerk
Contract Number: 12-BG-_05-11-54-01-044
CFSA Number: 52.008
STATE -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County,
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Scope of Work and Budget,
Attachment A, A-1 and B of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment C.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2011 and shall end June 30, 2012, unless terminated
earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which
are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the
original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No.
A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Non-profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement,
for a period of five years from the date the audit report is issued, and shall allow the Division or its designee,
the State Chief Financial Officer or the State Auditor General access to the records upon request. The
Recipient shall ensure that audit working papers are available to them upon request for a period of five years
from the date the audit report is issued, unless extended in writing by the Division. The five year period may
be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(c) 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 documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of
Work and Budget - Attachment A, A-1 and B - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the
Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of
8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to,
auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by
state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with
the following:
If the Recipient expends a total amount of State financial assistance equal to or more than $500,000
in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such
fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the
Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows
the State financial assistance awarded by this Agreement. In determining the State financial assistance
expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including
State funds received from the Division, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass -through awards and resources received by a nonstate
entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes
submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that
the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be
paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's
resources obtained from other than State entities). Additional information on the Florida Single Audit Act
may be found at the following website: http://apps.fldfs.com/fsaa.
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance
specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number.
3. Copies of financial reporting packages required under this Paragraph 6 shall be
submitted by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
2
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Division of Emergency Management
Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to
the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on time
as required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Division or the
Department of Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Recipient in
correspondence accompanying the reporting package.
(f) If the audit shows that all or any portion of the funds disbursed hereunder 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 days after the Division has notified the Recipient of such non-compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an
independent certified public accountant (IPA) who shall either be a certified public accountant or a public
accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the
applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months
from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-out
report. The ending dates for each quarter of the program year are September 30, December 31, March 31
and June 30.
(c) The close-out report is due 45 days after termination of this Agreement or 45 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the
work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be done
for each function or activity in Attachment A and A-1 to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Division. In the event that the Division or the Department determines that a
limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the
performance and financial management by the Recipient throughout the contract term to ensure 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 is solely responsible to parties it deals with in carrying out the terms of this Agreement,
and shall hold the Division harmless against all claims of whatever nature by third parties arising from the
work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an
employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla.
Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or
suits against the Division, and agrees to be liable for any damages proximately caused by the acts or
omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver
of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time
during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from
the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under
this Agreement.
4
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written notice
to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of
the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class
mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph
(13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred for
any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other
right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any
other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its
sole discretion, that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement. The amendment will state the effective date of the termination and
the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations
for the terminated portion of the Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because
of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold
payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from
the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the
address below, and this notification attached to the original of this Agreement.
5
(b) The name and address of the Division contract manager for this Agreement is:
Tara Walters / _ l r q rNfc UPI MS,
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-410-1391 / ,65o_ W,9j 2.0
Fax: 850-488-7842
Email: tara.walters@em.myflorida.com
s4vFol-4164Ms0em.A11+110, cal•CWA
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Irene Toner
490 63rd Street
Marathon, Florida 33050
Telephone: 305-289-6018
Fax: 305-289-6333
Email: toner-irene@monroecounty-fl.gov
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed 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. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work
under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether
that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A and A-1 — Scope of Work
Attachment B — Budget
Attachment C — Program Statutes, Regulations and Program Requirements
Attachment D — Reports
Attachment E — Justification of Advance
Attachment F —Warranties and Representations
Attachment G — Certification Regarding Debarment
Attachment H — Statement of Assurances
2
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed $105,806, subject to
the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat.,
and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of
this Agreement. The amount which may be advanced may not exceed the expected cash needs of the
Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance
payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management
Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request
is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E
will specify the amount of advance payment needed and provide an explanation of the necessity for and
proposed use of these funds.
An advance payment of $ is requested
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Scope of Work and Budget,
Attachment A, A-1 and B of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial
Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to
make any further payment of funds shall terminate, and the Recipient shall submit its closeout report
within thirty days of receiving notice from the Division.
The amount of funds available pursuant to this rule chapter (Rule 9G-19.011, Florida Administrative
Code) may be adjusted proportionally when necessary to meet any matching requirements imposed as a
condition of receiving federal disaster relief assistance or planning funds.
Any requests received after July 31, 2012, may, in the discretion of the Division, not be reimbursed
from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission or by e-mail.
Changes to the amount of funding to be provided may be accomplished by notice from the Division
to the Recipient. The Division may make an award of additional funds by subsequent modification. Should
the Recipient determine it does not wish to accept the award of additional funds, the Recipient shall provide
notice to the Division contact within thirty (30) days of receipt of the Award Letter. The terms of this
Agreement shall be considered to have been modified to include the additional funds upon execution of the
modification and receipt of a budget form which details the proposed expenditure of the additional funds.
The budget form will be provided by the Division when the offer of additional funds is made.
All funds received hereunder shall be placed in an interest -bearing account with a separate account
code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient
by the Division that are not expended in implementing this program shall be returned to the Division, along
with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration
of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing goods
and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the
Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and
Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES
AND PROCEDURES.
At a minimum, the Recipient shall continue to provide other funding for the Recipient's
Emergency Management Agency at an amount equal to either: (1) the average of the previous three
years' level of county general revenue funding of the Recipient's Emergency Management Agency; or
(2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year,
whichever figure is lower (Rule 9G-19.011, Florida Administrative Code). Recipient's general revenue
funding for 911 services, emergency medical services, law enforcement, criminal justice, public
7
works or other services outside the local emergency management agency as defined by Section
252.38, Florida Statutes, shall not be included in determining the "level of county funding of the
Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule
Chapter 9G-19, Florida Administrative by its execution of this Agreement, and as a condition
precedent to receipt of funding.
All payments relating to the Agreement shall be mailed to the following address:
_Monroe County Emergency Management_
49 63`d Street Suite 150
_Marathon, Florida 33050
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the
order of "Division of Emergency Management", and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned
check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request, or in any submission or response to fulfill the requirements of
this Agreement. All of said information, representations, and materials is incorporated by reference. The
inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days
written notice to the Recipient, cause the termination of this Agreement and the release of the Division from
all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be
null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision
of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a
I
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
$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the
discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this
Agreement. The form must be received by the Division before the Recipient enters into a contract
with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance
with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla.
Stat. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions
in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the Division's
obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")). The Division shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All of these meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public
in accordance with Chapter 119, Fla. Stat.
2
(o) All expenditures of state financial assistance shall be in compliance with the laws, rules
and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide
for State Expenditures.
(p) The Agreement may be charged only with allowable costs resulting from obligations
incurred during the term of the Agreement.
(q) Any balances of unobligated cash that have been advanced or paid that are not
authorized to be retained for direct program costs in a subsequent period must be refunded to the State.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL
COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material
are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should know
could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-
existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists.
H1
The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during
performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assu,,yrr�� orated as Attachment
H.
IN WITNESS WHEREOF, the parties hereto have
RECIPIENT:
By
Na
Da
FIC
MONROE COUNTY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
CLERK
,1s0NROF COUNTY ATTORNE.'
AP -40V-D As ,A:
L. MALL
UN T Y ATTOR NE"
Name and Title: Bryan Koon, Director. Division of Emergency Management
Date: ,1► �� �� e —
C—
CD
CD
- C 70
C�
EXHIBIT —1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Awarding Agency: Division of Emergency Management
Catalog of State Financial Assistance Title: Emergency Management Programs
Catalog of State Financial Assistance Number: 62.008
State Financial Assistance: $105,806
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code.
Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county
emergency management plans and programs.
Eligible recipients for these funds are the 67 Florida counties.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to
the recipient.
12
Attachment A and A-1
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended
to enhance county emergency management plans and programs that are consistent with the State
Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-6, Florida
Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient
is at a varying level of preparedness, and it is understood that each county has a unique geography, faces
unique threats and hazards, and serves a unique population.
In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its
Emergency Management Program.
As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items
approved by the Division and attached hereto as Attachment A-1. Subsequent revisions during the term of
this Agreement shall be a written modification in accordance with Paragraph (4) of this Agreement.
13
i
o
�
o
=
o
W
3
a
�
o
3
G
[
e,
0
C�
O
E
>
,o
3
o
ti
•-
u
0
Iz
c o
3
c
O
C
m
u
L
L
T
Clu`L O
m
MD
c K
N
>
u
uoYn
o f
R 3
w o
o
L
C
0 p
L
C
—
v
v a
a
3 o cL
cv
u
c
ej
E
S
s
.
oo o
a
C
a c °-'
u
E
€ m
O o
a,
,u E
o -o
u
' 'C C
c° I c °
o f
LL Y
Im
Y
c
E r+
o .E
c0
3
U .`
C
A
c m
o —
c
n - c
h T v3
U u
T I
c
GL
u
E
-cl
Nv
`�
a
�`o
d
Y
3 o C c
U
oTn
R o
co
C
On
U N R 2 C
a z c c
.L... LL
z
U ti
R
o y
Y
C A A H
on
.
E
c ° o o u
s 3
LLJ Q
n
ti'
m y
" on C y n
°
E aui
c C
c
u.E u c c o
? o
o m
o
a o 3 E
Eu = a. n. E o
3
.D
A E
�
a o E° C c o c c
�
Zo Y O� y .O c u u
A °u° v
C u
F C cCa E v >c E E
E o E c>= V Lu LLI
z to
a O y C m m m
O
O
O
T y
O V is �` 'O 'D u
m
v>
V
�,
U
O
Zma:f�a
U
r v
U JI,
G °u
v
Y
L'
a
L
^i'
i•�
Y
Q
V'�
Z
3sd
:moo
v
h
N
�
3
o�
�
U
O
v
v
Oq L
•�
t6
L R
U_
V7
.L-
V i
c
¢2
a
O
o
c
v
a s
o
a
c
c c d
O
N CJ
LL7 w A
'D
Q
O X V
OCO
-;S C
V
.0
U
V
C V A
c w
E
oV
c
u y
v
y
C
U
O
u Ta
2
U v
c=
c
a c N
m
>
a
O —
E v
... LIJ
OD V
C R
�0J C vUi
ti v
Q
O Cp 0
0.
E A
E
C ob
L m
j
_
V°
> .-
cu
C1]
A c
to
U O
p U
LCl C
us
_ N.o
c
r
O
oU' y
. -
C
•o
C
V T
A
c
� a
o �
cc V
F v
o o
o
¢
° v
o
c
r%
X
� -o �
p
C
U
E 0
iii tC N
E
00 L LLu
R
C C�
rLii X
T
Q
`p o
3
y v
V
!
c
y
E
E
c
to
LLJ
tQ
o
Z n.
vo.Q
in!
U
F":c2
0
d
L
Q
L
d
N
>
.y
B
a
h
�
O
�
U
�
a
Fh
C
�
N
N
3
�
Y
O
U
3
O
w
�
o
>
a
O
v R
c,.
y Q U
-C
L L
3 R 1]
O
-°
su. c
v
o
.n
c t O
0 oq c
c
Oun
A
c
v Q.
;?
`-'
cR
u
U C
O y
O
H
G
U
R
tj
C
Z
>
E
LLJ
R
E U
n.
cWvi
u
Ou
y
c
v
u s
o
v R
Ir.
=
n'
u m CIS
E O.. �?
ti
'D
R
v,
to
y R
U
yj
OnD
d
d
R
C
T
a
4.
° vRi Z'
U y c U
N
C
U
U .R+ LU
s R❑
3
y
E
> .;c
R
�
R
is U
a
A
p
Z
_
.0 C
'o R C
u
u
m O
O
= s
E D
UO p n
„
°
E 3
c L
w
CAu
E r
v
R
=
O.
CL cm c
p
c
°
co E n
A -
3 C
R y
E„y C
. E
N
C
R 2
E v v C 6Rl
u
'MO u
�
0� v
a
'a
�
n E
c as � ° E
c Z u
R
-
o v
" -1 o
Z E R
`o
R y
c a
L
tCC
C C
O V C y 'E
s 41
e
v7
c
o
a > o
-
Up 5 c
@ a
R
°
m
eLuLU s
R? is
7
u
£tE
a O
o
R
u
c
c
E
E
Q u
R
o g
C7 �xN
¢�
Z . . •
v
d
M
a
a
L
Y
7
y
s
d
h
Y
�
G
3�a
�
U
�
h
°
—
R E
U
o
E
A
2
cz
L
E
a
—
>
O
o E E y
�
c
U c
E
n
C �
_
O
E
Lam. 7
rJ =
E
CO R7
OG
E o
o
Nw
E:?o
c= o
o—�y
o p E=
V O d
A ti
O T
A
L C �Ly�-.
y>
CS.
C cCa
2
—
E° h
c
3 n.
T R
p
u
N .L
o n
p 0
Y O
YV.. O N
U
CC''
O
°RZ
tCL
r y f 4
p
OU @
O
C
�-' aG N
L E R
= 0
y I's
p ..
ou c
> o
M L
E v �.E
cc
> g E Q
E
N
u E
p
C C N p
c c c
y
=
Sc°
c v � E E
AVM E
y >,
mx
ms
R 'c_ Y o o
c° cwa-v_
N�,u cCa p
crn
a-
E
o y
[z
3
m y=;
ti E E
5 t c
c 0�- T
a
7
Q
u
cy aEi aEi
o Lu L O
E y
m
O C� C C
is �.
E
O
E' L
o
-j
C7 c R22
o
V n
_a �
Oa'2�
u>
e
O C Cc1 Ct]
O
O
O
Y
.a
R
L
Y
7
>
00
a
h
`
1
3
z
4
,
QUO
d
h
d
c
_•
!17
G
U
U O
O
R R
O
O
N v Gp
z 3 C
O
w L[7
p
u >
£ v
�
v
O'
� •D
`
•O
y cQ
U, y�
R y
M
ccCA
u
u -0E
c
z v cy
3
u :°
o R n
Q
v n
Rn L
N v—
°u
p
O>
R
U
u 7
0
a G
u
a
v .E �v
u E
a
O
m.an > N
L
E o
.D ..
A v 'O'
—
•O
u
n
U cO N y
v
y L U
N
o.
N
c°
� E
=
o
c
c� y E o
N u E
Cn
u
E
u u
t= u
u
a
d u CC-N
c
'm aQi 3
L
'u u
_CW F=-
au E
o
.: u ;E- o
o
o O
L
v
5
E c a
cc E
u¢ 0.
C.,
° c s
c
R o c
c
v
u
a
4 o
m c
v
N R
v
o
4
-
cr N .9
O
.=R+ w Q,
O R cCC
V C
L
v
Z R
a=i �= "
'D iC
R
3 R c a
7 0
N nz s
1
o u
Y
-0
V
v 3 .3
T T T v
~ 0
0
C
p R
cC0
O Cl
U Cp
cVE y v
R V`
r"
3 [}]
n
v
H nu
ru, 3
o r u
=
U'
C
aJ
U E
O
R
u u O u
N
u 'O
7
o L, LT
7 fC0 v
0
Ou cJ
°
u
v E c
E Q
v E
E E
E
c
rn
O v°
°
o° o
`u E
Y
E>
�-' L
A°
E c
R Q
Q c
u °
D
Y E R
L n
U E c
u
o 0
C
CO O
C N U
°
c
-
L:7 u 0
r
CIJ
C 0
y
L=
C a 0 R .9
C O Z. N
vu.o
— c A
aA
—
R
R= c
av own— o
R�n�
n u v:
c�
° 2
R°u
c
E
E
O c R
v y E n
O R C
v N°
u
,
u R
� v n
V
n Q
m e
u V
u R �_ =
A
y u R
'm
n
O E
m
c
Lt7 tb N G
V] N
W R
o y 'O cV0 —
m V U>
R
R
S
G L •• LL.
u
7
O Lc]
V=.' accv�
t
Q�"
4.
0] C
> C n A
UrnaL]vLi�
R p
n
a
✓'
d
a
d
B
i
w
�
Q
Li.
N
Q
�
M%
u
Q
Ll
N
Attachment B
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a),
FUNDING/ CONSIDERATION)
Category
Anticipated Expenditure Amount
Salaries/Fringe Benefits $ 105,806
Other Personal Services $
Expenses
Operating Capital Outlay $
Fixed Capital Outlay $
Total State Funds $ 105,806
(see section 17 — Funding/Consideration)
22
Attachment C
Program Statutes, Regulations and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 9G-6, 9G-11, 9G-19 and 9G-20, Florida Administrative Code
3. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc.,
Personal Earth Station and related equipment (hereinafter "the Equipment").
The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1)
the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes
Network Systems, Inc. ("HNS"), and the Division, (a copy of which is available from the Division)
regarding the procurement and use of the Equipment; and (2) the Services Agreement Between
Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is
available from the Division) (hereinafter, collectively, "the HNS Agreements") regarding the
operation of an interactive satellite communications service for the Division, the Recipient and
other sites. In particular, the Recipient agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and any
requests for repairs, service, maintenance or the like, shall be communicated directly and
exclusively to the Division's State Watch Office (SWO) (850) 413-9910.
B. That the Recipient will assist and comply with the instructions of the SWO and any technical
service representative responding to the report or service request. Recipient's personnel
shall cooperate with and assist service representatives, as required, for installation, trouble-
shooting and fault isolation, with adequate staff.
C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the
Equipment, accessories, attachments and related items without the express written approval
of the Division.
D. That the Recipient shall provide access, subject to reasonable security restrictions, to the
Equipment and related areas and locations of the Recipient's facilities and premises, and will
arrange permitted access to areas of third -party facilities and premises for the purpose of
inspecting the Equipment and performing work related to the Equipment. Service represen-
tatives and others performing said work shall comply with the Recipient's reasonable rules
and regulations for access, provided the Division is promptly furnished with a copy after
execution of this Agreement. The Recipient shall provide safe access to the Equipment and
will maintain the environment where the Equipment is located in a safe and secure condition.
The Recipient shall provide service representatives with access to electrical power, water and
23
other utilities, as well as telephone access to the Recipient's facility as required for efficient
service.
E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the
Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient
to procure insurance. The Division agrees to procure and maintain all risks insurance
coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the
Equipment in any manner which is inconsistent with the HNS Agreements, any policy of
insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or
regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or
allowed to deteriorate, except normal wear and tear resulting from its intended use. The
Recipient shall immediately report any damage, loss, trouble, service interruption, accident or
other problem related to the Equipment to the SWO, and shall comply with reasonable
instructions issued thereafter.
That any software supplied in connection with the use or installation of the equipment is
subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or
the Division's vendor(s). The use of one copy of said software is subject to a license granted
from HNS to the Department, and a sublicense from the Division to the Recipient, to use the
software solely in the operation of the Equipment, to commence on delivery of the software to
the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i)
copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii)
create or attempt to create, or permit others to create or attempt to create, by reverse
engineering or otherwise, the source programs or any part thereof from the object programs
or from other information provided in connection with the Equipment. The Recipient shall not,
directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third
party.
G. To comply with these provisions until the termination of the HNS Agreements.
H. The Division will cover the monthly cost of the satellite service provided to the Division
pursuant to the service agreement between Hughes Network Systems and the State of
Florida for the period of this agreement. The charge does not cover maintenance, repair,
additional equipment and other services not part of the initial order for services. The service
charge covers only the remote corrective maintenance specified in paragraph 4.3 of the
Service Agreement with HNS and does not cover other maintenance, repair, additional
equipment and other services not part of the initial order for services. In particular, the
service charge does not cover:
Maintenance, repair, or replacement of parts damaged or lost through
catastrophe, accident, lightning, theft, misuse, fault or negligence of the
Recipient or causes external damage to the equipment, such as, but not limited
to, failure of, or faulty, electrical power or air conditioning, operator error, failure
or malfunction of data communication equipment not provided to the Recipient
by the Division under this Agreement, or from any cause other than intended
and ordinary use.
24
Changes, modifications, or alterations in or to the equipment other than
approved upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the equipment or any accessories,
attachments or other devices.
The Recipient shall be independently responsible for any and all charges not part of the initial service
order.
(2) NAWAS
The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security
product that shall be monitored 24 hours a day/365 days a year. The U. S. Department of Homeland
Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections
and handsets are the responsibility of the recipient.
(3) VEHICLES
Written approval from the Director of the Division of Emergency Management must be obtained
prior to the purchase of any motor vehicle with funds provided under this Agreement. In the
absence of such approval, the Division has no obligation to honor such reimbursement request.
Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is
program income and must be applied toward the Recipient's Emergency Management
Preparedness and Assistance (EMPA) Base Grant expenditures.
(4) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and Budget
Circular A-102 - Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the
purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of the
Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and
procedures and applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252,
Florida Statutes, and appropriate administrative rules and regulations that guide the emergency
management program and associated activities.
25
(b) The Recipient certifies that funds received from the Emergency Management, Preparedness
and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from
one program under the Trust Fund be used to match funds received from another program under the
Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services,
emergency medical services, law enforcement, criminal justice, fire service, public works or other services
outside the emergency management responsibilities assigned to the Recipient's Emergency Management
Agency, unless such expenditure enhances emergency management capabilities as expressly assigned
in the local Comprehensive Emergency Management Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement (SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time
Director consistent with Rule 9G-19.002(6), Florida Administrative Code.
6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or partial
County Emergency Operation Center activation at a level equivalent to a State Emergency Operation
Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-
five (45) days following the conclusion of the activation, evaluate the performance of all elements of the
local emergency management program during that activation, and provide a written after action report to
the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational
information to educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and other
personnel only if the Recipient's Emergency Operation Center or field command office is in an activated
status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be
made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency
appropriately declared by local officials in response to an emergency event or threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new
or updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the
local emergency management program provided in s.252.38, Florida Statutes.
26
Attachment D
Reports
A. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary
progress reports prepared in conjunction with the Division's Regional Coordinator, and a final
close-out report, all in a format to be provided by the Division. All report formats provided by the
Division shall be made available to the Recipient on the Division's Internet site and a hard copy
will be mailed with a fully executed copy of the Agreement.
B. Each quarter, the Recipient shall provide the Division with a twenty-five percent (25%)
sampling of the total amount requested. The Recipient will need to submit a sampling
from the list below (i.e., invoice and check/proof of payment) with your reports unless
other sample documents are deemed necessary for audit purposes. To eliminate large
files and mailings, the Division will accept back up documentation on a CD if desired by
the county.
• Salaries: Supply copies of timesheets documenting hours worked and proof employee
was paid (i.e., earning statements/payroll registries)
• OPS/Contractual Services: Copies of contracts, MOUs or agreements with consultants
or sub -contractors providing services. Copies of invoices, checks and canceled checks
related to these services.
Expenses: Copies of invoices/receipts, checks and canceled checks
o If training/exercise is provided by contractor, an agenda, training materials,
exercise materials and copies of sign -in rosters of attendees should be included. If
planning is provided then will need copies of planning materials and work products
(i.e., meeting documents, copies of completed plans, etc.)
o For travel and conference activities, copies of all receipts must be submitted (i.e.,
airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel/conference. If conference,
a copy of the agenda must be provided. Proof of payment is also required for all
travel and conferences.
OCO: Copies of invoices/receipts, checks and canceled checks
FCO: Copies of invoices/receipts, checks and canceled checks
Copies of the general ledger each quarter should also be provided.
C. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year;
are due to the Division no later than thirty days after the end of each quarter of the
program year; and shall continue to be submitted each quarter until submission of the
final close-out report. The ending dates for each quarter of this program year are
September 30, December 31, March 31 and June 30.
D. The final close-out report is due forty-five days after termination of this Agreement.
E. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida
Administrative Code, historical budgetary information relating to the Recipient's Emergency
27
Management Program is also required. This information shall be developed based on guidelines
provided by the Department and shall be submitted to the Division no later than December 31,
2011. The Historical Information form must be prepared and signed by an official of the County's
Finance Office.
F. In a format provided by the Division, a proposed staffing summary and the counties position
descriptions shall be submitted to the Division not later than December 31, 2011.
G. If all required reports prescribed above are not provided 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 Paragraphs (10), (11) and (12), and Rule
9G-19.014, Florida Administrative Code. "Acceptable to the Division" means that the work
product was completed in accordance with generally accepted principles, guidelines and
applicable law, and is consistent with the Scope of Work.
28
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested,
budget data on which the request is based must be submitted. Any advance payment under this Agreement is
subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash
needs of the Recipient within the initial three months of the Agreement.
[ ] NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
ADVANCE REQUEST WORKSHEET
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate
forms and purchase start-up supplies and equipment. We
would not be able to operate the program without this advance.
If you are requesting an advance, complete the following worksheet
(A)
(B)
(C)
(D)
DESCRIPTION
FFV 2009
FFV 2010
FFV 2011
Total
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
' First three months expenditures need only be provided for the years in which you requested an advance. If you do not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
Cell D3
X $
DEM Award
(Do not include any match)
29
MAXIMUM ADVANCE
Y
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
j I Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
I I Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if
needed.
ESTIMATED EXPENSES
2011-2012 Anticipated Expenditures for First Three Months of
BUDGET CATEGORY
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
30
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
31
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
32
v
tr
Attachment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DCA Contract Number
Street Address
City, State, Zip
Date
33
Attachment H
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative 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 will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for 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 certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
34
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements 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 subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
35