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AGREEMENT #93EM- 1D- 11 -54 -10 -040
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, 1992, and
shall continue in full force and effect to, and including,
September 30, 1993.
B. The Grantee agrees to allocate the Subgrantee the
maximum sum of $26,120 which the Subgrantee will match with
$26,120 for the successful completion of the items of performance
agreed to herein.
C. It is agreed that liability of the Grantee under
this Agreement shall not exceed the total funds received by the
Grantee for this purpose.
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 Statutues. 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 applicable laws, rules,
regulations, ordinances and codes of the federal, statue and local
governments.
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II. REQUIREMENTS AND ASSURANCES
A. General Provisions. The Subgrantee hereby
assures 4nd certifies that it will comply with regulations,
policies, guidelines and requirements, including 44 CFR (Code of
Federal Regulations) Part 13 ( "Common Rule "), 44 CFR Part 302,
the Federal Emergency Management Agency Civil Preparedness Guid
(CPG) 1 -3, 1 -5 and 1 -32, Office of Management and Budget (OMB)
Circulars A -87, A -102 and A -128 as they relate to application,
acceptance and use of federal funds.
B. Lobbying.
1. The Subgrantee certifies, by their signature to
this Agreement, that to the best of his or her knowledge and
belief that no federal appropriated funds have been paid or will
be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
2. 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
"Scope of Work" describing the activities /projects to be
accomplished under this Emergency Management Assistance (EMA)
Agreement. Such Scope of Work is attached to and incorporated
herein as Exhibit A.
D. Compensation and Financial Reporting Requirements.
1. The Subgrantee shall use the funds available
from this Agreement to pay for Emergency Management Assistance
administrative expenditures in accordance with CPG 1 -3, June,
1987, Chapter 2, Parts 9 and 10 and CPG 1 -32. The Subgrantee
shall be reimbursed for costs incurred in the satisfactory
performance of work hereunder in an amount not to exceed the
total allocation as shown in Paragraph I.B. of this Agreement.
Funds will be released on a quarterly basis with the maximum
quarterly release not to exceed one - fourth (1/4) of the total
Agreement amount or as otherwise approved by the Grantee.
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2. Administrative Expenditure and Progress Reports
must be submitted on a quarterly basis. Progress reports are due
within fifteen (15), days after the end of each quarter.
Administrative Expenditure Reports are due within thirty (30)
days after the end of each quarter. A final Administrative
Expenditure Report, serving as the close -out report, is due
within forty -five (45) days after the termination of this
Agreement._ The Subgrantee shall not receive reimbursement for
quarterly expenditures until the quarterly progress report is
received by the Grantee.
E. Fiscal and Program Accountability. The Subgrantee
must establish fiscal control of subgrant funds and required
matching expenditures. 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 Subgrantee, check the accuracy and reliability of
accounting data, promote operating efficiency and encourage
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.
G. Unexpended Funds. Unexpended funds which are
reflected on the final Administrative Expenditure 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
forty -five (45) days. Such obligations must be related to goods
or services provided and utilized within the subgrant period.
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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 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 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 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.
J. 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, OMB Circulars
A -128 and A *33 for the purposes of auditing and monitoring the
funds awarded under this Agreement.
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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.
6. The complete financial audit report, including
all items specified in J.4. and 5. above, is due on or before
April 30, 1993 and shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2740 Centerview Drive
Tallahassee, Florida 32399 -2100
7. In the event the audit shows that the entire
funds, or any portion thereof, were 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.
8. The Subgrantee shall have all audits completed
by an independent public accountant (IPA) who shall either be 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.
L. Notice and Contact.
1. 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 identified below and said notification attached to
the original of this Agreement.
2. The Representative of the Grantee is the Grantee
contract manager for this Agreement, Robert G. Nave, Director,
Division ofinergency Management.
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3. The Representative of the Subgrantee responsible
for the administration of this Agreement is the County's
Authorized Official who executes this Agreement.
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 that the subcontractor is bound by the
terms and conditions of this Agreement with the Grantee.
2. The Subgrantee agrees to include in the
subcontract that the subcontractor shall hold the Grantee and
Subgrantee 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.
3. If the Subgrantee subcontracts, a copy of the
executed subcontract must be forwarded to the Grantee within
ten (10) days after execution.
III. REOUIREMENTS OF SECTION 287.058. FLORIDA STATUTES
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,NTefusal to comply with this provision shall
constitute a breach of contract.
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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: FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY: % BY:
A 3 'orized County Official Author/ Departm t Official
Jack London - Mayor /Chairman Joseph F. Myers
Name /Title Pr �AIX /Division Director
Name /Title
March 24, 1993 C
Date Date /
Federal Employer ID #59-6000749
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Catalog of Federal Domestic Assistance Number and Program
CFDA # 83.503 Emergency Management Assistance (EMA)
ATTEST: DANNY L. KOLHAGE, CLERK
By actjtutt G c
Deputes C1
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EXHIBIT A
SCOPE OF WORK
Ji0NROE
First Quarter Third Quarter
Second Quarter Fourth Quarter
QUARTER
TO BE
CATEGORY /ITEM COMPLETED STATUS
I. COUNTIES RECEIVING $15,000 OR LESS:
Item 1 - PLAN DEVELOPMENT AND UPDATE
a. Submit Peacetime Emergency Plan for 3rd
compliance review - June
b. Submit Nuclear Civil Protection Plan 4th
for compliance review - September
c. Develop or update Standard Operating ALL
Procedures
Item 2 - COUNTY CAPABILITY ASSESSMENTS
a. Revise and submit an updated 3rd
Radiological Protection Data Base
(RPDB -001) form
b. Complete and document Operability 4th
tests of Radiological Instruments
c. Submit a report on the number of 4th
NFS /RAC surveys reviewed
d. Identify and submit three potential 3rd
Disaster Field Office (DFO) sites for
the Federal Disaster Response Plan
as required by the FY '93 CCA
(EM 107) *
e. Identify and submit two potential 3rd
Point of Arrival (POA) sites for the
Federal Response Plan as required by
the FY '93 CCA (EM 107)*
f. Identify and submit two potential 3rd
Staging Area (SA) sites for the
Federal Response Plan as required by
the FY '93 CCA (EM 107)*
N
• i•avty 1"W L
QUARTER
TO BE
CATEGORY /ITEM COMPLETED STATUS
g. Identify and submit two potential 3rd
Mobilization Center (MC) sites for
the Federal Disaster Response Plan
as required by the FY '93 CCA
(EM 107)*
h. Identify and submit a minimum of 3rd
one potential Disaster Application
Center (DAC) site for each
municipality and unincorporated area
as required by the PEP plan criteria
i. Prepare and submit Capability and 1st
Hazard Identification Program report
Item 3 - TRAINING
a. EM Director /Program Manager or a 2nd
designee attend the EMA workshop
b. One EMA funded personnel must 3rd
complete Civil Defense Systems,
Programs and Policies Course
c. All part time personnel must 4th
complete Home Study Series (1 -4)
Item 4 - EXERCISES
a. Submit an updated Four -Year Exercise 2nd
plan (1990 - 1993), including 1 full -
scale and 3 functional exercises,
with appropriate rotation
b. Conduct an Exercise, according to 2nd
the County Four -Year Plan, with
appropriate Scenario Rotation
Item 5 - REGISTRATION OF PEOPLE WITH SPECIAL
NEEDS
Maintain current registration of people ALL
with special needs in accordance with
Chapter 252, F.S.
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QUARTER
TO BE
CATEGORY /ITgM COMPLETED STATUS
II. COUNTIES RECEIVING FROM $15,000 TO $40,000, IN
ADDITION TO ITEMS 1-5, 'MUST COMPLETE THE
FOLLOWING:
Item 6 - PUBLIC EDUCATION PROGRAM
a. Develop and maintain Emergency ALL
Public Information (EPI) Materials
b. Conduct Public Information Awareness ALL
Programs
c. Distribute Seasonal Public ALL
Information Materials
*CCA - Comprehensive Cooperative Agreement between
FEMA and the State of Florida