2. 06/20/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: August 16, 2012
•
TO: Jerald L. O'Cathey, Emergency
Mona geyrent, Senior Planner
C FROM: Isabel C. DeSantis, D.C. For
At the June 20, 2012, Board of County Commissioners meeting, the Board approved
Item C21 concerning a Memorandum of Agreement between Florida International University and
Monroe County whereby FIU will provide space for a functional/special needs shelter in event of
an evacuation; and granted authority for County Administrator to execute same.
Enclosed is a copy of the above-mentioned for your handling. Should you have any
questions, please do not hesitate to contact our office.
cc: County Attorney w/o document
Finance
File vi
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MEMORANDUM OF AGREEMENT BY, AND AMONG, FLORIDA INTERNATIONAL
UNIVERSITY AND MONROE COUNTY
This Memorandum of Agreement ("MOA") is entered into this t3 day of S.aa-fir 2012, by
and between The Florida International University Board of Trustees, by and on behalf of Florida
International University (hereinafter referred to as "FIU"), whose principal business address is 11200
S.W. 8'" Street, Modesto Maidique Campus, Miami, Florida 33199, and Monroe County (hereinafter
referred to as "COUNTY"), a political subdivision of the State of Florida, whose principal business
address is 1100 Simonton Street, Key West, Florida 33040.
PURPOSE
The purpose of this MOA is to establish the general conditions for the COUNTY to access and use FIU's
Recreational Center as a special/functional needs, hurricane evacuation center ("HEC") for COUNTY
Special Needs residents when it has officially declared an evacuation due to a threatened major
hurricane or due to some other natural or man-made disaster (collectively referred to herein as an
"EVENT"). The parties acknowledge, and agree, that this MOA supersedes and replaces, any, and all,
prior agreements on, or related to,this matter.
MOA Term: This MOA shall commence on the latest date it is fully executed by the parties and
shall end upon the earlier of: (a) December 31, 2022 or (b) termination/cancellation of the Federally-
Funded Subgrant Agreement for Emergency Power Generator for Special Needs Shelter between Florida
international University and The Florida Division of Emergency Management dated March 12, 2007,
Contract No. 07HM-NF-11-23-03-047 attached hereto and incorporated herein by reference as Exhibit A ✓
("FIU/Florida Division of Emergency Management Emergency Generator Contract").
It. FIU Responsibilities: FIU shall be responsible for the following with respect to this MOA:
1. FIU agrees to provide COUNTY (or its designated agent) with exclusive use of mutually
agreed to portions of FIU's Recreational Center for the establishment of a
special/functional needs HEC during an EVENT which necessitates the evacuation of
Monroe County Special Needs residents. FIU acknowledges that, depending upon the
extent of the disaster, the Special Needs sheltering population shall vacate the
facility(s) no later than five (5) days after the occurrence of the EVENT, unless this time-
frame is extended because the County has not yet declared the roads safe and passable
enabling reentry into the County.
2. FIU shall be in compliance with applicable federal, state and local laws (collectively
referred to as "LAWS"), FIU policies, procedures, and regulations in carrying out Florida
International University's obligations under this MOA subject to the condition that this
requirement shall not: (a) impose any additional responsibilities, liabilities, and/or
obligations on FIU other than those specifically delineated in this MOA and (b) require
FIU to incur any costs, expenses or other financial obligations unless specifically
provided in this MOA or otherwise agreed to by the parties in writing.
The parties agree that the NEC shall not be construed as a pet friendly Center. However,
in accordance with H.R. 3858 and the "Pets Evacuation and Transportation Standards
Act of 2006," as well as the Department of Justice revised final regulations implementing
the Americans with Disabilities Act (ADA) for Title II and Title III, "[E]ntities must permit
service animals to accompany people with disabilities in all areas where members of the
public are allowed to go." FIU shall not be responsible to provide care or food or a
special location for the service animal or assistance with removing animal excrement.
Monroe County agrees to remove a service animal from the premises if the animal's
behavior poses a direct threat to the health and safety of others. If a service animal is
excluded or removed for being a direct threat to others, the individual with a disability
will be provided the option of continuing access to the HEC without having the service
animal on the premises.
3. FIU shall be responsible for the normal day-to-day maintenance and repair to the
Recreation Center. If FIU incurs additional costs due to COUNTY's use and operation of
the Recreation Center, COUNTY shall be responsible, upon presentation of all necessary,
and appropriate, documentation within a thirty (30) day period, for the timely
reimbursement to FIU for any and all such costs.
4. FIU shall use best efforts to the extent feasible and practical in each emergency, to
maintain an ample quantity of fuel for operation of the emergency generator. As part
of this requirement, FIU will have the fuel tank filled on or before June 1" of each year
to the highest level which the tank can safely hold, or to a level adequate for a minimum
of four(4) days at actual emergency demand load as determined by fuel usage records.
5. At least thirty (30) days prior to each hurricane season (June 1), FIU, and COUNTY, shall
conduct a joint inspection of the Recreation Center.
Ill, Monroe County Responsibilities: Except as provided above,the COUNTY, at its own expense,
shall be fully responsible for the establishment and operation of the Recreation Center during
each EVENT, which shall include, but not be limited to:
1. Providing FIU with as much advance notice as possible regarding the need for the
Recreation Center through scheduled, pre-event, conference calls, and direct
communication with the FIU Emergency Management Director.
2. COUNTY shall also be in compliance with the LAWS and FIU regulations, policies, and
procedures.
3. Adhere, for all Recreation Center sheltering purposes, to FIU guidance that will be
developed by the parties at least thirty(30) days prior to hurricane season.
4. Ensuring that the location and available supplies,equipment,and services, are adequate
to meet the needs of Monroe County special needs residents.
5. The Florida International University Police Department and Monroe County Sherriff's
Office shall jointly determine the level of assistance, if any, required from each of their
respective police departments no less than three (3) days prior to each EVENT. Once
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determined, the Parties shall confirm their mutual determination in writing which can
be by email or other appropriate form under the emergency circumstances.
6. The COUNTY shall be responsible for repairing and/or replacing all parts of the
Recreation Center or other facilities damaged or destroyed by COUNTY or individuals
occupying the facility under COUNTY's auspices. Such notification(s) of any damage
resulting from the use of the facility, for sheltering purposes, must be in writing, and
shall be submitted to the COUNTY.
7. Notifying, FIU's Department of Emergency Management Director of any matters or
issues concerning the operations and/or management of the Recreation Center when
observed or otherwise made aware of.
8. COUNTY shall perform all of its obligations under this MOA at its sole cost and expense.
COUNTY shall be responsible for reimbursing FIU for all, appropriate, and accurately,
documented, costs and expenses incurred by FIU as a result of Recreation Center
activation. Reimbursement to FIU for such expenses shall be in accordance with the
Florida Local Government Prompt Payment Act.
IV. MOA Managers: FIU AND COUNTY have identified the following representatives as MOA
Managers. These individuals shall be responsible for coordinating activities and responsibilities under
this MOA and shall serve as liaison/agency contacts regarding issues or other matters arising out of this
MOA:
1. FIU MOA Manager: FIU Director of Emergency Management
Department of Emergency Management
11200 S.W. 8th Street
Miami, Florida 33199
Telephone: (305) 348-6975
E-Mail: abaiken@fiu.edu
2. Monroe County Manager: Monroe County Emergency Management Director
Monroe County Emergency Management Department
5192 Overseas Highway
Marathon, Florida 33050
Telephone: (305) 289-6018
E-Mail: Toner-lrene@monroecounty-FL.gov
V. INDEMNITY AND HOLD HARMLESS: It is the intent of the parties that each party be responsible
for the acts and omissions of its own officers, employees and agents. FIU and COUNTY each agree to be
responsible for the acts and omissions of their respective officers, employees, and agents, which occur
within the course and scope of their employment and which directly result in injury to third parties, to
the extent provided in Section 768.28, Florida Statutes.
As consideration for the use of the facilities,COUNTY agrees to indemnify and hold FIU, the FIU
Board of Trustees, the Florida Board of Governors and the State of Florida, and their respective officers,
employees, and agents, harmless from, and against, any and all liability, suits, claims, demands and
actions, costs, attorney's fees and expenses of any kind or nature whatsoever for any loss of life,
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personal, or economic injury, or damage, or loss, to property which is, or are, attributable to, negligent
acts or omissions of COUNTY officers, employees, agents or volunteers while using FIU' s premises and
facilities, and from, and against, any orders, judgments or decrees which may be entered pursuant
thereto. Nothing in this agreement shall be deemed to affect the rights, privileges and immunities
afforded FIU, the FIU Board of Trustees, The Florida Board of Governors, the State of Florida, and
COUNTY by law.
VI. Insurance: COUNTY shall provide FIU with certificates of insurance showing proof of general
liability coverage with limits to adequately cover the activities undertaken on FIU's property. At a
minimum, such policies shall provide comprehensive general liability coverage with limits of
$500,000/$1,000,000. All insurance policies shall designate FIU, the FIU Board of Trustees, the State of
Florida Board of Governors and the State of Florida as additional insured's. Unless otherwise agreed to
in writing, there shall be no exclusions or deductibles, unless agreed upon in writing in advance.
COUNTY may partially satisfy this requirement by providing proof of self-insurance up to the limits of the
State's waiver of sovereign immunity in Section 768.28, Florida Statutes.
VII. Termination: This MOA may be terminated upon mutual written consent of both parties.
Additionally, in the event of a default by either party under this MOA, the other party may
terminate this Agreement and pursue any and all rights available at law or in equity if such
default is not cured within a reasonable time period after a written notice of default is sent to
the defaulting party.
VIII. Miscellaneous Provisions:
1. Notice. If and when notice is required under this MOA, the notice shall be sent by first-
class mail, return receipt requested, Federal Express, with evidence of delivery thereof, or by hand-
delivery to the parties at the following addresses or such other address or manner as the parties may
designate in writing from time to time. In the event of an emergency, notice may be given orally and
confirmed in writing no less than twenty-four(24) hours later.
For FIU: Chief Financial Officer and Senior Vice President
Business and Finance
Florida International University
Modesto Maidique Campus
11200 S.W.8th Street
Miami, Florida 33199
Telephone: (305) 348-2101
Email: kiessell(alfiu.edu
With a Copy to:
FIU Director of Emergency Management
Department of Emergency Management
[Same Address as Above]
Telephone: (305)348-6975
E-Mail: abaiken@fiu.edu
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For Monroe County:
Monroe County Administrator
1100 Simonton Street,Suite 205
Key West, FL 33040
Telephone: (305) 292-4441
E-Mail: Gastesi-roman@monroecounty-FL.gov
With a Copy to:
Monroe County Emergency Management Director
Monroe County Emergency Management Department
5192 Overseas Highway
Marathon, Florida 33050
Telephone: (305) 289-6018
E-Mail: Toner-Irene@monroecounty-FL.gov
2. Mutual Cooperation. It is the intent of the parties to aid each other in their common
goal of emergency management preparation. To this end, the parties shall periodically confer to discuss
changes that are required in this MOA or its implementation. Additionally, the parties agree to
cooperate in the investigation of any claim arising from this MOA and to notify the other parties of any
claim or suit which arises out of the obligations of this MOA.
3. Non-Discrimination. No person shall be discriminated against, denied access to services
or the benefits of this MOA based on race,color,sex, national origin, age, religion, handicap or disability.
4. Severability. If any term, provision, covenant or condition of this MOA is held by a court
of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remainder of the
provisions of this MOA will remain in full force and effect.
5. Entire Agreement.This MOA,and all exhibits and attachments attached hereto, contains
the entire and complete understanding and agreement between the parties pertaining to the subject
matter herein, and supersedes any and all prior agreements or understandings, whether oral or written,
relating to the subject matter hereof.
6. Amendments.This MOA may be amended or modified by mutual consent of the parties,
provided any and all such amendments or modifications shall be in writing and signed by authorized
representatives of both parties.
7. Waiver. No waiver of any of the provisions of this MOA shall be deemed, or shall
constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a
continuing waiver. No waiver of any provision of this MOA shall be effective, unless in writing and signed
by the party to be charged. No delay in acting with regard to any breach of any provision of this MOA shall
be construed to be a waiver of such breach.
8. Assignability. Neither party may assign any interest in this MOA without the prior
written consent of the other party. Any attempted assignment shall be void and of no effect if not in
accordance with this MOA.
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9. Counterparts. This MOA may be executed in counterparts, each of which shall be
deemed to be an original, but all of which together will constitute one and the same MOA.
10. Independent Contractor Status. It is mutually understood and agreed that the
relationship between the parties shall be that of independent entities contracting with each other at
arm's length towards an independent contractor relationship. This MOA does not, and shall not, be
construed to create the relationship of agent, employee, partnership, joint venture or association
between the parties.
11. Compliance with Laws. Each party shall comply with applicable Laws pertaining to this
MOA.
12. Force Maieure. Neither party shall be liable to the other party for any interruption,
failure, inability, or delay to perform hereunder, if such failure, inability, or delay is due to any cause
beyond the reasonable control of the party so failing, including without limitation, acts of God, acts of
any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure,
telecommunications service failure or interruption, equipment, failure, industrial or labor dispute, or
inability to access necessary supplies, and due diligence is used in curing such cause and in resuming
performance.
13. Binding Agreement: This MOA shall be binding upon and shall inure to the benefit of,
the parties and their respective representatives, successors and permitted assigns.
14. Confidentiality: Monroe County shall ensure all staff assigned to this MOA maintains
confidentiality with reference to individual participants receiving services in accordance with applicable
Laws.
15. Health Insurance Portability and Accountability Act: To the extent applicable, the
parties shall comply with the Health Insurance Portability and Accountability Act of 1996 (42 U. S. C.
1320d-8), and all applicable regulations now or hereinafter promulgated thereunder.
INTENTIONALLY LEFT BLANK
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16. Sovereign Immunity: Nothing herein is intended to serve as a waiver of sovereign
immunity by either party under this MOA, to the extent applicable. Further, nothing herein shall be
construed as consent by a state agency, a public body corporate of the State of Florida or political
subdivision of the State of Florida to be sued by third parties in any matter arising under this MOA or
other agreement.
IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed by their undersigned
officials as duly authorized.
WITNESSES: The Florida International University
Board of ust
By: Kenneth A. ssell, Ph.D.
Title: CFO : •eni Vice Presi. •nt
Date: S/ ' 7r
Approve .rm andty:
By: Fleta Stamen
Title: /Associ to Gpgn:ral Counsel
Date: chilli Z
- Moonrr ty Administrator
By:By: Ro an
st4Ai
Title: Monroe County Administrator
Date: rill3'i2-
Approved as to form and I,:ality:
By: Suzanne . tton
Title: Monr. • County Attorney
Date:
MONR E COUNTY ATTORNEY
AP VE iO ryOF�A:
LIR, •
C THIA L. ALL
ASSISTANT COUNTY ATTORNEY
Date 3 'LS-74 "
7
Contract Number. Ol NIH'Alf I1-0--63-017-
FEDERALLY-FUNDED SUBGRANT AGREEMENT
FOR EMERGENCY POWER GENERATOR FOR SPECIAL NEEDS SHELTER
THIS AGREEMENT is entered into by and between the Florida Division of Emergency Management,with
headquarters in Tallahassee, Florida(hereinafter referred to as the"Division"),and The Florida International University
Board of Trustees(FIU),on behalf of Florida International University(hereinafter referred to as the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, Chapter 2006-71, Laws of Florida, as passed by the Legislature in 2006, provides that all
designated public special needs hurricane evacuation shelters should be equipped with permanent emergency power
generators by June 1,2007; and
B. WHEREAS, the Florida Department of Management Services ("DMS") and the Division have entered into a
Client-Agency Agreement under which DMS has agreed to survey selected public special needs shelters •
(-SpNS")facilities In Florida, and to manage the Installation of emergency power generators, fuel tanks and other
necessary mechanical,electrical and plumbing equipment to support the generators;and
C. WHEREAS, the Recipient owns or has control of a facility which has been designated by a local emergency
management agency per section 381.0303(2)(c), Florida Statutes, as a public SpNS and which has been selected by the
Division to receive an emergency power generator to support its use as a public SpNS;and
D. WHEREAS, the emergency power.generators and appurtenant equipment will require ongoing maintenance,
repairs and fueling throughout the lifetime of the generators and equipment;and
E. WHEREAS,the Recipient represents that it is fully qualified and eligible to receive these resources to provide
the services identified herein;and
F. WHEREAS,the Division has received the funds for these resources from the State of Florida,and has the
authority to subgrant these resources to the Recipient upon the terms and conditions hereinafter set forth;and
G. WHEREAS,the Division has authority pursuant to Florida law to disburse the resources under this
Agreement.
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NOW,THEREFORE,the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Scope of Work,Attachment A of
this Agreement.
(2) INCORPORATION OF LAWS,RULES.REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal laws,rules and
regulations.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin July 1,2006 and shall end December 31,2022, 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 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.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
ACommon Rule: Uniform Administrative Requirements for State and Local Governments"(53 Federal Register 8034)or
OMB Circular No.A-110,"Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Nonprofit
Organizations,"and,as applicable, OMB Circular No.A-87, "Cost Principles for State and Local Governments,"OMB
Circular No.A-21, "Cost Principles for Educational Institutions;'or OMB Circular No.A-122,"Cost Principles for Nonprofit
Organizations." If this Agreement is made with a commercial(for-profit)organization on a cost-reimbursement basis,the
Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
- - -----(b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this
Agreement,and the compliance of all subcontractors or consultants for a period of five years from the end date of this
Agreement,and shall allow the Division or its designee,Chief Financial Officer,or Auditor General access to such records
upon request at dates and times mutually agreed upon by the parties. The Recipient shall ensure that audit working
2
papers are made available to the Division or Its designee,Chief Financial Officer,or Auditor General upon request fora
period of five years from the end date of this Agreement, unless extended in writing by the Division prior to the end date of
this Agreement,with the following exceptions:
1. If any litigation,claim or audit is started before the expiration of the five year period and
extends beyond the five year period,the records will be maintained 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 of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years after dosing of title.
(c) The Recipient shall maintain all records for the Recipient and records received from ail
subcontractors or consultants in a form sufficient to determine compliance with the requirements and objectives of the
Scope of Work-Attachment A-and all applicable laws and regulations.
(d) The Recipient, its employees and agents, shall allow access to its records at reasonable times and
dates mutually agreed upon by the parties to the Division,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,excluding holidays. "Agents"shall include,but not be limited to,auditors retained by the
Division.
(8) 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 of all resources under this Agreement.
(b) These records shall be available at all reasonable times and dates mutually agreed upon by the
parties for Inspection,review,or audit by state personnel and other personnel duly authorized by the Division.
"Reasonable"shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00
a.m.to 5:00 p.m., local time,Monday through Friday,excluding holidays.
3 _
(c) The Recipient shall also provide the Division with the records,reports or financial statements upon
request for the purposes of auditing and monitoring the resources awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular
A-133,as revised,and in the event that the Recipient expends$500,000 or more in Federal awards in its fiscal year,the
Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-
133,as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Division by this
Agreement. In determining the Federal awards expended in its fiscal year,the Recipient shall consider all sources of
Federal awards,including Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133,as revised. An audit
of the Recipient conducted by the Auditor General In accordance with the provisions of OMB Circular A-133,as revised,
will meet the requirements of this paragraph.
In connection with the audit requirements addressed In this Paragraph 6(d)above,the Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised.
If the Recipient expends less than$500,000 in Federal awards in its fiscal year,an audit conducted in accordance
with the provisions of OMB Circular A-133,as revised,is not required. In the event that the Recipient expends less than
$500,000 In Federal awards in Its fiscal year and elects to have an audit conducted In accordance with the provisions of
OMB Circular A-133,as revised,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such audit
must be paid from Recipient resources obtained from other than Federal entitles).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as
revised,and required by subparagraph(d)above shall be submitted,when required by Section .320(d),OMB Circular A-
133,as revised,by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
[an electronic copy shall also be submitted to audlla.parrish@dca.state.fl.us]
and
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Division of Emergency Management
Critical Infrastructure/Facilities
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised(the number of copies required by
Sections.320(d)(1)and(2),OMB Circular A-133,as revised, should be submitted to the Federal Audit Clearinghouse),at
the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1011 Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular A-133,as
revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133,as revised,the Redpient shall submit a copy of the
reporting package described In Section.320(c),OMB Circular A-133,as revised,and any management letter issued by
the auditor,to the Department and the Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish@dca.stateM.us]
and
Division of Emergency Management
Critical Infrastructures/Facilities
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) My reports, management letter,or other Information required to be submitted to the Department or
the Division pursuant to this Agreement shall be submitted timely In accordance with OMB Circular A-133,Florida
Statutes,end Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the
Auditor General,as applicable.
(h) Recipients, when submitting financial reporting packages to the Department and the Division for
audits done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entitles)or 10.650(nonprofit
5
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.
(i) In the event the audit shows that the entire federal resources disbursed hereunder,or any portion
thereof,were not spent in accordance with the conditions of this Agreement,the Recipient shall be held liable for
reimbursement to the Division of all resources not used in accordance with these applicable regulations and Agreement
provisions within thirty(30)days after the Division has notified the Recipient of such non-compliance.
q) The Recipient shall have all audits completed by an independent certified public accountant(IPA)who
shall either be a certified public accountant or a public accountant licensed under Chapter 473, FlaStat. The IPA shall
state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department
and the Division no later than seven(7)months from the end of the Recipients fiscal year.
(7) REPORTS
(a) At a minimum,the Recipient shall provide the county emergency management agency and the
Division with annual reports and with a close-out report. The annual report shall document that the generator and
appurtenant equipment is being maintained as recommended by the respective product manufacturers and is In good
working condition. The report shall also indicate the number of hours of use,the quantity(gallons)of fuel consumed,and
if there have been any changes at the Site that will affect the designation of the facility as a public SpNS or the client
occupant capacity as published In the Division's biennial Statewide Emergency Shelter Plan, in addition to such other
Information as requested by the Division.
(b) Annual reports are due to be received by the Division no later than June 1st of each year,and shall
continue to be submitted each year until submission of the administrative dose-out report.
(c) The close-out report is due 60 days after termination of this Agreement. The close-out report shall
provide the same information as required in the annual reports,and In addition shall indicate the planned disposition or
continued use of the equipment.
(d) If all required reports and copies,prescribed above,are not sent to the Division or are not completed
in a manner acceptable to the Division,the Division may take such action as set forth in Paragraph(11) REMEDIES.
"Acceptable to the Division"means that the work product was completed in accordance with the Scope of Work.
6
(e) The Recipient shall provide such additional program updates or information as may be reasonably
required by the Division.
(8) MONITORING.
(a)The Recipient shall monitor its performance under this Agreement,as well as that of Its operations,
maintenance,repair and fuel service providers to ensure that the Scope of Work is fully met.
(b)The Recipient agrees that its facility,which is designated as a public SpNS by the local county emergency
management agency,will be listed and published as such in the Division's Statewide Emergency Shelter Plan so long as
this Agreement is in effect. Such publication will be a means by which the Division monitors performance under this
Agreement.
In addition to reviews of audits conducted in accordance with OMB Circular A-133,as revised and Section
215.97, Ha.Stet (see Paragraph(6)AUDIT REQUIREMENTS,above),monitoring procedures may Include,but not be
limited to,on-site visits by Division staff, limited scope audits as defined by OMB Circular A-133,as revised,and/or other
procedures. By entering into this Agreement,the Recipient agrees to comply and cooperate with all monitoring
procedures/processes reasonably deemed appropriate by the Division. In the event that the Division determines that a
limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional reasonable
Instructions provided by The Division to the Recipient regarding such audit. The Recipient further agrees to comply and
cooperate with any Inspections,reviews,investigations or audits reasonably deemed necessary by the 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 shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement,and
shalthold-the-Division harmless against all claims of whatever nature by third parties arising out of the performance of
work 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.
7
•
(b) Any Recipient who is a state agency or subdivision,as defined in Section 768.28,Fla.Stat.,agrees to
be fully responsible to the extent provided by Section 768.28 Fla.Stat.for its negligent acts or omissions or tortlous acts
which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said
acts or omissions to the extent permitted by and within the limits of 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
hereunder shall, If the Division so elects,terminate and the Division may,at its option,exercise any of its remedies set
forth in Paragraph(11),but the Division may continue to participate in this Agreement after the happening of any Events
of Default without thereby waiving the right to exercise such remedies,and without becoming liable to continue further
performance:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement
with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep,observe or
perform any of the obligations,terms or covenants contained in this Agreement or any previous agreement with the
Division and has not cured such in timely fashion,or Is unable or unwilling to meet its obligations thereunder,
(b) If any material adverse change shall occur in the financial condition of the Recipient at any time
during the term of this Agreement,and the Recipient fails to cure said material adverse change within thirty(30)days from
the time 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 In timely fashion any of its obligations under this
Agreement
(e) If the Recipient decides to discontinue making its facility available for use as a public SpNS, it must
move the equipment to a new site for a public SpNS as provided in the Scope of Work Paragraph C, and shall provide
8 _
prior written notice of that decision to the Division and the local emergency management agency. The Recipient shall
continue to make the original facility available for use as a public SpNS until such time as a suitable replacement has
been selected by the local emergency management agency, with the concurrence of the Division, and such facility is
adequately prepared to serve as a public SpNS.
(11) REMEDIES.
Uponthe happening of an Event of Default,then the Division may,at its option,upon thirty(30)calendar
days prior written notice to the Recipient and upon the Recipients failure to cure within said thirty(30)day period,
exercise any one or more of the following remedies, either concurrently or consecutively:
(a) Move and install the generator equipment,fuel tank and other appurtenances at another facility,at
the Recipient's expense,for use as a public SpNS,provided said equipment is in good working order as determined by
the inspection and approval of the Division;
(b) Terminate this Agreement,provided that the Recipient is given at least thirty(30)days prior written
notice of such termination. The notice shall be effective when placed in the United States mail,first class mail,postage
prepaid,by registered or certified mail-return receipt requested,to the address set forth in Paragraph(13)herein;
(c) Commence an appropriate legal or equitable action toenforce performance of this Agreement;
(d) Require Recipient to either return all of the equipment and appurtenances to the Division,or to pay to
the Division the fair market value of the equipment and appurtenances as of the date of termination;
(e) Exercise any corrective or remedial actions,to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons for or the extent
of non-compliance or lack of performance,
2. Issuing a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. advising the Recipient to suspend,discontinue or refrain from incurring costs for any activities
in question or -
4. requiring the Recipient to reimburse the Division for the amount of costs Incurred for any items
determined to be ineligible;
(f) Require that the Recipient return to the Division any funds or resources which were used for
ineligible purposes under the program laws,rules and regulations governing the use of these resources under this
program;
9
(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 identified below at the address set forth below and
said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Critical Infrastructure Manager •
Division of Emergency Management
'2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100 Telephone: 850.413.9859
Fax: 850.488.5777
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Mr. Victor Citarel1 a, P.E.
Associate Vice Prosi dent
Facilities Management
Telephone: gns—asx_[,nn0
Fax:305-34&-4014 —
Email:Victor@fm.fin.edu
(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 rendered as provided in(13)(a)above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement,the Recipient agrees to include
in any 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(Ill)the subcontractor shall hold the Division and Recipient.
harmless against all claims of whatever nature arising out of the subcontractors performance of work under this
Agreement,to the extent allowed and required by law. Each subcontractors progress in performing its work under this
Agreement shall be documented in the annual report submitted by the Recipient.
For each subcontract,the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority vendor.
]t —
•
(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 herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments hereto,the language of such attachments shall be controlling,but only to the extent of such conflict or
Inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 -Funding Sources
Attachment A— Scope of Work
(17) CONSIDERATION
The Recipient shall be supplied by the Division with an emergency power generator, fuel tank,generator housing
structure (where required), and such other mechanical, electrical and plumbing equipment as determined by DMS to be
necessary to support the generator and to provide the necessary electrical service for the public SpNS ('the resource?).
The electrical service must be sufficient to power air conditioning, lighting and elevator service for designated client-
occupied and necessary areas on both the first and second floors, in addition to such medical equipment as can be
reasonably anticipated to require electrical service during a hurricane or other event which requires use of the facility as a
public SpNS. The determination made by DMS in its survey as to the electrical generation needs of the facility shall be
deemed to be sufficient capacity. In consideration for receiving the resources, Recipient agrees to perform faithfully all
the tasks set forth in the Scope of Work.
(18) STANDARD 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 subsequent submission or
response to Division request,or in any submission or response to fulfill the requirements of this Agreement,and such
information, representations,and materials are Incorporated by reference. The lack of accuracy thereof or any material
12
changes shall,at the option of the Division and with thirty(30)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 lie in Leon County. If any provision hereof is in conflict with any applicable statute or
rule,or is otherwise unenforceable,then such provision shall be deemed null and void to the extent of such conflict,and
shall be deemed severable,but shall not invalidate any other provision of this Agreement.
(c) My power of approval or disapproval granted to the Division under the terms of this Agreement shall
survive the terms and life of this Agreement as a whole.
(d) The 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 seq.),if applicable,which prohibits discrimination by public and private entities on the basis of
disability in the areas of employment,public accommodations,transportation,State and local government services,and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,
or consultant under a contract with a public entity,and may not transact business with any public entity in excess of
Category Two for a period of 36 months from the dale of being placed on the convicted vendor list or on the discriminatory
vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on.a_contractto provide goods or services to a public entity,may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not award or perform work as a contractor,supplier,subcontractor,or consultant under contract with any public
entity,and may not transact business with any public entity.
13
(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) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to
allow public access to all documents,papers,letters or other material subject to the provisions of Chapter 119,Fla.Stat.,
and made or received by the Recipient in conjunction with this Agreement.
(j)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.
(k) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011,Fla.Stat.)
with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All such meetings shall be publicly noticed,open to the public,and the
minutes of all such meetings shall be public records,available to the public in accordance with Chapter 119,Fla.Stat,
(I) With respect to any Recipient which is not a local government or state agency, and which receives
resources under this Agreement from the federal government, by signing this Agreement,the Recipient certifies,to the
best of its knowledge and belief,that it and its principals:
1. are not presently debarred,suspended,proposed for debarment,declared ineligible,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 commission of 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;
14
(g) Exercise any other rights or remedies which may he otherwise available under
law;
(h) The pursuit of any one of the above remedies shall not preclude the Division from pursuing any other
remedies contained herein or otherwise provided at law or in equity. No waiver by either party of any right or remedy
granted hereunder or failure to insist on strict performance by either party shall affect or extend or act as a waiver of any
other light or remedy of either party hereunder,or affect the subsequent exercise of the same right or remedy by the party
for any further or subsequent default by the other party,
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause upon such written notice as is reasonable under
the circumstances. Cause shall Include,but not be limited to,misuse of resources;fraud;tack of compliance with
applicable rules,laws and regulations;failure to perform In a timely manner;and refusal by the Recipient to permit public
access to any document,paper,letter,or other material subject to disclosure under Chapter 119, Fla.Stat.,as amended.
(b)The Division may terminate this Agreement when it determines,in Its reasonable discretion,that the
continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of
resources, by providing the Recipient with thirty(30)calendar days prior written notice. .
(c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by
written amendment of this Agreement. The amendment shall establish 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, Once the relocated
public SpNS has been established at the new location,the Recipient will cancel as many outstanding obligations as
passible. Notwithstanding the above,the Recipient shall not be relieved of liability to the Division by virtue of any breach
of_Agraement by the Recipient. The Division may,to the extent authorized by law,withhold any payments to the
Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is
determined.
10
(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 identified below at the address set forth below and
said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Critical Infrastructure Manager
Division of Emergency Management
'2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
Telephone: 850.413.9859
Fax: 850.488.5777
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Mr. Victor CitareJ la, F.E.
Associate Vice President -
Facilities Management
Telephone:
Fax:305-�00
Emall:Victor@fm.fiu.edu
(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 rendered as provided In(13)(a)above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement,the Recipient agrees to include
in any subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all
applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Division and Recipient.
harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement,to the extent allowed and required by law. Each subcontractors progress in performing its work under this
Agreement-shall be documented in the annual report submitted by the Recipient.
For each subcontract,the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority vendor.
LL —
(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 herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments hereto,the language of such attachments shall be controlling,:but only to the extent of such conflict or
Inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 -Funding Sources
Attachment A— Scope of Work
(17) CONSIDERATION
The Recipient shall be supplied by the Division with an emergency power generator,fuel tank, generator housing
structure (where required), and such other mechanical, electrical and plumbing equipment as determined by DM5 to be
necessary to support the generator and to provide the necessary electrical service for the public SpNS('The resources').
The electrical service must be sufficient to power air conditioning, lighflng and elevator service for designated client-
, occupied and necessary areas on both the first and second floors, in addition to such medical equipment as can be
reasonably anticipated to require electrical service during a hurricane or other event which requires use of the facility as a
public SpNS. The determination made by DMS in its survey as to the electrical generation needs of the facility shall be
deemed to be sufficient capacity. In consideration for receiving the resources, Recipient agrees to perform faithfully all
the tasks set forth in the Scope of Work.
(18) STANDARD 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 subsequent submission or
response to Division request,or in any submission or response to fulfill the requirements of this Agreement,and such
information, representations,and materials are incorporated by reference. The lack of accuracy thereof or any material
12
changes shall,at the option of the Division and with thirty(30)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 lie in Leon County. If any provision hereof is in conflict with any applicable statute or
rule,or is otherwise unenforceable,then such provision shall be deemed null and void to the extent of such conflict,and
shall be deemed severable,but shall not invalidate any other provision of this Agreement.
(c) My power of approval or disapproval granted to the Division under the terms of Agreement shall
survive the terms and life of this Agreement as a whole.
(d) The 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 Wth Disabilities Act(Public Law 101.336,42
U.S.C.Section 12101 et seq.),if applicable,which prohibits discrimination by public and private entities on the basis of
disability in the areas of employment,public accommodations,transportation,State and local government services,and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids
on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,
or consultant under a contract with a public entity,and may not transact business with any public entity in excess of
Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory
vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
con rxmtact.tto provide goods or services to a public entity,may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not award or perform work as a contractor, supplier,subcontractor,or consultant under contract with any public
entity,and may not transact business with any public entity.
13
(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) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to
allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,Fla. Stat.,
and made or received by the Recipient in conjunction with this Agreement.
q)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("INK)]. 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.
(k) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011, Fla,Stat.)
with respect to the meetings of the Recipients governing board or the meetings of any subcommittee making
recommendations to the governing board. All such meetings shall be publicly noticed,open to the public,and the
minutes of all such meetings shall be public records,available to the public In accordance with Chapter 119,Fla.Stet,
(I) With respect to any Recipient which is not a local government or state agency, and which receives
resources under this Agreement from the federal government, by signing this Agreement,the Recipient certifies,to the
best of Its knowledge and belief,that it and its principals:
1. are not presently debarred,suspended,proposed for debarment,declared ineligible,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 commission of 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;
14
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 20(h)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.
Where the Recipient is unable to certify to any of the statements in this certification,such Recipient shall attach
an explanation to this Agreement.
In addition,the Recipient shall submit to the Division(by email or by facsimile transmission)the completed
'Certification Regarding Debarment, Suspension,Ineligibility And Voluntary Exclusion" (Attachment H)for each
prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the
Division prior to the Recipient entering into a contract with any prospective subcontractor.
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the
resources to be provided under this Agreement and that,if applicable,its governing body has authorized,by resolution or
otherwise,the execution and acceptance of this Agreement with all covenants and assurances contained herein. The
Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of
this Agreement.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their undersigned
officials as duly authorized.
Recipient:
THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES
(FIU)on behalf of FLORIDA INTERNATIONAL UNIVERSITY
w/
By: f ri Gm✓ 7
Name and Title: Viviaann 5£nncche z 7r. Vice President & Chief Financial Officer
Date: Q1y/�6
SAMAS# FID# 65-0177616 APPROVED AS TO FORM AND
AGENCY # 103 LEGAL SUFFICIENCY .
Univoraftr3,eral Counsel B. a1
15 Maggie Barret*Asocial.General General Conned
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Kkr Ch- rteo � •
�Name and Title: e �m /th("ticAdy
Date: t/- 02-o-
16
•
•
•
EXHIBIT-1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Not Applicable .
Federal Program(list Fedej��cyv Catalog of Federal Domestic Assistance title and number)—
CFDA# ``77�� %%
$ (amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements es follows:DEM MUST COMPLETE THIS PAGE,ABOVE AND BELOW
1. First applicable compliance requirement(e.g., what services/purposes resources must be used for).
2. Second applicable compliance requirement(e.g., eligibility requirements for recipients of the resources).
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a
specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility
determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law,
rule,or regulation referred to.
NOTE:Section .400(d)of OMB Circular A-133, as revised requires that the information about Federal Programs and State
Projects included in Exhibit 1 be provided to the Recipient.
•
•
17
Attachment A
Scope of Work
A. The Recipient agrees to installation of emergency power generator equipment, fuel tank and other required
appurtenances and necessary site alterations at the following selected SpNS site(s):
Florida International University(FIU)
The Division agrees to use its best efforts to cooperate with the Recipient in resolving any differences as to design and
installation prior to the permitting process.
B. The Recipient agrees to permit timely access to the Division, DMS and their agents, contractors and employees
to the selected public SpNS site(s)In order for the Division, DMS,their agents,contractors and employees to perform the
necessary work,to survey the selected site for the purpose of determining renovation and design requirements, to inspect
and do such other work as is needed at the site prior to construction,during construction and after construction, including
the preparation and review of construction documents (plans). In addition, the Recipient will permit access to the site to
any and all state, local and federal regulatory agencies for inspection, permitting or such other legal purposes as are
deemed appropriate by the Division or DMS. Access shall be provided by the Facility Owner or its designee at least from
Monday through Friday from 8:00 am to 5:00 pm local time, or at other reasonable times as mutually agreed upon. The
Recipient understands that the installation schedule established in Ch. 2006-71, Laws of Florida Is very challenging and
agrees to assist by expediting such actions as are safe, lawful and within the owners control or authority,such as access
to existing construction documents and specifications, permitting, security clearance measures and temporary storage of
necessary construction materials and equipment. The plans for the installation will be permitted through the Recipient,
and the Recipient agrees to expedite the processing of the permits.
C. The Recipient agrees that, beginning June 1, 2007, and continuing through at least December 31, 2022 to
maintain the site as a designated public SpNS, and agrees that, upon the request of state or local emergency
18
•
management agencies during a declared state or local emergency, to provide or make available the designated facilities
and necessary personnel to operate the equipment provided under this Agreement. The requesting state or local
emergency management agency will coordinate with the Recipient when requesting the use of such facilities. The
requesting agency or its authorized designee is responsible for management of the opening, operation, demobilization
and closing of the facilities used as a public SpNS.
D. The Recipient and the local emergency management agency may mutually agree to move the emergency power
generator and related equipment to another public SpNS site,provided that:
(1)the written approval of the Division is first obtained;
(2) it is first determined that the emergency power generator is in good working order and will be sufficient to
power air conditioning and lighting for the designated client-occupied and necessary area(s), including such
medical equipment as can be reasonably anticipated to require electrical service during a hurricane or other event
which requires use of the facility as a public SpNS;
(3) the generator equipment,fuel tank and other appurtenances are moved and installed at the other facility for
use as a public SpNS at the expense of the Recipient and/or the local emergency management agency,and that
none of such cost shall be borne by the Division;
(4) the new site will be able to serve at least as many persons as a public SpNS as the original site designated
under this Agreement;and
(5) either the original site designated under this Agreement or the new site will be ready for occupancy as a
hurricane shelter by at least June 1 of each year.
.E. Redplent agrees to keep and maintain records which document the operation, maintenance and fuel usage for
the emergency power generator at Its public SpNS site. The emergency power generator and fuel tank will be provided
with an extended warranty package.that includes a maintenance and service agreement for the term of the extended
warranty. Maintenance shall be performed by properly qualified persons, in accordance with the recommendations and -
requirements of the manufacturers of the generator and other essential equipment to ensure that the warranty and any
19
extended warranty remains in full force and effect for the entire term. All warranties from the original manufacturer
accruing to the equipment, fuel tank or any appurtenant items will be assigned to the Recipient. Recipient agrees to
accept financial responsibility for all unforeseen expenses not covered under manufacturer extended warranty package
and associated maintenance and service agreement.
F. Recipient agrees to maintain in good repair and operation for the full term of this Agreement(until December 31,
2022)the emergency power generator and related equipment at the Site upon completion of installation of the equipment,
at the sole expense of Facility Owner. Maintenance, repair and operating costs may be shared through mutual agreement
with the local emergency management agency or its designee. Recipient agrees to have the furnished fuel tank filled on
or before June 1st of each year to the highest level which the tank can safely hold,or to a level adequate for a minimum of
four (4) days at actual emergency demand load as determined by respective fuel usage records. Throughout the
hurricane season (June 1st through November 30th of each year), Recipient will make every effort,to refill the fuel tank
following any event in which the electrical generator equipment is operated for a period In excess of one(1)day.
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