Item C16BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21 & 22, 2001 Division: Public Works
Bulk Item: Yes X No Department: Engineering
AGENDA ITEM WORDING: Approval to enter into contract with the State of Florida,
Department of Community Affairs in acceptance of Hazard Mitigation Grant Program funds for the
FEMA Project 1259-0019, Gato Building Retrofitting Project.
ITEM BACKGROUND: On November 30, 2000, an application for Hazard Mitigation Grant
Program funds was submitted to the State of Florida, Department of Community Affairs for the
Gato Building Retrofitting Project. The request was for funds needed to upgrade the windows to
withstand 155 mph wind loads. On January 8, 2001, the State notified us that our application
was approved. The grant amount is for $674,826.00. The grant will replace infrastructure sales
tax funds budgeted for this work.
PREVIOUS RELEVANT BOCC ACTION: On April 14, 1999, the Board granted approval to
submit the grant application under the Hazard Mitigation Grant Program.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $674,826.00 BUDGETED: Yes X No
$506,120.00 (75%) Federal Share
$ 84,353.00 (12.5%) State Share
$ 84,353.00 (12.5%) County Share
Cost to County: $84,353.00 Account # - - -
REVENUE PRODUCING: YES _ NO X AMOUNT PER MONTH YEAR
APPROVED BY: Coun OMB/Purchasing k Manag ent
Item Prepared b .
Stephanie Coffer, Construction Manag �i S. �Kqpp
P.E., County Engineer
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
o L%D7 /v
DOCUMENTATION: Included X To follow Not required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract # FEMA Project 1259-0019
Contract with: Department of Community Affairs
Contract Purpose/Description:
Date:
Expiration Date:
The Department of Community Affairs and the Federal Emergency Management Agency have
Approved the obligation of Hazard Mitigation Grant Program funds for the Gato Building
Retrofitting Project.
Contract Manager: David Koppel/Stephanie Coffer 4427/4468
(Name) (Ext.)
Engineering/Construction Management
(Department)
for BOCC meeting on: 02/21/01 & 02/22/01 Agenda Deadline: 02/07/01
Total Dollar Value of Contract:
Budgeted? Yes X No
Grant: $ 590,473.00
County Match: $ 84,353.00
Estimated Ongoing Costs: $ 0
(Not included in dollar value above)
Division Director
Risk anage ent
O.M.B./Pur sing
County Attorney
Comments :1 C N\ -
NIL
Date In
CONTRACT COSTS
$ 674, 826.00 Current Year Portion: $ 674, 826.00
Account Codes: 2e.2c�' ePQ 4Jcti�
ADDITIONAL COSTS
/yr- For: N/A
maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Needed ewer
Yes No `
Ll3j-,,,/O
• • -, — W/P
q li • V
W—a ruuu rzvlacu ONVIYJ M\.r AL
Date Out
Contract Number:01 HM-4R-11-54-15-009
CFDA Number: 83.548
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Monroe County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, Hurricane Mitch produced disastrous weather conditions which had
a devastating impact upon the State of Florida; and
B. WHEREAS, the severity of the damage loss resulted in the declaration of an
emergency by the Governor; and
C. WHEREAS, The President of the United States has concurred and has declared a
major disaster designated FEMA-DR-1259-FL; and
D. WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of
the Presidential Declaration, has made available federal funds for hazard mitigation grants; and
E. WHEREAS, the Florida Legislature has made funds available through the
Department in order to provide the Recipient funds required to meet the local match requirement;
and
F. WHEREAS, the Recipient represents that it is fully qualified, possesses the
requisite skills, knowledge, qualifications and experience to provide the services identified
herein, and does offer to perform such services, and
G. WHEREAS, the Department has a need for such services and does hereby accept
the offer of the Recipient upon the terms and conditions hereinafter set forth, and
H. WHEREAS, the Department has authority pursuant to Sections 252.35, 252.36,
252.37, 252.38 and 163.03, Florida Statutes ffla. Stat.) and other pertinent Florida law to
disburse the funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement. Within thirty (30) days of execution of
this Agreement, Recipient shall submit to the Department, for its approval, a detailed
Scope of Work and a detailed line item Budget which shall govern the performance of the
Recipient hereunder, and which shall be incorporated by reference in this Agreement
through a modification signed by both parties. The Scope of Work must include specific
interim due dates for each task or activity which is necessary to accomplish the project for
which this grant is awarded. Failure to complete any task or activity by the due date set
forth in the Scope of Work will be an Event of Default under Paragraph 9 herein. The
Application of the Recipient for this grant, as approved by the Department, is hereby
incorporated by reference, and the terms of that approved Application are binding upon
the Recipient.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties, and shall end twenty-four
(24) months from the date of execution, unless terminated earlier in accordance with the
provisions of paragraph (9) of this,Agreement.
(4) MODIFICATION OF CONTRACT,• REPAYMENTS
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.
Notwithstanding the foregoing, any budget changes which do not increase the overall cost
of the project or change the scope of work do NOT require a written modification to this
Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to
the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(5) RECORD KEEPING.
(a) Recipient's performance under this Agreement shall be subject to 44 CFR Part 13
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments" and OMB Circular No. A-87.
(b) In the event that more than one project is funded under this Agreement, the funds
received by the Recipient for each project may not be commingled, and the funds
obligated or expended for each project must be accounted for separately, with
separate record keeping for each project.
(c) All original records pertinent to this Agreement shall be retained by the Recipient
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.
(d) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A - and all other applicable laws and
regulations.
(e) 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 Department, its employees, and agents.
"Reasonable" shall be construed according to the circumstances but ordinarily
shall mean during normal business -hours of 8:00 a.m. to 5:00 p.m., local time, on
Monday through Friday. "Agents" shall include, but not be limited to, auditors
retained by the Department.
(6) REPORTS.
(a) The Recipient shall provide quarterly progress reports to the Department, using
the attached Quarterly Report Form, Attachment F. The first report is due on the
first day of the federal quarter, after the date of execution of this Agreement and
quarterly thereafter until the work has been completed and approved through final
inspection. Therefore, reports shall be due on January 1, April 1, July 1, and
October 1. Reports shall indicate the status and completion date for each project
funded, any problems or circumstances affecting completion dates, or the scope of
work, or the project costs, and any other factors reasonably anticipated to result in
noncompliance with the terms of the grant award. Interim inspections shall be
scheduled by the Recipient prior to the final inspection and may be requested by
the Department based on information supplied in the quarterly reports. The
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Department may require additional reports as needed. The Recipient shall, as
soon as possible, provide any additional reports requested by the Department. The
Department contact will be the state hazard mitigation officer for all reports and
requests for reimbursement.
(b) Recipient shall provide the Department with a close-out report on forms provided
by the Department. The close-out report is due no later than sixty (60) days after
termination of this Agreement or upon completion of the activities contained in
this Agreement.
(c) If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department
may withhold further payments until they are completed or may take such other
action as set forth in paragraph (9). The Department may terminate the
Agreement with a Recipient if reports are not received within 30 days after written
notice by the Department. "Acceptable to the Department" means that the work
product was completed in accordance with generally accepted principles and is
consistent with the Budget and Scope of Work.
(d) Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work is being accomplished
within specified time periods, Recipient is complying with all terms and conditions of
this Agreement, and other performance goals are being achieved. Such review shall be
made for each function or activity set forth in Attachment A to this Agreement and each
term and condition established herein. _
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this
agreement, and shall save the Department 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 Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat, agrees to be fully responsible for its negligent acts or omissions or
tortious acts which result in claims or suits against the Department, and agrees to
be liable for any damages proximately caused by said acts or omissions. Nothing
In
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.
(9) DEFAULT. REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of
Management and Budgeting, or if any of the following events occur ("Events of
Default"), all obligations on the part of the Department to make any further
payment of funds hereunder shall, if the Department so elects, terminate and the
Department may, at its option, exercise any of its remedies set forth herein, but the
Department may make any payments or parts of payments after the happening of
any Events of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this
Agreement or any previous Agreement with'the Department 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 terms or covenants
contained in this Agreement or any previous agreement with the
Department and has not cured such in timely fashion, or is unable
or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial
condition of the Recipient at any time during the term of this
Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, 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 Department.
3. If any reports required by this Agreement have not been submitted
to the Department or have been submitted with incorrect,
incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely
fashion any of the services required under the Budget and Scope of
Work attached hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may; at its
option, upon written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise any one or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one of the following
5
remedies shall not preclude the Department from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
1. 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 (10)
herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any corrective or remedial actions, to include but not be
limited to, requesting additional information from the Recipient to
determine the reasons for or the extent of non-compliance or lack
of performance, issuing a written warning to advise that more
serious measures may be taken if the situation is not corrected,
advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the
Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise
available under law;
(c) The Department 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 funds; fraud; lack 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.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice
of administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
6
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The
Department may, to the extent authorizedby law, withhold any payments to the
Recipient for purpose of set-off until such time as the exact amount of damages
due the Department from the Recipient is determined. In the event that the
Federal Emergency Management Agency (FEMA) de -obligates funds previously
authorized under this Agreement, or under any other FEMA funded agreement
administered by the Division of Emergency Management within the Department,
then the Recipient shall immediately repay said funds to the Department. If
Recipient fails to repay said funds, then Recipient authorizes the Department to
recoup said funds from funding otherwise available under this Agreement or
under any other grant agreement with Recipient administered by the Department.
(10) 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. "Notices" shall mean
communications regarding the addition of funding or projects, and the
implementation of any action under paragraph (9) of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 922-5944
Fax: (850) 922-1259
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Ms. Stephanie Coffer, Construction Manager
Monroe County
5100 College Road
Key West, Florida 33040
Telephone: (305) 292-4468
Fax: (305) 295-4321
(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 (10)(a) above.
(11) OTHER PROVISIONS.
(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 its Application, this Agreement, in any subsequent submission or response to
Department 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 changes
shall, at the option of the Department and with thirty (30) days written notice to
the Recipient, cause the termination of this Agreement and the release of the
Department 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) No waiver by the Department of any right or remedy granted hereunder or failure
to insist on strict performance by the Recipient shall affect or extend.or act as a
waiver of any other right or remedy of the Department hereunder, or affect the
subsequent exercise of the same right or remedy by the Department for any further
or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department 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 sea.), 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 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
8
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 or
discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this agreement from the federal government, the
Recipient certifies, to the best of its knowledge and belief, that it and its
principals:
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 three-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;
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 I I (g)2. of this certification; and
4. have not within a three-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.
(12) AUDIT-REOUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accgpted accounting principles, to account for the
receipt and expenditure of funds under this Agreement.
01
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall
mean normal business hours of 8:00 am. to 5:00 p.m., local time, Monday
through Friday.
(c) The Recipient shall also 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) In the event that the Recipient expends $300,000 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 funds awarded through the Department by
this agreement. In determining the Federal awards expended in its fiscal year, the
Recipient shall consider all sources of Federal awards, including Federal funds
received from the Department. 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 OMB Circular A-133, as revised, will
meet the requirements of this part.
In connection with the above audit requirements, 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 $300,000 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 _
$300,000 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 funds (i.e., the cost of such an audit must
be paid from Recipient funds obtained from other than Federal entities).
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.
10
3. Copies of audit reports 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:
(a) The Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
(b) 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 10th Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass -through entities in accordance
with Sections .320 (e) and (f), OMB Circular A-133, as revised.
(d) Pursuant to Section .320(f), OMB Circular A-133, as revised, the
TM Recipient shall submit a copy of the reporting package described in
Section .320(c), OMB Circular A-133, as revised, and any
management letters issued by the auditor, to the Department at the
following program address:
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
11
(e) In the event the audit shows that the entire funds disbursed
hereunder, or any portion thereof, were not spent in accordance
with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent
in accordance with these applicable regulations and Agreement
provisions within thirty (30) days after the Department has notified
the Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting
documents, statistical records, and any other documents pertinent
to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation
or an audit has been initiated prior to the expiration of the
three-year period, the records shall be retained until the litigation
or audit findings have been resolved.
(g) 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, Fla. Stat. The IPA shall state that the audit complied with the
applicable provisions noted above.
(h) The audit is due seven (7) months after the end of the fiscal year of
Recipient or by the date the audit report is issued by the state
Auditor General, whichever is later.
(i) An audit performed by the State Auditor General shall be deemed
to satisfy the above audit requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement,
the Recipient agrees to include in the subcontract that the subcontractor is bound
by the terms and conditions of this Agreement with the Department.
(b) The Recipient agrees to include in the subcontract that the subcontractor shall
Cold the Department 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 by law.
(c) If the Recipient subcontracts, a copy of the executed subcontract must be
forwarded to the Department within five (5) days of execution.
12
(d) Contractual arrangements shall in no way relieve the Recipient of its
responsibilities to ensure that all funds issued_ pursuant to this grant be
administered in accordance with all state and federal requirements.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) 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:
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
(16) FUNDING/CONSIDERATION.
Award Letter(s) and Obligations Report(s)
Program Statutes and Regulations
Lobbying Prohibition/Certification
Statement of Assurances
Request for Advance or Reimbursement
Quarterly Report Form
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed
quarterly for costs incurred in the satisfactory performance of work hereunder in
an amount not to exceed the amounts listed in Attachment A (Award Letter(s) and
Obligation Report(s)), subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(15),
Fla. Stat. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months, based upon the funds
being equally disbursed throughout the. contract term. For a federally funded
contract, any advance payment is also subject to 44 CFR Part 13, Federal OMB
Circulars, A-87 and the Cash Management Improvement Act of 1990. If an
advance payment is requested, the budget data on which the request is based and a
justification statement shall be Submitted to the Department contract manager
using Attachment E. Recipient shall specify the amount of advance payment
needed and provide an explanation of the necessity for and proposed use of these
funds. All funds shall be deposited in an interest bearing account. Any interest
earned must be promptly, but at least quarterly, remitted to the Department.
13
(c) All funds shall be requested on forms provided by the Department for that purpose
which accompany this Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) 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 and Section 252.37, Fla. Stat. or the
Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months
and shall be subject to the same terms and conditions set forth in the initial
Agreement. There shall be only one extension of the Agreement unless the failure
to meet the criteria set forth in the Agreement for completion of the Agreement is
due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs 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. -
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be
applied against the Department's obligation to pay the contract amount.
(g) 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
Department shall consider the employment by any contractor of unauthorized
aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient
of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
14
(18) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state agency.
Refer to Attachment C for additional terms and provisions relating to lobbying.
(19) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds 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.
(20) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment D.
(21) SPECIAL CONDITIONS.
Failure of the Recipient to comply with the program statutes and regulations in
Attachments B and D of this Agreement shall be cause for the immediate suspension of
payments or the immediate termination of this Agreement.
(22) FUNDING and INSURANCE.
The Department shall provide Hazard Mitigation Grant Program (HMGP) funds as
described in Attachment A (Award Letter(s) and Obligation Report(s)) for eligible and
allowable costs incurred in performing the project(s) identified in Attachment A. Eligible
and allowable costs shall be determined in accordance with the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 44 Code of Federal Regulations (CFR)
Part 206, 44 CFR Part 13, and other applicable HMGP guidance. Administrative costs
shall be compensated in accordance with 44 CFR 206.439(b)(1)(ii).
The Department may make an award of additional funds, and authorize funding for
additional HMGP projects approved by`FEMA, by subsequent Award Letter and
Obligation Report delivered to the Recipient's Representative identified in paragraph 10.
Should Recipient determine it does not wish to proceed based upon the award of
additional funds and additional projects, then Recipient shall provide notice to the
Department contact within thirty (30) days of receipt of the Award Letter and Obligation
15
Report. Otherwise, Recipient shall provide its notice of acceptance and intent to proceed
within forty-five (45) days of receipt of the Award Letter and Obligation Report. The
terms of this Agreement shall be considered to have been modified to include the
additional funds and project(s) upon receipt of the notice of acceptance and intent to
proceed.
The Recipient shall utilize the attached form entitled "Request for Advance or
Reimbursement of Hazard Mitigation Grant Program Funds," Attachment E,
to obtain funds under this Agreement. This form is hereby incorporated into this
Agreement by reference. The final payment of funds will be made only after project
completion, submission of all required documentation, final inspection, and a request for
final reimbursement. Recipient agrees to promptly commence and to expeditiously
complete the scope of work identified herein. All work shall be completed within two
years of the execution of this Agreement, or prior to such deadline as established by the
Federal Emergency Management Agency or the Scope of Work as approved by the
Department, whichever is sooner.
Recipient agrees, as a condition of receipt of funding pursuant to this Agreement, to
obtain reasonably available, adequate, and necessary insurance for the type or types of
hazard for which the major disaster was declared, accordance with the requirements of 44
CFR 206 subpart I. Recipient agrees to obtain and maintain comprehensive liability and
workers compensation insurance, as well as pertinent performance and bids bonds, for the
construction period of the project.
(23) DUPLICATION OF BENEFITS PROHIBITION.
In accordance with the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Recipient shall notify the Department, as soon as practicable,
of the existence of any insurance coverage for the costs identified in the application,and
of any entitlement to or recovery of funds from any other source for the project costs,
including Small Business Administration funding, Minimum Home Repair funds, and
other Federal, State and private funding. Allowable costs shall be reduced by the amount
of duplicate sources available. The Recipient shall be liable to the Department to the
extent that the Recipient or ultimate beneficiary receives duplicate benefits from any
other source for the same purposes for which the Recipient or ultimate beneficiary has
received payment from the Department. The Recipient shall immediately remit to the
Department any duplication of benefits payment received by the Recipient. In the event
the Department determines a duplication of benefits has occurred, Recipient hereby
authorizes the Department or the Comptroller of the State of Florida to take offset action
against any other available funding due'"the Recipient. The Comptroller is authorized to
pay such offset to the Department upon written notice from the Department. In addition,
Recipient shall ensure, as a condition of funding under this Agreement, that all required
Privacy Act releases and Duplication of Benefit paperwork is completed.
16
s-
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
RECIPIENT:
BY:
Name and Title:
Date:
FEID#
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY- AFFAIRS
%•
Name and Title: Joseph F. Myers, Director, Division of Emergency Management
Date:
17
Attachment A
Budget and Scope ofNVork
The Recipient shall fully perform the approved hazard mitigation project, as described in
Attachment A (Award Letter(s) and Obligation Report(s) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs indicated
therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement.
Recipient shall not deviate from the approved project and the terms and conditions of this
Agreement. Recipient shall comply with any and all applicable codes and standards in
performing work funded under this Agreement, and shall provide any appropriate maintenance
and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter
163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land
uses authorized for, only those uses which are permitted under the comprehensive plan and land
development regulations. The Recipient shall be responsible for ensuring that any development
permit issued and any development activity or land use undertaken is, where applicable, also
authorized by the Water Management District, the Florida Department of Environmental
Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any
federal, state, or local environmental or land use permitting authority, where required. Recipient
agrees that any repair or construction shall be in accordance with applicable standards of safety,
decency, and sanitation, and in conformity with applicable codes, specifications and standards.
Recipient will provide and maintain competent and'adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved plans and
specifications and will furnish progress reports and such other information as may be required by
the assistance awarding agency or state.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property establishes the following deed covenants and restrictions,
which shall run with and apply to any property acquired, accepted, or from which a structure will
be removed pursuant to the project:
(a) the property will be dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, or wetlands management practices;
(b) no new structure will be erected on property other than:
(i) a public facility that is open on all sides and functionally related to a
designated open space;
A-1
(ii) a restroom; or
(iii) a structure that the Director of the Federal Emergency Management Agency
approves in writing before the commencement of the construction of the
structure;
(c) after the date of the acquisition or relocation no application for disaster assistance for
any purpose will be made to any Federal entity and no disaster assistance will be
provided for the property by any Federal source; and
(d) if any of these covenants and restrictions is violated by the owner or by some third
party with the knowledge of the owner, fee simple title to the Property described
herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida without further notice to the owner, its successors and
assigns, and the owner, its successors and assigns shall forfeit all right, title and
interest in and to the property.
A-2
Attachment A
Budget and Scope of Work
The Subgrantee, Monroe County, will do a retrofit project for the Gato
Building as follows:
1. New window replacement for some of the windows in the building.
This is for windows and window frames that would not be able to
structurally handle the upgrading to the wind load requirements for
155 M.P.H. This is also to replace windows opened up from
previously filled openings with unreinforced masonry that would not
meet the design requirements of 155 M.P.H.
2. Window restoration. Upgrade of the window frames that are able
structurally sound enough to be upgraded, to include reinforced
cement and grouting to withstand the 155 M.P.H. design standard.
3. Installation of impact resistant glass in all of the windows to withstand
155 M.P.H. designed wind loads.
4. Architectural, Engineering work and Construction Management at
10% of the eligible mitigation costs.
Note: This is continued funding and additional scope added on to
FEMA 955-0515.':
The Federal Emergency Management Agency has determined from
programmatic and technical review that the following items are unique to this
project and should be included in the file prior to initiation of the proposed scope
of work:
• Document a detailed budget representative of costs equal to the proposed
scope of work.
The time frame for completing the project will be twelve (12) months from
the date of the fully executed contract.
This is FEMA project 1259-0019.
T Funding Summary:
Federal Share:
State Share:
Local Share:
Total Project Cost:
$ 506,120.00 (75.0%)
$ 84,353.00 (12.5%)
,353.00 (12.5%)
$ 674,826.00
Subgrantee Administrative Allowance up to $ 13,496.00
A-3
11/07/2000
12:54PM
REPORT I OS
PAGE: 1
:CATION DATES 11/07/2000
3 CODE APPLICANT NAME
...... ................................
-00000 MONROE COUNTY
DISASTER NO.:
1259
PIPS CODE:
000-00005
SUPPLEMENT NUMBER:
17
HNG PROJ OBLIGATED:
421,181
ST MGMT OBLIGATED:
GRANTEE ADMIN:
7,885
SUBGRANPEE ADMIN:
11.231
'OTAL AMOUNT OBLIGATED:
c
440,297
1MENTS :
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
OBLIGATION REPORT, SUPPLEMENT NUMBER 17
DISASTER NO.: 1259 f: L -
AMOUNT AMOUNT
ELIGIBLE OBLIGATED
100 t (FED. SNARE)
............ ...........
674,826 421.181
i
a ROVED BY: .�
DISASTER REY MANAGER
j
IE: / 1- [ y— co
SUBGR
ADMIN
COST
11,231
A-4
/1 C V d x-A
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21 & 22 2001 Division: Public Works
Bulk Item: Yes X_ No Department: Enaineerina
AGENDA ITEM WORDING: Approval to enter into contract with the State of Florida,
Department of Community Affairs in acceptance of Hazard Mitigation Grant Program funds for the
FEMA Project 1259-0019, Gato Building Retrofitting Project
ITEM BACKGROUND: On November 30, 2000, an application for Hazard Mitigation Grant
Program funds was submitted to the State of Florida, Department of Community Affairs for the
Gato Building Retrofitting Project. The request was for funds needed to upgrade the windows to
withstand 155 mph wind loads. On January 8, 2001, the State notified us that our application
was approved. The grant amount Is for $674,826.00.
PREVIOUS RELEVANT BOCC ACTION: On April 14, 1999, the Board granted approval to
submit the grant application under the Hazard Mitigation Grant Program.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $674,826.00 BUDGETED: Yes -- X_ No
$506,120.00 (75%) Federal Share
$ 84,353.00 (12.5%) State Share
$ 84,353.00 (12.5%) County Share
Cost to County: _$84,353.00
Account # _
REVENUE PRODUCING: YES _ NO X AMOUNT PER MONTH YEAR
APPROVED BY: County Atty. OMB/Purchasing Isk an ent
Item Prepared by:
Stephanie Coffer, construction Manager
DIVISION DIRECTOR
d S. Koppel, P.E., County Engineer
Dent Pierce, Division Director
DOCUMENTATION: Included X._ To follow Not required
DISPOSITION: AGENDA ITEM #