Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20.2001
Division:
Public Safety
,
Bulk Item: Yes XXX No
Department: Emergency Management
AGENDA ITEM WORDING: Approval of a modification to an agreement between the State
Department of Community Affairs and Monroe County to provide funding for the purchase of
emergency generators for selected hurricane shelters.
ITEM BACKGROUND: This is a first-time grant which provides $89,000 for the purchase and
installation of emergency generators in Key Largo Schoo~ Coral Shores High Schoo~ and the Disabled
American Veteran's Post 122 in Marathon. No matching funds are required to be made by Monroe
County.
PREVIOUS REVELANT BOCC ACTION: Acceptance of Grant was approved at the November
21, 2000 BOCC meeting.
CONTRACT/AGREEMENT CHANGES: This modification will permit the Department of
Community Affairs to pay the County $89,000 prior to July 1,2001, despite the fact that the
generators, although ordered, will not be delivered until after July 1, 2001.
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: $89.000.00
COST TO COUNTY: 0
BUDGETED: Yes No XXX
REVENUE PRODUCING: Yes
No XXX AMOUNT PER MONTH_ Year
APPROVED BY: County Arty Yes OMB/Purchasing Yes
Risk Management ~
DOCUMENTATION:
Included
Not Required_
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #J:C6
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dept. of Cornm. Affairs
Contract #01- EO-37-11-54-01-004
Effective Date: Upon Execution
Expiration Date:
Contract Purpose/Description:
Modification to existin Contract for urchase ofEmer enc Generators for Hurricane
Shelters. This modification will allow the State to a the Count for the Generators rior to
Jul 1,2001 even thou h the Count will not receive the Generators until after Jul 1. The
Generators are on order and deliver Is ex ected in earl Au ust.
Contract Manager: Irene Toner
6065
Emergency Management Stop
14
(Name)
(Ext.)
(Department/Stop #)
for BOCC meetin on
June 20, 2001
A enda Deadline: June 6, 2001
CONTRACT COSTS
Total Dollar Value of Contract: $ $89,774.00
Budgeted? Yesl:8J No 0 Account Codes:
Grant: $ 89,774.00
County Match: $ 0
Current Year Portion: $
- - -
----
- - -
----
- - -
----
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
p~ Needed
Division Director G1r'?"&j YesD No
Risk Manag~?0ent 530' 01 Y esO No~
~1P~g 5.~-0I YesDNo~
County Attorney ~f / t9 ( YesO No
Comments:
OMB Form Revised 2/27/01 MCP #2
MODIFICATION TO AGREEMENT
The Agreement between the Department of Community Affairs and Monroe County bearing grant # 01-
EO-37.11-54.0l.004 is hereby modified by mutual agreement oithe parties as follows:
1. Section 1, Scope of Work and Funding, is amended to read as follows:
The recipient shall undertake and fully perform the obligations in accordance with the schedule of
deliverables scope of work, Attachment A, of this Agreement. Funding up to $89,774 shall be provided
on a fixed fee basis, in accordance with the General Appropriations Act, specific appropriation 1395A.
2. Sedion16, Funding/Consideration, the original Section 16 is hereby deleted and the following
language substituted:
This is a fixed fee Agreement. The Department agrees to pay the Recipient a fixed fee of up to $89,774
in accordance with provisions of Attachment A (schedule of deliverables). An invoice shall be
submitted with each deliverable which is in detail sufficient for a proper pre-audit and post-audit
thereof.
3. Attachment A (1) Schedule of Payments, is amended to read as follows:
Schedule ofDeliverables:
Deliverable 1. Ifrequested by Recipient, an initial payment 01"20% will be provided to the Recipient
upon delivery to the Department of the executed Agreeme;nt, submission of an approved request for
payment and submission of the above referenced document as set forth in the first paragraph of the
Scope of work.
Dcliverablt: 2. Upon delivery to and acceptance by the Department of a wnttlm commitment for
Recipient to purchase the equipment and related services to provide emergency power to emergency
shelters in Monroe County, the Department will pay to the Recipient th~ by the balance of the total
funding hereunder.
Deliverable 3. A full accoWlting for the expenditure of the $89,774 will be contained in the close-out
report, which is due 30 days after tennination of this Agreement or upon completion of the activities
contained in this Agreement, whichever first occurs. The accounting must document and verify that
100% of the sum of $89,774 was spent to provide emergency power to emergency shelters:in Mom-oe
County. Any funds not used to provide emergency power to the shelters shall be promptly refwlded to
the Department.
All other terms and conditions of the agreement not inconsistent with this modification shall remain in
full force and effect.
IN WIINESS WHEREOF, the parties hereto have caused this modification to be executed by the
undersigned officials as of the date listed below.
AGREED
MONROE COffi'./TI:
FLORIDA DEP ARlMENT OF
COMMUNITY AFFAIRS:
Nameffitle
Division Director
NameITitle
BY;
BY:
Date
Federal I.D. Number:
Date
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MODIFICATION TO AGREEMENT
The Agreement between the Department of Community Affairs and Monroe County bearing grant # 01-
EO-37-11-S4.01.004 is hereby modified by mutual agreement of the parties as follows:
1. Section 1, ScoDe of Work and Fundine:,is amended to read as follows:
The recipient shall undertake and fully perform the obligations in accordance with the schedule of
deliverables scope of work, Attachment A, of this Agreement. Funding up to $89,774 shall be provided
on a :fixed fee basis, in accordance with the General Appropriations Act, specific appropriation 1395A.
2. Section 16, Funding/Consideration, the original Section 16 is hereby deleted and the following
language substituted:
This is a fixed fee Agreement. The Department agrees to pay the Recipient a fixed fee of up to $89,774
in accordance with provisions of Attachment A (schedule of deliverables). An invoice shall be
submitted with each deliverable which is in detail sufficient for a proper pre-audit and post-audit
thereof.
~
3. Attachment A (1) Schedule of Payments, is amended to read as follows:
Schedule ofDe1iverables:
Deliverable 1. If requested by Recipient, an initial payment of 20% will be provided to the Recipient
upon delivay to the Department of the executed Agreement, submission of an approved request for
payment and submission of the above referenced document as set forth in the first paragraph of the
ScoJ'le of work.
Dcliverablt': 2. Upon delivery to and acceptance by the Department of a written commitment for
Recipient to purchase the equipment and related services to provide emergency power to emergency
shelters in Monroe County, the Department will pay to the Recipient th~ by the balance of the total
funding hereunder.
Deliverable 3. A full accounting for the expenditure of the $89,774 will be contained in the close-out
report, which is due 30 days after tenninarion oftrus Agreement or upon completion of the activities
contained in this Agreement., whichever first occurs. The accounting must document and verify that
100% of the sum of $89,774 was spent to provide emergency power to emergency shelters in Momoe
Counl.)'. Any funds not used to provide emergency power to the shelters shall be promptly refunded to
the Department.
All other terms and conditions of the agreement not inconsistent with this modification shall remain in
full force and effect.
IN WIINESS WHEREOF, the parties hereto have caused this modification to be executed by the
undersigned officials as afthe date listed below.
AGREED
MONROE COUNTI:
FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS:
Division Director
NameITitle
BY:
BY:
NamefTitle
Date
Federal I.D_ Number:
Date
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Agreement Number:
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 the Monroe County (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Department is authorized, pursuant to the General Appropriations Act,
for the State Fiscal Year 2000-2001, Specific Appropriation 1395A, to grant funds to eligible
recipients under the Local Emergency Management Needs; and
WHEREAS, the project(s) will be placed in facilities to be used as emergency shelter that
complies with the structural considerations of ARC 4496, Guidelines for Hurricane Evacuation
Shelter Selection; and
WHEREAS, Recipient agrees to comply with all the requirements, terms and conditions in
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
1. SCOPE OF WORK AND FUNDING
The Recipient shall undertake and fully perform the obligations in accordance with the
Budget and Scope of Work, Attachment A of this Agreement. Funding up to $89,774.00
shall be provided on a reimbursement basis, in accordance with the General
Appropriations Act, Specific Appropriation 1395A.
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, induding, but not limited to, those identified in Attachment B
of this Agreement.
3. PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end November 15,
2001, unless terminated earlier in accordance with the provisions of Paragraph 9. of this
Agreement. Final requests for reimbursement shall be post-marked no later than thirty
(30) days after the termination date of the Agreement. Any requests received after
December 20,2001 may not be reimbursed from this Agreement. Reimbursement iT.
requests sball not be submitted by facsimile transmission.
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4. MODIFICA nON OF AGREEMENT: 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.
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. All original records pertinent to this Agreement shall be retained by the Recipient for
three (3) years following the date oftermination of this Agreement or of submission of
the final close-out report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three (3) year
period and extends beyond the three year period, the records will be maintained
until all litigation, claims or audit findings involving the records have been
resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000
or more at the time of acquisition shall be retained for three years after final
disposition.
3. Records relating to real property acquisition shall be retained for three (3) years
after closing of title.
B. 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.
C. 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.
D. Any additional terms and conditions pertaining to property management and
procurement under this Agreement are set forth in Attachment C.
/
2
6. REPORTS
A. At a minimum, the Recipient shall provide the Department with two (2) copies of all
reports, two (2) copies of the Financial ReportlReimbursement Requests, and two (2)
copies of the Final Programmatic and Financial close-out report.
B. Reports are due to be received by the Department no later than fifteen (15) days after
the end of each period outlined below and shall continue to be submitted until sub-
mission of the Final close-out report. The ending dates for each period are January 31,
June 30, and November 15. . .
C. The close-out report is due thirty (30) days after termination of this Agreement or
upon completion of the activities contained in this Agreement.
D. 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. "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.
E. 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 are being accomplished
within specified time periods, 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.
8. LIABILITY
A. Unless the 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 ofthis 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,
Florida Statutes, 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 herein is
3
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. AND 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; and/or
4. If the Recipient has failed to perform and complete in timely fashion any ofthe
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 anyone or more of the following remedies, either concurrently or
consecutively, and the pursuit of anyone of the following 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
4
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; or
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, Florida Statutes, as amended.
D. Suspension or termination constitutes final agency action under Chapter 120, Florida
Statutes, 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.
G. Notwithstanding the above, the Recipient shall not be relieved ofliability to the
Department by virtue of any breach of Agreement by the Recipient. The Department
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 Department
from the Recipient is determined.
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.
5
B. The Department designates Dorann P. Loehr, Division of Emergency Management as
the Department's Contract Manager. All communications, written or oral, relating to
this Agreement shall be directed to her at the following address and telephone number:
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(850) 413-9972
The technical contact for the Agreement is Danny Kilcollins. He can be reached at the
address above or by telephoning (850) 413-9859.
C. For the Recipient, all communications, written or oral, relating to this Agreement
shall be directed to the following:
Recipient's Contract Manager's Name and Address:
Mr. William Wagner, Jr.
Monroe County Emergency Management
490 63rd Street (Ocean)
Marathon, FL 33050
305-289-6018
D. In the event that different representatives are designated by either party after execution
of this Agreement, notice of the name, title and address of the new representative will
be rendered as provided in Paragraph 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
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 or
unenforceability, and shall be deemed severable, but shall not invalidate any other
provision of this Agreement.
6
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, anyone 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 or on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a 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.
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 accepted accounting principles, to account for the receipt
and expenditure of funds under this Agreement.
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 of8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
C. 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.
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D. In the event that the Recipient expends a total amount of State awards (i.e., State
financial assistance provided to recipient to carry out a State project) from all state
sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the
Recipient must have a State single or project-specific audit for such fiscal year in
accordance with Section 216.3491, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor
General.
In determining the State awards expended in its fiscal year, the Recipient shall consider
all sources of State awards, including State funds received from the Department,
except that State awards received by a non-state entity for Federal program matching
requirements shall be excluded from consideration. The funding for this Agreement
was received by the Department as a Grant and Aid appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance
specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
3. The complete financial audit report, including all items specified in 12.D. 1 and 2
above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted 1. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
4. In connection with the audit requirements addressed in (D) above, the Recipient
shall ensure that the audit complies with the requirements of Section 216.3491 (7),
Florida Statutes. This includes submission of a reporting package as defined by
Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
5. If the Recipient expends less than $300,000 in State awards in its fiscal year, an
audit conducted in accordance with the provisions of Section 216.3491, Florida
Statutes, is not required. In the event that the Recipient expends less than
$300,000 in State awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 216.3491, Florida Statutes, the cost of
8
the audit must be paid from non-State funds (i.e., the cost of such an audit must be
paid from recipient funds obtained from other than State entities).
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 provisi~ns 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 in accordance with 216.3491, Florida
Statutes by an independent certified public accountant (IP A) who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Florida
Statutes The IP A shall state that the audit complied with the applicable provisions
noted above.
13. SUBCONTRACTS AND PROCUREMENT
A. If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty
(30) days after execution of the subcontract. The Recipient agrees to include in the
subcontract that (1) the subcontractor is bound by all applicable state and federal laws
and regulations, and (2) the subcontractor shall hold 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 and required by law.
B. The Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement a proposed project.
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.
9
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: A, B, C
J
16. FUNDING/CONSIDERATION
A. This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed
$89,774.00 subject to the availability of funds. No advance payment is requested.
B. Payment shall be made on a reimbursement basis as needed. The Recipient agrees to
expend funds in accordance with the Budget and Scope of Work, Attachment A of 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, Florida Statutes, or the Florida
Constitution.
B. No extensions will be allowed under this Agreement.
C. All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
D. If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Florida Statutes.
E. The Department reserves the right to unilaterally cancel this Agreement for refusal the
Recipient to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Recipient in conjunction with the 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 V.S.C. Section 1324a(e)
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[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.
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.
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their undersigned officials as duly authorized.
RECIPIENT: Monroe County
BY:
Name and Title:
Date:
Federal Employer LD.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: Joseph F. Myers. Director
Date:
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Attachment A
BUDGET AND SCOPE OF WORK
Within thirty (30) days of the date of execution of this Agreement, but in any event no
later than January 31, 2001, the Recipient shall submit a document which includes an activities
time line, a list of deliverables, and a budget by category, for the approval of the Department.
The above-referenced document shall address, with particularity and appropriate
discussion, how the size of the generator was determined and quotes from the generator vendor(s)
specifying a detailed cost breakdown. The generator-set must be capable of self-contained
operation, and can not rely solely upon an off-site utility (water, fuel, etc.). The Recipient agrees
to purchase a 80K w and 20K w generator for Coral Shores High School, an 80K w generator for
Key Largo Elementary School, and a 15K w generator for the Disabled American Veterans Post
122 in Marathon.. The fuel tank(s) for the generator should be capable of containing sufficient
fuel to provide up to 24 hours of operation.
Failure to supply the above-referenced document, or disapproval of this document
by the Department, may result in the denial of funding.
If the Recipient succeeds in acquiring products or services for less than the budgeted
amount, then it shall notify the Department and request authorization to apply the unexpended
funds to the project, identifying the proposed use for the unexpended funds. If the unexpended
funds can be applied to enhance the project through acquisition of additional equipment or
services which will provide the same benefit as the approved project, then the Department may
approve the use of the unexpended funds.
Prior to disbursement of funds, a proposed means of protection for the generator from
hurricane effects must be approved by the Department. Hurricane effects means severe winds,
rains, flooding, lightning, windbome debris impact and storm surge. Means of protection can be
plans to move the generator to a building that meets ARC 4496 guidelines, or integral protection
(all weather housing for the generator, tie wires, elevation above surge and flood waters). If an
off-site location is used as the protective measure, then the generator(s) must be portable (i.e.,
skid-mounted, trailer-mounted, etc.)
Schedule of Payments:
1. An initial payment of twenty (20) percent will be provided to the Recipient upon execution
of the Agreement, submission of an approved request for payment and submission of the
above-referenced (first paragraph) document.
2. Remaining funds will be reimbursed based on actual expenses not to exceed $89,774.00 as
reported on, at most, a quarterly basis and indicated by the submission of a report required
by Paragraph 6.B., and submission of an approved request for payment.
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3. A full accounting for the expenditure of the $89,774.00 will be contained in the close-out
report, which is due thirty (30) days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
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Attachment B
PROGRAM STATUTES AND REGULA nONS
1. Chapter 252, Florida Statutes
2. Chapter 287, Florida Statutes
3. Chapter 119, Florida Statutes
4. Chapter 60A-l, Florida Administrative Code
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Attachment C
EOUIPMENT AND PROPERTY MANAGEMENT
If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to
use said equipment for emergency management purposes only, and to properly maintain and
repair said equipment. Recipient shall establish adequate maintenance procedures to keep the
equipment in proper working condition. Recipient shall establish a control system to insure
adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly
advise the Department of any loss, damage or theft affecting said equipment. Recipient shall not
sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of
the Department. In the event of a disaster, the Recipient shall make available all appropriate
equipment purchased through this funding for use in said emergency.
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