Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
01116-17/02
Division:
Public Works
Bulk Item: Yes --X-
No
Department: Engineering
AGENDA ITEM WORDING: Approval to enter into a modification of the Hazard Mitigation Grant
Agreement Number 01HM-4L-11-54-15-022 with The Department of Community Affairs for the Old
Courthouse Shutter Project.
ITEM BACKGROUND: At the November 21 and 22, 2000 BOCC meeting approval was given to enter
into a contract with the State of Florida, Department of Community Affairs in acceptance of Hazard Mitigation
Grant Program funds for the following six FEMA projects: (1) Courthouse Annex Shutter Project, (2) Airport
Terminal and Fire Station Shutter Project, (3) Fire Station #1 Shutter Project, (4) Marathon Airport Fire Station
#2 Shutter Project, (5) Conch Key Fire Station Shutter Project, and (6) the Tavernier Fire Station Shutter
Project. On November 27,2001, the DCA stated that a Modification to the existing grant agreement was needed
that accomplishes the following: 1) Paragraph (11), section (t) redefines convicted or discriminatory vendor
restrictions; and 2) Paragraph 12, Audit Requirements, is deleted and replaced in its entirety.
PREVIOUS REVELANT BOCC ACTION: On April 14, 1999, the Board granted approval to submit
grant applications under the Hazard Mitigation Grant Project. On August 16,2000, the Board of County
Commissioners approved an agreement with the Department of Community Affairs for the obligation of Hazard
Mitigation Grant Program funds for the Old Courthouse Shuttering Project. On August 7,2000, a letter and
agreement were received from the Department of Community Affairs for the obligation of Hazard Mitigation
Grant Program funds for the Old Courthouse Shuttering Project.
CONTRACT/AGREEMENT CHANGES: New Modification
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No -X AMOUNT PER MONTH_ Year
APPROVED BY: County Atty --X-
ITEM PREPARED BY:
02Ze7i;C
as. Koppel, County Engineer
V ~ ~rfil+
Dent Pierce
Risk Management
x
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPOSITION:
AGENDAITEM# /-/""~L
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT MODIFICATION SUMMARY
Contract with: State of Florida Department Contract #
of Community Affairs
FEMA Project 1249-0046
Effective Date:
Expiration Date:
Contract Purpose/Description: The Department of Community Affairs and FEMA want to
modi the Hazard Miti ation Grant A reement Number 0IHM-II-54-15-022 for
The Old Courthouse Shutter Project as follows:
1 Para ra h 11 , section redefines convicted or discriminato vendor restrictions; and
2 Para ra h 12, Audit Re uirements, is deleted and re laced in its entire .
4426
(Ext.)
Contract Manager: David S. Koppel, PE
(Name)
For BOCC meeting on
01/16-17/02
Agenda Deadline: 01/02/02
CONTRACT COSTS
Total Dollar Value of Contract
Modification:
Budgeted? Yes No
Grant: $
County Match: $
$-0-
Current Year
Portion: $
Account Codes:
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes a ~ Date Out
Date In N eeded ..~..-:: vi er .
Division Director YesDNoGd-' ~~ #~:Dd -2.-o'L
Risk Management I ,-Il~ 0 I Y esO No~(A ,lj":t"'-'-- ~ ~ ""'"
O.M.B./Porchasing Il\I'i'\O\ YesONoW ~
County Attorney I 2}2-g-! 0 I YesD No~ ~
Comments:
OMB Form Revised 2/27/01 Mep #2
STATE OF FLORIDA
D E PAR T MEN T 0 F COM M U NIT Y A F FA IRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
November 27,2001
Mr. David Koppel, County Engineer
Monroe County
5100 College Road
Key West, Florida 33040
Re: FEMA Project 1249-0046
Old Courthouse Shutter Project
Dear Mr. Koppel:
STEVEN M. SEIBERT
Secretary
Enclosed are four copies ofthe proposed modification agreement between Monroe
County and the Department of Community Affairs (DCA). The official representative, as listed
below, will need to sign the signature page of each modification. All four copies ofthe
modification should then be sent to DCA for full execution. One fully executed modification
will be returned to Monroe County for its files.
Official Representatives:
County:
City:
Indian Tribe:
Water Management District:
Non-Profit:
Chairman of the Board of Commissioners
Mayor:
Chief or President
Chairman
Chairman of the Board
Ifthere is an official that is not l~sted above who is authorized to sign the modifications
for your organization, please provide a copy ofthe organization's resolution or charter that
specifically identifies the person or position that is authorized to sign.
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--::::-----------------.
2555 SHUMARD OAK BOULEVARD. TAllAHASSEE, flORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 8S0.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIElb OFFICE
2796 Overseas Highway. Suile 212
Marathon. FL 33050.2227
(305) 289.2402
COMMUNITY PlANNING
255S Shumard Oak Boulevard
Tallahassee. FL 32399.2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 413.9969
HOUSING I< COMMUNITY DEVELOPMENT
2S55 Shumard Oak Boulevard
Tallahassee, FL 32399.2100
(850) 488-79S6
Mr. David Koppel
November 27,2001
Page Two
If you have questions regarding this modification or who is authorized to sign it, please
call Miles Anderson at 850/922-4442.
WCF:mac
Enclosures
Respectfully,
~
W. Craig Fugate, Director
Division of Emergency Management
MODIFICATION NUMBER ONE
TO
HAZARD MITIGATION GRANT AGREEMENT
NUMBER 01HM-4L-1l-54-15-022
WHEREAS, Monroe County (hereinafter "Recipient") and the Department of Community
Affairs, Division of Emergency Management (hereinafter lithe Department") have entered into a
Hazard Mitigation Grant Agreement (number 0IHM-4L-11-54-15-022; hereinafter "Agreement") .
for the purpose of distributing federal funds for hazard mitigation activities resulting from
Hurricane Georges, FEMA-DR-1249-FL;
WHEREAS, the parties desire to modify the Agreement to delete the following language
provided by the Department.
NOW, THEREFORE, the above-referenced Agreement is hereby modified as follows:
1. Paragraph (11), section (f) of the Agreement is hereby deleted in its entirety, and the
following paragraph substituted in its place and stead for all intents and purposes:
(t) 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.
2. Paragraph (12), of the Agreement is hereby deleted in its entirety, and the following
paragraph substituted in its place and stead for all intents and purposes: .
(12) AUDIT REOUlREMENTS.
(a) The Recipient agrees to maintain [mancial 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
1
h
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 ofOMB Circular A-l33, as revised. EXHIBIT
I 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-l33, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions OMB Circular A-l33, 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-l33, 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 ofOMB Circular A-l33, 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 ofOMB Circular A-l33, 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).
I. The annual financial au~if report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
3. Copies of 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-l33, as
revised, by or on behalf of the Recipient directly to each of the following:
2
(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 I:lorida Auditor General
Attn: Ted 1. 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)(I) 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.
4. Pursuant to Section .320(f), OMB Circular A-133, as revised, the
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
(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
3
and Agreement provisions within thirty (30) days after the Department has
notified the Recipient of such non-compliance.
(f) The Recipient shall retain all [mancial 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 (IP A) who shall either be a certified public accountant or a public
accountant licensed under Chapter 473, Fla. Stat. The IP A 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 perf,ormed by the State Auditor General shall be deemed to satisfy the
above audit requirements.
3. Except as modified herein, all other provisions ofthe Agreement shall stay in full force and
effect.
IN WITNESS WHEREOF, the parties have caused ~s Modification to be executed by their
duly authorized undersigned officials on: the dates set forth below.
MONROE COUNTY
BY:
Name and Title:
Date:
DEPARTMENT OF COMMUNITY AFFAIRS
BY .
UZ NNE ":} H rT9N'I..
BY: DATE . ,/0 'J.;/Ol-
Name and Title: W. Craig Fugate, Director, Division of Emergency Management
Date:
4