Item C17 C.17'
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: C.17
Agenda Item Summary #8 1 82
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527
N/A
AGENDA ITEM WORDING: Approval of a grant agreement amendment(Modification 41) with
the Florida Division of Emergency Management to receive state funded appropriations for Local
Emergency Management and Mitigation Initiatives assistance number 31.064 (Agreement Number
19-SP-10-11-54-01-237) in the amount of $5,900,000.00, and approval of a resolution authorizing
the County Administrator to sign all amendments, modifications, and other necessary documents
including reimbursement requests for this grant. The original period of time was July 1, 2018 - June
30, 2021. This amendment extends the end date to June 30, 2023.
ITEM BACKGROUND: The State of Florida appropriated $5,900,000.00 to Monroe County for a
new Emergency Operations Center in Marathon. The Florida Division of Emergency Management
(DEM) began administering the funds to the County through a reimbursement grant program July 1,
2018 and the original end date was June 30, 2021. There is no local match for this grant. The State
Funded Grant Agreement between DEM and the County attached as backup to this item provides for
DEM to disburse the funds to the County. This Modification (Modification 41) changes the end date
to June 30, 2023.
PREVIOUS RELEVANT BOCC ACTION: N/A
2/18/09 BOCC approved a contract with Architects Design Group (ADG) for the design through
construction administration of a new EOC in Marathon.
10/1/09 BOCC approved a First Amendment to the contract with ADG to include information
technology needs to the design.
11/14/17 BOCC ratified a Second Amendment to the contract with ADG to develop an updated
construction estimate with modifications to the design for a new site and slightly revised
scope.
6/20/18 Approval to advertise a Request for Qualifications for professional architectural services
for a re-design through construction administration of a new Emergency Operations
Center in Marathon, in compliance with the Code of Federal Regulations (2 CFR) for
potential Hazard Mitigation Grant Program (HMGP) funding
9/19/18 BOCC approved an agreement with the Florida State Department of Emergency
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Management to accept a grant in the amount of $5,900,000 for the design and
construction of a Monroe County Emergency Operations and Public Safety Center.
12/19/18 BOCC approved an agreement with the Florida Department of Transportation (Public
Transportation Grant G1009) to accept a grant in the amount of$400,000 (to be matched
with $400,000 in County funds) for the planning, permitting, design and construction of a
non-aeronautical building (EOC) to be constructed on the SW corner of the Marathon
airport property.
3/21/19 BOCC approved staff request to negotiate with ADG a professional services contract to
provide design and construction administration services for the Monroe County EOC.
5/22/19 BOCC Approved award of a contract to ADG to provide design and construction
administration services for the Monroe County EOC.
8/21/19 BOCC approved a revised contract with ADG which changed the name of the EOC
building to "FL Keys Marathon Airport Non-Aeronautical Use Building" due to
requirements of Monroe County's acceptance of an FDOT grant agreement.
9/18/19 Approval of a contract with Architects Design Group, Inc. (ADG) for design and
construction administration services for an Emergency Operations Center (EOC) in
Marathon; correcting contract sum scrivener's error in Section 7.1.1 of the contract.
11/20/19 BOCC approved the recommended site location for the EOC building at the southwest
corner of the Marathon Airport.
12/9/19 BOCC approved an HMGP agreement with FDEM for Phase I of a FEMA grant in the
amount of$916,071.21 to be used for pre-construction activities for the EOC.
4/15/20 BOCC approved an Agreement with Ajax Building Company, LLC to provide
Construction Manager At Risk (CMAR) services for the Emergency Operations Center
(EOC) at the Marathon Airport in the amount of $110,000.00 through a FDOT grant.
This Agreement is for PreConstruction Phase services.
4/15/20 Approval of Amendment No. 1 to State of Florida Department of Transportation Public
Transportation Grant Agreement G1009 providing $4,000,000.00 in additional funding
for the Non-Aeronautical Use Building Project (Emergency Operations Center-EOC) at
the Florida Keys Marathon International Airport.
5/20/20 Approval of a no cost Amendment to the Agreement for Pre Construction Services with
Ajax Building Company, LLC for the Emergency Operations Center to remove certain
contract provisions that are not required at the pre-construction stage.
10/21/20 Approval of Second Amendment to the Agreement for Pre-Construction Services with
Ajax Building Company, LLC in the amount of $265,591.00 for the Emergency
Operations Center to add the scope and cost of the DAV building demolition.
10/21/20 Approval of a First Amendment to the Agreement with Architects Design Group / ADG,
Inc. (ADG), in the amount of $2,818,325.00, for design through construction
administration of an Emergency Operations Center(EOC) in Marathon.
CONTRACT/AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
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C.17
FY2018 Monroe County Modification 41 -237_legal
Resolution granting signing authority to CAD
09/19/2018 Agreement
FINANCIAL IMPACT:
Effective Date: July 1, 2018
Expiration Date: June 30, 2023
Total Dollar Value of Contract: $5,900,000.00
Total Cost to County: $0.00
Current Year Portion:
Budgeted: NA
Source of Funds: Florida Division of Emergency Management
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: $5,900,000.00
County Match: $0
Insurance Required: NA
Additional Details:
N/A
REVIEWED BY:
Cary Knight Completed 05/03/2021 10:26 AM
Cynthia Hall Completed 05/03/2021 10:45 AM
Kevin Wilson Completed 05/03/2021 12:13 PM
Purchasing Completed 05/03/2021 12:14 PM
Budget and Finance Completed 05/03/2021 12:57 PM
Maria Slavik Completed 05/03/2021 1:01 PM
Liz Yongue Completed 05/03/2021 4:08 PM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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MODIFICATION #1 TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY
This Modification is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division"), and the Monroe County
("Recipient"), to modify Contract Number 19-SP-10-11-54-01-237, which began on
July 1, 2018 ("the Agreement").
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WHEREAS, the Division and the Recipient have entered into the Agreement,
pursuant to which the Division has provided a subgrant to Recipient under the State
Homeland Security Grant program in the amount of$5,900,000.00;
WHEREAS, the Agreement will expire on June 30, 2021; and,
WHEREAS, the Division and the Recipient desire to extend the terms of the
Agreement; and
WHEREAS, the Division and the Recipient desire to modify the Agreement; andLU
WHEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows: .i,
1. Paragraph 7 of the Agreement is hereby amended to read as follows:
This Agreement shall begin on July 1, 2018 and shall end on June 30,
2023, unless terminated earlier in accordance with the provisions of Paragraph
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(16) of this Agreement. In accordance with Section 215.971(1)(d), Florida
Statutes, the Recipient may expend funds authorized by this Agreement "only for
allowable costs resulting from obligations incurred during" the period of
agreement.
2. All provisions not in conflict with this Modification remain in full force and effect,
and are to be performed at the level specified in the Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Modification as of
the dates set out below.
RECIPIENT: MONROE COUNTY
By-
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Name and Title:
Date:
DIVISION OF EMERGENCY MANAGEMENT
By:
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Name and Title: Kevin Guthrie, Deputy Director
Date:
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Approved as to form and content:
Monroe County Attorney's Office
4-29-2021
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C.17.b
RESOLUTION NO. - 2021
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR OR HIS
DESIGNEE TO SIGN ALL AMENDMENTS, MODIFICATIONS, AND OTHER
NECESSARY DOCUMENTS IN CONNECTION WITH STATE OF FLORIDA, DIVISION
OF EMERGENCY MANAGEMENT CONTRACT NUMBER 19-SP-10-11-54-01-237
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WHEREAS, on December 10, 2018, the Monroe County Board of County
Commissioners (BOCC) and Florida Division of Emergency Management (FDEM)
entered into State-Funded Grant Agreement Number 19-SP-10-11-54-01-237 (Grant),
by which FDEM granted $5.9 million in Fixed Capital Outlay funds to Monroe County for
construction of a Monroe County Emergency Operations & Public Safety Center; and
WHEREAS, Monroe County wishes to streamline and expedite the process for
approving and executing future amendments, modifications and all other necessary
documents including reimbursement requests in connection with this Grant; and
WHEREAS, there is a valid public purpose to this Board action, in that the delegation of
authority to the County Administrator or designee to execute these agreements will
eliminate delays that would otherwise be caused by requiring such items to be brought .-.
before the Board for approval and would therefore be consistent with the goals of the
Board to streamline the agenda process and to maximize the use of available grant U
funding sources.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The County Administrator or his designee is hereby authorized to execute, on
behalf of the Board, all amendments, modifications, and other necessary
documents in connection with the Grant, including but not limited to
reimbursement requests and close-out documents, after review and approval by
the County Attorney's Office. y
3. If any section, sentence, clause, phrase or word of this Resolution is held invalid
or unconstitutional by a Court of competent jurisdiction, then said holding shall in
no way affect the validity of the remaining portions of this Resolution.
4. This Resolution shall become effective immediately upon adoption.
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C.17.b
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on May 19, 2021.
Mayor Michelle Coldiron
Mayor Pro Tern David Rice
Commissioner Craig Cates
Commissioner Mike Forster
Commissioner Eddie Martinez
(Attest) BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK, CLERK OF THE COURT OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
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Approved as to form and legal sufficiency:
MONROE COUNTY ATTORNEY'S OFFICE
Assistant County Attorney April 30, 2021
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Kevin Madok, CPA
Clerk of the Circult Court u b Comptroller—Monroe County,Florida
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DATE: November 1,2018
TO: TW=y Sweeting
Executive Assistant
Cary Knight,Director
Project Management Division
FROM: Pamela G.HancocQ�.t.
SUBJE(TI': September 19'BOCC Meeting
Enclosed are three duplicate originals,executed on behalf of Monroe County,of Item C29, CD
Grant Agreement with the Florida Division of Emergency Management to receive state funded
appropriations for Local Emergency Management and Mitigation Initiatives Assistance Number
31.064 in the amount of$5,900,000.00 over a period of time beginning July 1,2018 and shall end
on June 30,2021 for an Emergency Operations Centex,for your handling.
Please return a fully executed duplicate original once signed by the state. Should you have
any questions,please feel free to contact me at(305)292-3550.
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cc: County Attorney
B.Erickson ,
Finance
File
KEYWEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Sheet 3117 Overseas Highway 8020 Overseas Highway 50 High Point Road
Key West,Rfta 33040 Marathon,Raft 33050 Flardaft Key,Florida 33070 Plantation Key,Florida 33070
305-2944641 305-289-=7 305-852-7145 . 305-852.7145
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C.17.c
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT WESLEY MAUL
Governor Director
December 11, 2018
Cary Knight
Monroe County Board of
County Commissioners
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
RE: Agreement Number 19-SP-10-11-54-01-237
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Dear Cary:
Enclosed is the fully executed agreement between Monroe County Board of County
Commissioners and the Florida Division of Emergency Management, executed on
December 10, 2018. Under Section (2) (c), Contact, of this agreement you have been
identified as the recipient's representative responsible for the administration of this
agreement.' It is your responsibility to thoroughly read, understand and oversee the
compliance of all the conditions within this agreement.
If you have any questions about this agreement, please contact myself or Chanda ~�
Jenkins at 850-815-4301 or 850-815-4342 or email at linda.mcwhorter(D-em.myflorida.com
or chanda.ienkins(cD_em.myflorida.com. Co
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aSinrely,
4. N
r/LInda McWhorter
D Preparedness Bureau Chief
LM/cdj
Enclosures
DIVISION HEADQUARTERS STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Blvd Tel:850-815-4000 2702 Directors Row
Tallahassee, FL 32399-2100 www.FloridaDisaster.oro Orlando, FL 32809-56 packet Pg.416
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Agreement Number. 19-SP-A-1 1-54-01-13 7
STATE-FUNDED GRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,with
headquarters in Tallahassee, Florida(hereinafter referred to as the"Division"),and Monroe County Board of
County Commissioners. (hereinafter referred to as the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant
these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE,the Division and the Recipient agree to the following:
(1) LAWS. RULES, REGULATIONS,AND POLICIES E
a. As required by Section 215.971(1), Florida Statutes,this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that the
Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that must be
received and accepted in writing by the Division before payment. Each deliverable must.be directly related to the
scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the
successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Recipient fails to
perform the minimum level of service required by the agreement.
iv. A provision specifying that the Recipient may expend funds only for allowable costs
resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which the r
Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. CN
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b. In addition to the foregoing,the Recipient and the Division shall be governed by all applicable
State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in
this Agreement to a particular statute, rule,or regulation in no way implies that no other statute, rule,or regulation
applies.
(2) CONTACT
a. In accordance with Section 215.971(2), Florida Statutes,the Division's Grant Manager shall be
responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's
liaison with the Recipient. As part of his/her duties,the Grant Manager for the Division shall:
i. Monitor and document Recipient performance;and,
ii. Review and document all deliverables for which the Recipient requests payment.
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C. The Division's Grant Manager for this Agreement is:
Linda McWhorter
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850)815-4301
Email: Iinda.mcwhorterCcDem.mvflorida.com
c. The name and address of the representative of the Recipient responsible for the administration
of this Agreement is:
Cary Knight
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
Telephone: (305)292-4527
Email:Knight-Cary ccDMonroeCountvFL-gov
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 provided to the
other party.
(3) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(4) EXECUTION
This Agreement may be executed in any number of counterparts,any one of which may be taken
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as an original.
(5) MODIFICATION U
Either party may request modification of the provisions of this Agreement. Changes which are LU
agreed upon shall be valid only when in writing,signed by each of the parties, and attached.to the original of this
Agreement.
(6) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
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Attachment A of this Agreement. T_
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(7) PERIOD OF AGREEMENT
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This Agreement shall begin on July 1,2018 and shall end on June 30,2021, unless terminated
earlier in accordance with the provisions of Paragraph (16)TERMINATION. In accordance with Section
215.971(1)(d), Florida Statutes,the Recipient may expend funds authorized by this Agreement"only for allowable
costs resulting from obligations incurred during"the period of agreement.
(8) FUNDING
a. This is a cost-reimbursement Agreement,subject to the availability of funds.
• b. 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 either Chapter
216, Florida Statutes,or the Florida Constitution.
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c. The Division will reimburse the Recipient only for allowable costs incurred by the Recipient in
the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined
in Attachment A of this Agreement("Budget and Scope of Work"). The maximum reimbursement amount for the
entirety of this Agreement is$5,900,000.00.
d. The Division will review any request for reimbursement by comparing the documentation
provided by the Recipient against a performance measure, outlined in Attachment A, which clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
e. The Division's Grant Manager, as required by Section 215.971(2)(c), Florida Statutes,shall
reconcile and verify all funds received against all funds expended during the period of agreement and produce a final
reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the
Recipient.
f. For the purposes of this Agreement,the term"improper payment"means or includes:
i. Any payment that should not have been made or that was made in an incorrect
amount(including overpayments and underpayments)under statutory, contractual,administrative,or other legally
applicable requirements; and, CD
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ii. Any payment to an ineligible party, any payment for an ineligible good or service,any
duplicate payment, any payment for a good or service not received(except for such payments where authorized by
law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or
lack of documentation prevents a reviewer from discerning whether a payment was proper. ¢°
g. As required by the Reference Guide for State Expenditures, reimbursement for travel must be
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in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state
travel voucher.
(9) RECORDSuJ
a. As a condition of receiving state financial assistance,and as required by sections 20.055(6)(c)
and 215.97(5)(b), Florida Statutes,the Division,the Chief Inspector General of the State of Florida,the Florida
Auditor General, or any of their authorized representatives,shall enjoy the right of access to any documents,financial
statements, papers,or other records of the Recipient which are pertinent to this Agreement, in order to make audits,
examinations,excerpts,and transcripts. The right of access also includes timely and reasonable access to the
Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this
section,the term"Recipient"includes employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement.
b. The Recipient shall maintain all records related to this Agreement for the period of time 0)
specified in the appropriate retention schedule published by the Florida Department of State. Information regarding
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retention schedules can be obtained at: http:Hdas.myflodda.com/library-archives/records-management/general-
records-schedules/.
c. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)provides the
citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all
meetings of public boards or commissions must be open to the public; (2)reasonable notice of such meetings must
be given; and, (3)minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by
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a private entity,standing alone, is insufficient to bring that entity within the ambit of the open government
requirements. However,the Government in the Sunshine Law applies to private entities that provide services to
governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties.
If a public agency delegates the performance of its public purpose to a private entity, then,to the extent that private
entity is performing that public purpose,the Government in the Sunshine Law applies. For example, if a volunteer fire
department provides firefighting services to a governmental entity and uses facilities and equipment purchased with
public funds,then the Government in the Sunshine Law applies to board of directors for that volunteer fire
department. Thus,to the extent that the Government in the Sunshine Law applies to the Recipient based upon the
funds provided under this Agreement,the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board may be subject to open government requirements.
These meetings shall be publicly noticed,open to the public, and the minutes of all the meetings shall be public
records, available to the public in accordance with Chapter 119, Florida Statutes.
d. Florida's Public Records Law provides a right of access to the records of the state and local
governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the
Legislature,all materials made or received by a governmental agency(or a private entity acting on behalf of such an
agency)in conjunction with official business which are used to perpetuate,communicate,or formalize knowledge CD
qualify as public records subject to public inspection. The mere receipt of public funds by a private entity,standing
alone, is insufficient to bring that entity within the ambit of the public record requirements. However,when a public
entity delegates a public function to a private entity,the records generated by the private entity's performance of that
duty become public records. Thus,the nature and scope of the services provided by a private entity determine ¢'
whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
e. The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement,including documentation of all program costs,in a
form 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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA
STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:(850)815-4156, r
Records@em.myflorida.com,or 2555 Shumard Oak Boulevard,Tallahassee,FL 32399.
(10) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement,the Recipient
shall follow Generally Accepted Accounting Principles("GAAP"). As defined by 2 C.F.R.§200.49,GAAP"has the
meaning specified in accounting standards issued by the Government Accounting Standards Board(GASB)and the
Financial Accounting Standards Board (FASB)."
b. When conducting an audit of the Recipient's performance under this Agreement,the Division
shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS,
.also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller
General of the United States,which are applicable to financial audits."
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c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of this Agreement,the Recipient shall be held liable for reimbursement to the Division of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Division has notified the Recipient of such.non-compliance.
d. The Recipient shall have all audits completed by an independent auditor,which is defined in
Section 215.97(2)(i), Florida Statutes,as"an independent certified public accountant licensed under chapter 473."
The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits
must be received by the Division no later than nine months from the end of the Recipient's fiscal year.
e. The Recipient shall send copies of reporting packages required under this paragraph directly
to each of the following:
I. The Division of Emergency Management
DEMSingle Audit0em.myflodda.com
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard C
Tallahassee, Florida 32399-2100
ii. The Auditor General W
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
(11) REPORTS
a. The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall
include the current status and progress by the Recipient and all Sub-Recipients and subcontractors In completing the
work described in the Scope of Work and the expenditure of funds under this Agreement,in addition to any other
information requested by the Division. �
b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the
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program year and shall be sent each quarter until submission of the administrative close-out report. The ending T.
dates for each quarter of the program year are March 31,June 30,September 30, and December 31.
c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the
activities contained in this Agreement,whichever occurs first.
d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable
to the Division, the Division may withhold further payments until they are completed or may take other action as
stated in Paragraph(15)REMEDIES. "Acceptable to the Division"means that the work product was completed in
accordance with the Budget and Scope of Work.
e. The Recipient shall provide additional program updates or information that may be required by the
Division.
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(12) MONITORING
a. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being
met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and
other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to
this Agreement, and reported in the quarterly report.
b. In addition to reviews of audits conducted in accordance with paragraph(10)AUDITS above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits,or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is
appropriate,the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition,the
Division will monitor the performance and financial management by the Recipient throughout the period of agreement
to ensure timely completion of all tasks.
(13) LIABILITY
a. Unless Recipient is a state agency or subdivision,as defined in Section 768.28, Florida Statutes,the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,and shall hold the
Division harmless against all claims of whatever nature by third parties arising from the work performed under this
Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but
is an independent contractor.
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b. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida Statutes,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the U
Division,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth W
in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any
party 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 this agreement.
(14) DEFAULT
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If any of the following events occur("Events of Default"),all obligations on the part of the Division to make T_
further payment of funds shall, if the Division elects,terminate and the Division has the option to exercise any of its
remedies set forth in Paragraph(15)REMEDIES. However,the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies,and without becoming liable to make
any further payment: �
a. If any warranty or representation made by the Recipient in this Agreement or any previous agreement
with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of
the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured
them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement;
b. If material adverse changes occur in the financial condition of the Recipient at any time during the
period of agreement,and the Recipient fails to cure this adverse change within thirty(30)days from the date written
notice is sent by the Division.
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c. If any reports required by this Agreement have not been submitted to the Division or have been
submitted with incorrect, incomplete or insufficient information;
d. If the Recipient has failed to perform and complete on time any of its obligations under this Agreement.
(15) REMEDIES
If an Event of Default occurs,then the Division shall,after thirty(30)calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty(30)days, exercise any one or more of the
following remedies,either concurrently or consecutively:
a. Terminate this Agreement, provided that the Recipient is given at least thirty(30)days prior written
notice of the termination. The notice shall be effective when placed in the United States,first class mail, postage
prepaid, by registered or certified mail-return receipt requested,to the address in paragraph(2)CONTACT herein;
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Recipient refund to the Division any monies used for ineligible purposes under the
laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions,to include but not be limited to: E
i. request additional information from the Recipient to determine the reasons for or the
extent of non-compliance or lack of performance,
ii. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
iii. advise the Recipient to suspend,discontinue or refrain from incurring costs for any
activities in question or
iv. require the Recipient to reimburse the Division for the amount of costs incurred for any
items determined to be ineligible;
f. Exercise any other rights or remedies which maybe available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this
Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to
insist on strict performance by the Recipient, it will not affect,extend or waive any other right or remedy of the
Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient.
(16) TERMINATION.
a. The Division may terminate this Agreement for cause after thirty(30)days written notice. Cause can
include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations,failure to perform on
time,and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla.Stat.,as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion,
that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by
providing the Recipient with thirty(30)calendar days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for
proper closeout of this Agreement.
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d. In the event this Agreement is terminated,the Recipient will not incur new obligations for the terminated
portion of this Agreement after the Recipient has received the notification of termination. The Recipient will cancel as
many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed.
The Recipient shall not be relieved of liability to the Division because of any breach of this Agreement by the
Recipient. The Division may,to the extent authorized by law,withhold payments to the Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Recipient is determined.
(17) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract
must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient
agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the
subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold
the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement,to the extent allowed and required by law. The Recipient shall document
in the quarterly report the subcontractor's progress in performing its work under this Agreement.
For each subcontract,the Recipient shall provide a written statement to the Division as to whether that E
subcontractor is a minority business enterprise, as defined in Section.288.703, Fla. Stat.
(18) ATTACHMENTS �.
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and the W
attachments,the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
c. This Agreement has the following attachments:
Exhibit 1 -Funding Sources
Attachment A—Budget and Scope of Work
Attachment B—Program Statutes and Regulations W
Attachment C—Statement of Assurances
Attachment D—Justification of Advance Payment
Attachment E—Warranties and Representations
Attachment F—Certification Regarding Debarment
(19) PAYMENTS
a. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statues. All
advances are required to be held in an interest-bearing account. If an advance payment is requested,the budget
data on which the request is based and a justification statement shall be included in this Agreement as Attachment D.
Attachment D will specify the amount of advance payment needed and provide an explanation of the necessity for
and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid
prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on
a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all
costs of the project or services. The final invoice shall be submitted within sixty(60)days after the expiration date of
the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted
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to the Division grant manager as part of the Recipient's quarterly reporting as referenced in paragraph (11)
REPORTS of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action by the United States
Congress,the federal Office of Management and Budgeting,the State Chief Financial Officer or under paragraph 8 of
this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and
the Recipient shall submit its closeout report within thirty days of receiving notice from the Division.
(20) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the order of
"Division of Emergency Management,"and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100 '
In accordance with Section 215.34(2), Fla.Stat., if a check or other draft is returned to the Division for collection,
Recipient shall pay the Division a service fee of$15.00 or 5%of the face amount of the returned check or draft, CD
C
whichever is greater.
(21) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations,
and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a
Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said
information, representations,and materials is,incorporated by reference. The inaccuracy of the submissions or any
material changes shall, at the option of the Division and with thirty(30)days written notice to the Recipient,cause the U
termination of this Agreement and the release of the Division from all its obligations to the Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions
arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in m
conflict with any applicable statute or rule, or is unenforceable,then the provision shall be null and void to the extent
of the conflict,and shall be severable,but shall not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall
survive the term of this Agreement.
d. This Agreement maybe executed in any number of counterparts,anyone of which maybe 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 seg.),which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations,transportation,State and local government services,and telecommunications.
f. Those who have 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
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business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
g. Any Recipient which is not a local government or state agency, and which receives funds under this
Agreement from the state government,certifies,to the best of its knowledge and belief,that it and its principals:
i. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or
voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not,within a five-year period preceding this Agreement been convicted of or had a civil
judgment rendered against it for 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; �—
iii. 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 (21)(g)(ii)of this certification; and
iv. Have not within a five-year period preceding this Agreement had one or more public
transactions(federal,state or local)terminated for cause or default. E
If the Recipient is unable to certify to any of the statements in this certification,then the Recipient shall CD
attach an explanation to this Agreement.
In addition,the Recipient shall send to the Division(by email or by facsimile transmission)the
completed"Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion" W
(Attachment F)for each intended subcontractor that Recipient plans to fund under this Agreement. The form
must be received by the Division before the Recipient enters into a contract with any subcontractor.
h. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida
Statutes, or the Florida Constitution.
i. 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.
j. Any bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes.
k. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow
public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida
Statutes,which the Recipient created or received under this Agreement.
I. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Division or be applied against the Division's obligation to pay the
contract amount.
m. The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C.Section 1324a(e)(Section 274A(e)of the Immigration and Nationality Act("INA")]. The Division shall consider
the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by
the Recipient of the employment provisions contained in Section 274A(e)of the_INA shall be grounds for unilateral
cancellation of this Agreement by the Division.
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n. The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011, Florida
Statutes)with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee
making recommendations to the governing board. All of these meetings shall be publicly noticed,open to the public,
and the minutes of all the meetings shall be public records,available to the public in accordance with Chapter 119,
Fla.Stat.
o. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations
applicable to expenditures of State funds, including but not limited to,the Reference Guide for State Expenditures.
p. This Agreement maybe charged only with allowable costs resulting from obligations incurred during the
period of agreement.
q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be
retained for direct program costs in a subsequent period must be refunded to the State.
r. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or
improvements to real property are contingent upon the contractor or political subdivision granting to the state a
security interest in the property at least to the amount of state funds provided for at least 5 years from the date of
purchase or the completion of the improvements or as further required by law.
(22) LOBBYING PROHIBITION
a. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations
pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the
expenditure of funds for the purpose of lobbying the Legislature,the judicial branch,or a state agency."
b. No funds or other resources received from the Division under this Agreement may be used directly or
indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.
(23) COPYRIGHT. PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION U
WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. m
a. If the Recipient has a pre-existing patent or copyright,the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise.
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b. If any discovery or invention is developed in the course of or as a result of work or services performed T_
under this Agreement, or in any way connected with it,the Recipient shall refer the discovery or invention to the
Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights
accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any
books, manuals, films,or other copyrightable material are produced,the Recipient shall notify the Division. Any
copyrights accruing under or in connection with the performance under this Agreement are transferred by the
Recipient to the State of Florida.
c. Within thirty(30)days of execution of this Agreement,the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement that he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property that
is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph
(b), have the right to all patents and copyrights that accrue during performance of this Agreement.
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d. If the Recipient qualifies as a state university under Florida law,then, pursuant to section 1004.23,
Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole
property of the Recipient. In the case of joint inventions,that is inventions made jointly by one or more employees of
both parties hereto,each party shall have an equal, undivided interest in and to such joint inventions. The Division
shall retain a perpetual, irrevocable,fully-paid, nonexclusive license,for its use and the use of its contractors of any
resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this
Agreement,for Florida government purposes.
(24) LEGAL AUTHORIZATION. ^�
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its
governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the
undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(25) ASSURANCES.
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The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement. E
RECIPIENT:Monroe County Board of County Commissioners
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Name and title: David Rice. Mayor •.,„ �f3Y��
pF/anlou/
Date: ,P�1� �, g - "r ' DE UTY CLERK
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FID# 59-6000749
STATE OF FLORIDA O _o ` E
DIVISION OF EMERGENCY MANAGEMENT w
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By:
Name and Title: Michael Kennett.Deputy Director(By Authority from Division Director)
Date: /0 P9C 9KPI! 7-04"
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to
MONROE(;OUNTY ATTORNEY
RO E A O RM
HRI AMBROSIO
A IS TA U�TY ATTORNEY
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Date:
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EXHIBIT—1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
4
State Project-
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance title: Local Emergency Management and Mitigation Initiatives
Catalog of State Financial Assistance number: 31.064
Amount of State Funding:$5,900,000.00
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Attachment A
Budget and Scope of Work
I. PROPOSED BUDGET
Category Anticipated
Expenditure Amount
Salary and Benefits $0
Other Personal/Contractual Services $0
Administrative Expenses(Limited to no more than 5%) $0 M
Expenses $0
Operating Capital Outlay $0
Fixed Capital Outlay $5,900,000.00
Total Expenditures $5,900,000.00
IL BACKGROUND
As documented by Chapter 2018-009, Laws of Florida,Section 6, Specific Appropriation 2587,the
Legislature and the Governor appropriated$5,900,000.00 of Fixed Capital Outlay funds for construction of a
"Monroe County Emergency Operations&Public Safety Center":
2587 GRANTS AND AIDS TO LOCAL GOVERNMENTS AND NONSTATE ENTITIES-FIXED CAPITAL
OUTLAY EMERGENCY MANAGEMENT CRITICAL FACILITY NEEDS
FROM GENERAL REVENUE FUND. . . . .. . . . . . . . . . . . . 11,135,000
FROM GRANTS AND DONATIONS TRUST FUND. . . . . . . . . . . . 3,000,000
Funds in Specific Appropriation 2587 from the Grants and Donations Trust Fund reflect the transfer of
$3,000,000 of mitigation funds from the Hurricane Catastrophe Fund pursuant to 215.555(7)(c), Co
Florida Statutes.These funds shall be used to retrofit existing facilities used as public hurricane r
shelters as specified in section 215.559(1)(b),Flodda Statutes.
The nonrecurring general revenue funds provided in Specific Appropriation 2587 are allocated for the
construction of facilities as follows: (in part)
Monroe County Emergency Operations&Public Safety Center
(HB 4357)(Senate Form 1323).............................................5,900,000
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III. SCOPE OF WORK
A. Per Chapter 2018-009, Laws of Florida,Section 6,Specific Appropriation 2587 funds are allocated to
the Recipient for the construction of a Monroe County Emergency Operations&Public Safety Center(EO&PSC).
B. Eligible reimbursable costs for construction of the EO&PSC include, but not limited to:Architectural and
Engineering services and fees; construction management services and fees;site survey and soil testing;
necessary permits and fees;site fill,grading and landscaping;civil and utilities site work;construction of access
driveways, parking lots and fixtures, and site security measures;construction of the building's substructure,
superstructure,shell(exterior enclosure), interior construction and ancillary structures;appurtenances;special
inspections; mechanical, plumbing,electrical,telecommunication, conveying and security systems; lightning
protection;standby or back-up infrastructure equipment and systems(e.g.,standby electric system,
uninterruptible power supply, potable water and wastewater systems);finish work; built-in or immobile furniture
and equipment necessary for EO&PSC functional use and essential shared use spaces; and, costs associated
with Leadership in Energy and Environmental Design(LEED)certification.
C. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table
SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule"or other similar instrument as
approved by the Division may be used. E
D. The EO&PSC project's measurable outcome is an expansion of Monroe County disaster response and
relief capacity. Monroe County Emergency Management shall have rent-free use of the EO&PSC for the life of
the facility. The Recipient shall submit a binding written statement to the Division that real property improved or
constructed with funds authorized by this Agreement shall be dedicated for emergency management purposes
from the date of receipt of certificate of occupancy or completion from the Authority Having Jurisdiction(AHJ)for
a period of fifty(50)years,the estimated life of the facility, or until the end of the useful life of the facility as ¢'
agreed to by the Division. The Recipient shall ensure that the EO&PSC facility constructed with the fixed capital
outlay funds authorized by this Agreement shall be used as the county's primary Emergency Operations Center.
The Recipient further agrees that there will be no interior floor plan layout or use changes that reduce the
percentage of the building dedicated to emergency management after receipt of Certificate of Occupancy without
prior written approval by the Division. The EO&PSC shall remain demonstrably capable of being fully activated W
within one(1)hour of detection of an emergency; reference Chapter 27P-6.0023, Florida Administrative Code,
"Emergency Management Capabilities Assessment Checklist."
E. The EO&PSC shall be designed and constructed with sufficient space to house people and equipment
for daily routine and sustained continuous emergency operations. The designated emergency management
Emergency Operations Center portion of the facility shall be designed for no less than 62 staff work stations and Co
5,270 gross square feet of floor area.
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F. The EO&PSC and essential ancillary structures and equipment shall be designed to resist the effects of
a major hurricane. Design wind loads shall be in accordance with the hurricane provisions of International Code
Council ICC 500-2014, ICC/NSSA Standard for the Design and Construction of Storm Shelters or the American
Society of Civil Engineers(ASCE)Standard 7, Minimum Design Loads for Buildings and Other Structures, Risk
Category IV(Essential Facility),whichever is more stringent. The minimum wind design shall include:
U
Design Wind Speed=220 miles per hour(3 second gust, ultimate)
Exposure Category=C
Directionality Factor, Kd= 1.00
Construction documents shall provide the information described in]CC 500 Section 107.2.1.
G. The EO&PSC and essential ancillary structures and equipment shall resist penetration by large
windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies(i.e.,
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walls,windows, doors, louvers, roofs,skylights, hatches,etc.)shall meet the windborne debris missile criteria for
hurricane shelters of ICC 500-2014, or comparable performance as approved by the Division.
H. The lowest elevation of the EO&PSC and essential ancillary structures and equipment shall be elevated
to or above the higher of the elevations determined by: 1. Category 5 hurricane storm surge elevation plus 20
percent, including coastal wave effects;2.the base flood elevation plus three(3)feet;3.500-year(0.2 percent
annual chance)flood elevation(if determined)plus two(2)feet; and 4. highest recorded flood elevation plus
three(3)feet if a flood hazard study has not been conducted in the area.
I. Where secondary(emergency)roof drains or scuppers are required by the Florida Building Code—
Plumbing,the secondary system shall at a minimum be sized for a rainfall rate of eleven(11.0)inches per hour.
If applicable,the rainfall rate used to size the secondary roof drainage system shall be shown on the construction
drawings. Essential ancillary structures or enclosures with an open or air-permeable roof, and subject to
rainwater ponding at floor or ground level,shall be provided with drainage capacity sized for a rainfall rate of
eleven(11.0)inches per hour.
J. The EO&PSC and essential ancillary structures and equipment shall be designated as threshold
building(s),and special structural inspections required. Special inspections shall be conducted in compliance
with section 553.79, Florida Statutes and other applicable statutes, laws and rules.
K. The EO&PSC and essential ancillary structures and equipment shall at a minimum be designed for 96
hours of self-sufficient continuous operation and shall not be solely reliant upon off-site services and utilities
(e.g.,water, natural gas fuel,electricity,etc.)
L. The EO&PSC and essential ancillary structures and equipment shall be designed with appropriate
facility and site security measures. Security measures shall be consistent with Reference Manual to Mitigate
Potential Terrorist Attacks Against Buildings(FEMA 426), Crime Prevention Through Environmental Design
(CEPTD),or other comparable federal or state recognized best-practices as approved by the Division.
IV. TASK PRODUCTS
A. Per scope-of-work item Ill.C,Recipient shall prepare an initial timeline with key milestone
activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state E
reimbursement request for each activity. Table SWA may be used to meet this deliverable.
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B. Recipient shall submit a written statement that the EO&PSC shall be dedicated for emergency
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management purposes as described in III.D. T_
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C. Recipient shall submit copy of the local public advertisement(s)requesting design and construction
professional services; copies of pre-bid conference sign-in roster(s)and agenda; copy of the list of
respondent providers and their respective prices; and a copy of selected providers bid form(s).
D. The Recipient shall provide the Division with copies of pertinent construction regulatory reviews and
permits,the Construction Manager's or General Contractor's detailed schedule of Work(e.g., Gantt Chart), and
wind load and wind-borne debris impact product performance certifications or test reports.
E. The Recipient shall provide one(1)copy each of site survey,site master plan, spatial needs
assessment, and schematic design plan or preliminary design drawings for review by the Division. The spatial
needs assessment and schematic design plan/preliminary design may be consolidated into one document.
F. The Recipient shall provide one(1)set of substantially complete(approximately 80 percent)preliminary
design construction drawings and specifications for the EO&PSC and essential ancillary structures for review
and comment by the Division. The construction drawings shall include site survey information, landscaping, civil,
architectural, structural, mechanical, plumbing, and electrical drawings.
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G. The Recipient shall provide one(1)near bid-ready set of construction drawings and specifications for
the EO&PSC and essential ancillary structures for review and comment by the Division. The construction
drawings shall include site survey information, landscaping, civil,architectural,structural,mechanical, plumbing,
and electrical drawings and shall be signed by the applicable registered or licensed design professional(s)of
record.
H. The construction documents shall demonstrate that the EOBPSC and essential ancillary structures and
equipment meet the requirements set forth in Scope of Work Items III.E through III.L. Failure to supply the
required documentation, or disapproval of this documentation by the Division,shall result in denial or reduction of
funds at the sole discretion of the Division.
I. The Recipient shall provide the Division with a copy of photographs of preconstruction site conditions,
photographs documenting construction progress and photographs of completed construction; final or as-built
construction drawings and specifications with signature of designer(s)of record; and a copy of the certificate of
occupancy or completion of construction issued by the AHJ.
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V. DELIVERABLES
Reimbursement for project costs shall be based on the percentage of completion of the project. Any request for
reimbursement shall provide adequate and complete source documentation to support all costs related to the
project. In some cases the project may not be fully complete prior to requesting reimbursement of costs incurred
toward completion of this scope-of-work;therefore,a partial reimbursement may be requested. For full or partial
reimbursement requests,the Recipient shall include a swom Affidavit or American Institute of Architects(AIA)
forms G702 and G703, as required below.
A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's project personnel
with each reimbursement request attesting to the following:the percentage of completion of the work that the 2
reimbursement request represents,that disbursements or payments were made in accordance with all of the
agreement and regulatory conditions,and that reimbursement is due and has not been previously requested.
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B. AIA Forms G702 and G703. For construction projects where an architectural,engineering or
construction management firm provides construction administration services,the Recipient shall provide a copy
of the American Institute of Architects(AIA)form G702, Application and Certification for Payment, or a
comparable form approved by the Division,.signed by the contractor and inspection/certifying architect or
engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division.
VI. FINANCIAL CONSEQUENCES
If Recipient fails to comply with any term of the grant, the Division shall take one or more of the following actions,as
appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the recipient; CD
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2. Disallow all or part of the cost of the activity or action not in compliance; c®
3. Withhold further funding;or, �+
4. Take other remedies that may be legally available.
VII. SCHEDULE OF WORK
A. By September 30,2018,the Recipient shall provide the Division with Task Product IV.A for review and
approval. Failure to supply the required documentation, or disapproval of this documentation by the Division,
shall result in denial or reduction of funds at the sole discretion of the Division.
B. By September 30,2018 and at least on a quarterly basis thereafter, Recipient shall report on progress
in relation to the initial timeline, and submit an invoice for reimbursement for work accomplished in accordance
with the Division approved cost reimbursement allocation table referenced in Task Product IV.A.
C. By mutually agreed upon date(s),the Recipient shall provide the Division with Task Products IV.B
through IV.I,and Deliverables V.A and B(as applicable)for review and approval. Failure to supply the required
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documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at
the sole discretion of the Division.
D. By June 30, 2021,the Recipient shall provide a copy of the certificate of occupancy or completion,
close-out documentation and final payment invoice.
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Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
Project Name:Monroe County Emergency Operations and Public Safety Center
PROJECT PHASE Start Date End Date DEM Funds(FY Other Funds
2018-2019)
Board Contract Approval
Initial Payment of 20%in
first quarter(if requested)
Architectural&
Engineering Services Firm c
Selection
Site Survey and Soil
Testing
Q
Spatial Needs Assessment
Preliminary Design, 80%
complete
Preliminary Design, 100%
complete
Regulatory Review
Bid Document(s)
Development&Award
Notice to
Proceed/Mobilization
Construction Project E
Management&Special
Inspections
Construction 25%
Complete r
Construction 50%
Complete
Construction 100%
Complete
Administrative Fees;
maximum of 5%
Sub-Totals $5,900,000.00
TOTAL Estimated Project
Cost
A/E-Architectural and Engineering; DEM—Division of Emergency Management; FY-Fiscal Year
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Attachment B
Program Statutes and Regulations
Section 215.559, Florida Statutes Hurricane Loss Mitigation Program
Section 215.422, Florida Statutes Payments,warrants, and invoices; processing time limits;dispute
limitation;
agency orjudicial branch compliance
Section 215.97, Florida Statutes Florida Single Audit Act
Section 215.971, Florida Statutes Agreements funded with federal and state assistance
Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited
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Section 216.3475 Florida Statutes Maximum rate of payment for services funded under General
Appropriations Act or awarded on a noncompetitive basis
Section 287.056, Florida Statutes Purchases from purchasing agreement and state term contract
Section 287.057, Florida Statutes Procurement of commodities or contractual services
CFO MEMORANDUM NO. 04(2005-06) Compliance Requirements for Agreements
Section 553.844, Florida Statutes Requirements for Roofs and Opening Protection
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Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement,the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing
the execution of the hazard mitigation agreement with the Division of Emergency Management(DEM), including
all understandings and assurances contained in it, and directing and authorizing the Recipient's chief
administrative officer or designee to act in connection with the application and to provide such additional
information as may be required;
(c) No member of or delegate to the Congress of the United States,and no Resident Commissioner,shall receive
any share or part of this Agreement or any benefit. No member, officer, or employee of the Recipient or its
designees or agents, no member of the governing body of the locality in which this program is situated, and no
other public official of the locality or localities who exercises any functions or responsibilities with respect to the ,
program during his tenure or for one year after,shall have any interest,direct or indirect, in any contract or
subcontract,or the proceeds, for work be performed in connection with the program assisted under this m
Agreement. The Recipient shall incorporate,in all contracts or subcontracts a provision prohibiting any interest E
pursuant to the purpose stated above;
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(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to
provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed
prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a
notice of suspension or termination is received by the Recipient may not be funded with funds provided under
this Agreement unless previously approved in writing by the Division. All Recipient contracts shall contain
provisions for termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. 327 et seq., requiring that
mechanics and laborers(including watchmen and guards)employed on federally assisted contracts
be paid wages of not less than one and one-half times their basic wage rates for all hours worked Lull
in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act,29 U.S.C. Section 201 et seq., requiring that covered employees be
paid at least minimum prescribed wage, and also that they be paid one and one-half times their E
basic wage rates for all hours worked in excess of the prescribed work-week.
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(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964(P.L. 88-352),and the regulations issued pursuant thereto,which
provides that no person in the United States shall on the grounds of race,color, or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient received Federal financial
assistance and will immediately take any measures necessary to effectuate this assurance. If any
real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Recipient,this assurance shall obligate the Recipient,or in the case of
any transfer of such property,any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975,as
amended(42 U.S.C.6101-6107)which prohibits discrimination on the basis of age or with respect
to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act
of 1973;
(3) Executive Order 11246, as amended by,Executive Orders 11375 and 12086,and the regulations issued
pursuant thereto,which provide that no person shall be discriminated against on the basis of race,
color,religion,sex or national origin in all phases of employment during the performance of federal
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or federally assisted construction contracts; affirmative action to insure fair treatment in
employment, upgrading,demotion, or transfer; recruitment or recruitment advertising;
layoff/termination, rates of pay or other forms of compensation;and election for training and
apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others, particularly those with
whom they have family, business,or other ties pursuant to Section 112.313 and Section 112.3135, Florida
Statutes;
(h) It will comply with the Anti-Kickback Act of 1986,41 U.S.C.Section 51 which outlaws and prescribes penalties
for"kickbacks"of wages in federally financed or assisted construction activities;
(i) It will comply with the provisions of 18 U.S.C.594, 598, 600-605(further known as the Hatch Act)which limits the
political activities of employees;
(j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of
1973, as amended,42 U.S.C.4002-4107, including requirements regarding the purchase of flood insurance
in communities where such insurance is available as a condition for the receipt of any Federal financial
assistance for construction or acquisition purposes for use in any area having special flood hazards. The
phrase"Federal financial assistance"includes any form of loan,grant,guaranty, insurance payment, rebate,
subsidy, disaster assistance loan or grant,or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas(SFHA),the Recipient must include a FEMA Model
Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant
Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were
satisfied on each of the properties. The Model Acknowledgement can be found at
www.fema.gov/govemmenta/granttsfha—conditions.shtm
(k) It will require every building or facility(other than a privately owned residential structure)designed, constructed,
or altered with funds provided under this Agreement to comply with the"Uniform Federal Accessibility
Standards,"(AS)which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix
A to 24 CFR, Part 40 for residential structures. The Recipient will be responsible for conducting inspections
to ensure compliance with these specifications by the contractor; U
(1) It will, in connection with its performance of environmental assessments under the National Environmental Policy
Act of 1969,comply with Section 106 of the National Historic Preservation Act of 1966(U.S.C.470),
Executive Order 11593,24 CFR, Part 800,and the Preservation of Archaeological and Historical Data Act of
1966(16 U.S.C.469a-1,et seq.)by: E
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(1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for
inclusion in the National Register of Historic Places that are subject to adverse effects(see 36
CFR,Section 800.8)by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such
properties.
(3) Abiding by the terms and conditions of the"Programmatic Agreement Among the Federal
Emergency Management Agency,the Florida State Historic Preservation Office,the Florida
Division of Emergency Management and the Advisory Council on Historic Preservation,
(PA)"which addresses roles and responsibilities of Federal and State entities in implementing
Section 106 of the National Historic Preservation Act(NHPA), 16 U.S.C.470(f),and implementing
regulations in 36 CFR, Part 800.
(4) When any of the Recipient's projects funded under this Agreement may affect a historic property, as
defined in 36 CFR, Part 800(2)(e),the Federal Emergency Management Agency(FEMA)may-
require the Recipient to review the eligible scope of work in consultation with the State Historic
Preservation Office(SHPO)and suggest methods of repair or construction that will conform with
the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings 1992(Standards),the Secretary of the
Interior's Guidelines for Archeological Documentation(Guidelines)(48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the
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eligible scope of work will not conform with the Standards,the Recipient agrees to participate in
consultations to develop, and after execution by all parties,to abide by, a written agreement that
establishes mitigation and recondition measures, including but not limited to, impacts to
archeological sites,and the salvage,storage, and reuse of any significant architectural features
that may otherwise be demolished.
(5) The Recipient agrees to notify FEMA and the Division if any project funded under this Agreement will
involve ground disturbing activities, including, but not limited to:subsurface disturbance; removal of
trees;excavation of footings and foundations, and installation of utilities(such as water,sewer,
storm drains,electrical,gas, leach lines and septic tanks)except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or maintenance of
such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties
may be present and be affected by such activities. The SHPO will advise the Recipient on any
feasible steps to be accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the recovery or
archeological data from the property.
If the Recipient is unable to avoid the archeological property,develop, in consultation with SHPO, a
treatment plan consistent with the Guidelines and take into account the Advisory Council on
Historic Preservation (Council)publication"Treatment of Archeological Properties". The Recipient
shall forward information regarding the treatment plan to FEMA,the SHPO and the Council for m
review. If the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct the Recipient to implement the treatment plan. If either the
Council or the SHPO object, Recipient shall not proceed with the project until the objection is
resolved.
(6) The Recipient shall notify the Division and FEMA as soon as practicable:(a)of any changes in the
approved scope of work for a National Register eligible or listed property; (b)of all changes to a
project that may result in a supplemental DSR or modify a HMGP project for a National Register
eligible or listed property; (c)if it appears that a project funded under this Agreement will affect a
previously unidentified property that may be eligible for inclusion in the National Register or affect a
known historic property in an unanticipated manner. The Recipient acknowledges that FEMA may
require the Recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that construction
may affect a known historic property in an unanticipated manner. The Recipient further U
acknowledges that FEMA may require the Recipient to take all reasonable measures to avoid or
minimize harm to such property until FEMA concludes consultation with the SHPO. The Recipient
also acknowledges that FEMA will require, and the Recipient shall comply with, modifications to the
project scope of work necessary to implement recommendations to address the project and the
property.
(7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive
funding for projects when,with intent to avoid the requirements of the PA or the NHPA,the
Recipient intentionally and significantly adversely affects a historic property, or having the legal Co
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(m) It will comply with Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683 and 1685-
1686)which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation
Act of 1970, (42 U.S.C.4521-45-94)relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as
amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C.4821 et seq.)which prohibits the use of
lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act(P.L.94-163;42 U.S.C.6201-6422),and the
provisions of the State Energy Conservation Plan adopted pursuant thereto;
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(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C.2131-2159), pertaining to the care,
handling,and treatment of warm blooded animals held for research,teaching, or other activities supported
by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C.3601-3619),as
amended, relating to non-discrimination in the sale, rental,or financing of housing,and Title VI of the Civil
Rights Act of 1964(P.L.88-352),which prohibits discrimination on the basis of race,color or national origin;
(t) It will comply with the Clean Air Act of 1955, as amended,42 U.S.C.7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended,42 U.S.C.7419-7626 r
(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C.4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966,as
amended, 16 U.S.C.270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental
Policy Act of 1969,42 U.S.C.4321-4347;
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(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical
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Preservation Act of 1966, 16 U.S.C.469a,et seq.;
(aa)It will comply with the Rehabilitation Act of 1973,Section 504,29 U.S.C.794, regarding non-discrimination;
(bb)It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act
of 1974,42 U.S.C.300f-300j, regarding the protection of underground water sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property
Acquisition Policies Act of 1970,42 U.S.C.4621 4638,which UJI
provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or Federally assisted programs;
(dd)It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting.
components or potential components of the national wild and scenic rivers system; UJI
(ee)It will comply with the following Executive Orders: EO 11514(NEPA); EO 11738(violating facilities); EO 11988 m
(Floodplain Management); EO 11990(Wetlands); and EO 12898(Environmental Justice); E
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C.3510;
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(gg)It will assure project consistency with the approved State program developed under the Coastal Zone T-
Management Act of 1972, 16 U.S.C. 1451-1464;and
(hh)It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations as
outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect
buildings located in the Recipient's jurisdiction to detect the presence of asbestos and lead in
accordance with requirements of the U.S. Environmental Protection Agency,the Florida
Department of Environmental Protection and the County Health Department.
(4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
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b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Recipient to remove asbestos and
lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work.
(8) Obtain all required permits.
(9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed
along with the number of wells and septic tanks located on each site. Provide documentation of
closures.
(10)Comply with mandatory standards and policies relating to energy efficiency which are contained in the
State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act �—
(Public Law 94-163).
(11)Comply with all applicable standards, orders,or requirements issued under Section 112 and 306 of the
Clean Air Act(42 U.S.C. 1857h),Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive
Order 11738, and the U.S. Environmental Protection Agency regulations(40 CFR, Part 15 and 61).
This clause shall be added to any subcontracts.
(12)Provide documentation of public notices for demolition activities.
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ATTACHMENT D
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:If you are requesting an advance, indicate same by checking the box below.
[ ]ADVANCE REQUESTED r
Advance payment of$ is requested. Balance of payments will
he made on a reimbursement basis_ These
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If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES w
BUDGET CATEGORY/LINE ITEMS 20=20_Anticipated Expenditures for First Three Months(90 days
(list applicable line items) of Funding Agreement
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTALEXPENSES
LINE ITEM JUSTIFICATION For each line item, provide a detailed justification explaining the need for the cash
advance. The justification must include supporting documentation that clearly shows the advance will be expended
within the first ninety(90)days of the Funding Agreement term. Supporting documentation should include quotes for
purchases,delivery timelines,salary and expense projections, etc.to provide the Division reasonable and necessary CD
support that the advance will be expended within the first ninety(90)days of the Funding Agreement term. Any
advance funds not expended within the first ninety(90)days of the contract term shall be returned to the Division Co
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Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399,within thirty(30)days of receipt,along with any
interest earned on the advance).
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Attachment E
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate,current and complete disclosure of the financial results of this project or program r
(2) Records that identify the source and use of funds for all activities.These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances,assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
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safeguard all assets and assure that they are used solely for authorized purposes. CD
(4) Comparison of expenditures with budget amounts for each Request For Payment.Whenever
appropriate,financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition.The Recipient shall be
alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair CD
competitive advantage, contractors that develop or draft specifications,requirements,statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements.Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the
bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient.Any and all bids or offers may
be rejected when it is in the Recipient's interest to do so.
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the
award and administration of contracts. No employee,officer, or agent shall participate in the selection,award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or
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her partner,or an organization which employs or is about to employ any of the parties indicated, has a financial or
other interest in the firm selected for an award.The officers,employees, and agents of the Recipient shall neither
solicit nor accept gratuities,favors,or anything of monetary value from contractors or parties to subcontracts. The
standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees,or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business,with the entrance door open to the public, and at least one
employee on site,from
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Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient. CD
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Attachment F
`Certifcation'RegaMing.
Debarment,Suspension,Ineligibility` '
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, certifies, by submission
of this document,that neither it nor its principals is presently debarred,suspended,proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
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(2) Where the Recipient's subcontractor is unable to certify to the above statement,the prospective
subcontractor shall attach an explanation to this form. m
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SUBCONTRACTOR:
By:
Signature Recipient's Name U
Name and Title DEM Contract Number
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Street Address Project Number
City, State,Zip
Date
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