Item D44
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19. 2003
Division: Public Safety
Bulk Item: Yes X
No
Department: Emergency Management
AGENDA ITEM WORDING: Approval of an agreement with Florida Department of Community
Affairs regarding an Emergency Management Preparedness and Assistance Trust Fund Competitive
Grant award in the amount of $20,415.00 for the purchase of a portable emergency communications
radio tower
ITEM BACKGROUND: Emergency Management applied for grant funds available under the
Emergency Management Preparedness and Assistance Competitive Grant Program for the purchase of a
portable emergency communications radio tower. The attached agreement is for the funding of the
tower, in the amount of$20,415.00.
PREVIOUS RELEVANT BOCC ACTION: On December 19, 2001, Board granted approval to
apply for Emergency Management Preparedness and Assistance Competitive Grant for the purchase of
a portable emergency communications radio tower. On June 19,2002, Board approved the acceptance
of the grant from the Department of Community Affairs for FY 2002-2003 in the amount of$20,415
for the purchase of a portable emergency communications radio tower.
CONTRACT/AGREEMENT CHANGES: This is a new contract.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH Year $20.415
Grant Funds awarded from DCA
APPROVED BY: County Atty YES
DEPARTMENT DIRECTOR APPROVAL:
DMSION DIRECTOR APPROVAL:
DOCUMENTATION:
f"
Included l To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # ;Z> ?y
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Department of Community Effective Date: 07/01/02
Affairs
Expiration Date: 06/30/03
Contract PurposelDescription: Emergency Preparedness and Assistance Trust Fund - purchase
portable emergency communications radio tower for Emergency Management Dept.
Contract Manager: Jeff Manning
(Name)
6325
(Ext. )
Emergency Management
(Department)
for BOCC meeting on 02/19/03
Agenda Deadline: 02/05/03
CONTRACT COSTS
Total Dollar Value of Contract: $20,415.00 Current Year Portion: $20,415.00
Budgeted? Yes XX No Account Codes: 125-13513-560630-GE0207-560630
Grant: $20,415.00
County Match: $0.00
Estimated Ongoing Costs: $0.00
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. Maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
D~f Needed /1
Division Director 8-/ f~qJ Y esO No~ -L
Risk Management YesO No[!2r , ;2/3/(/3
YesONo[3" /~ O~~ ot/3/0i3
r-1 ~K ,J-3olq3 / I I/J~J
County Attorney 1!:J-3//)3 Ye~o~ 0, I I-nFt~'/l ~
Comments;-h';J ;1-\ ~~:"~~..L.J...Ll.l~", +/... -r~. i'J~,L~:e.~~;~~~.~?_~~
Date Out
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O.M.B./Purchasing
OMB Form Revised 9/11/95 MCP #2
Comract ~umber: 03CG-IO-1l-54-01-083
CSFA Number: 52.009
STA TE-FUNDED SUBGR-\NT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Depanment of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Monroe County Board of County Commissioners, (hereinafter referred to as
the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWIN"G FACTS:
A. WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida
Statutes, and Rule Chapter 9G-19, Florida Administrative Code, to disburse funds for emergency
management grants to eligible recipients; and
B. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive
these grant funds to provide the services identified herein; and
C. WHEREAS, the Department 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
hereinafter set forth; and
D. WHEREAS, the Department has authority pursuant to Florida law to disburse the
funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Scope of
Work, Attachment A of this Agreement.
(2) INCORPORA. TION OF LA WS. RULES. REGULA TrONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws. rules and regulations. including but not limited to those identified in
Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on July 1, 2002 and shall end June 30, 2003 unless
terminated earlier in accordance with the provisions of paragraph (9) of this
Agreement. Final requests for reimbursement shall be submitted no later than
thirty (30) days after the termination date of the Agreement. Any requests
received after August 15,2003, may, in the discretion of the Department, not be
reimbursed from this Agreement. Reimbursement requests shall not be submitted
by facsimile transmission.
(4) MODIFICA TrON OF COi\;iRACT: REPAYMENTS
(a) Any extension of this Agreement will be reviewed on a case-by-case basis.
No extension will be considered unless Recipient is in compliance with the
terms and conditions of this Agreement, or Recipient provides credible
evidence that the extension is needed to complete the Scope of Work due
to circumstances beyond its control. Either party may request modification
of the provisions of this Agreement. Changes which are mutually agreed
upon shall be valid only when reduced to writing, duly signed by each of
the parties hereto, and attached to the original of this Agreement.
(b) All refunds or repayments to be made to the Department under this
Agreement are to be made payable to the order of "Department of
Community Affairs", and mailed directly to the Department at the
following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Florida Statutes, if a check or other
draft is returned to the Department for collection, the Department must add
to the amount of the check or draft a service fee of Fifteen Dollars ($15.00)
or Five Percent (5%) of the face amount of the check or draft, whichever is
greater.
(5) RECORDKEEPING
(a) The Recipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five years from the date
the audit report is issued, and shall allow the Department or its designee,
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Comptroller, or Auditor General access to such records upon request. The
Recipient shall ensure that audit working papers are made available to the
Department or its designee, Comptroller, or Auditor General upon request
for a period of five years from the date the audit report is issued, unless
extended in writing by the Department, with the following exceptions:
(1) If any litigation, claim or audit is started before the expiration of the
five year period and extends beyond the five year period, the
records will be maintained until all litigation, claims or audit
findings involving the records have been resolyed.
(2) Records for the disposition of non-expendable personal property
valued at $5,000 or more at the time of acquisition shall be retained
for five years after final disposition.
(3) Records relating to real property acquisition shall be retained for
five years after closing of title.
(b) All records, including supporting documentation of all program costs, shall
be sufficient to determine compliance with the requirements and objectives
of the Scope of Work, Attachment A, and all other applicable laws and
regulations.
(c) The Recipient, its employees or agents, including all subcontractors or
consultants to be paid from funds provided under this Agreement, shall
allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of
8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents"
shall include, but not be limited to, auditors retained by the Department.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly
Financial History (Form 1) and quarterly Status (Form 2) Reports, and a
final Close Out (Form 5) Report.
(b) Quarterly Financial History (Form 1) and quarterly Status (Form 2) Reports
are due to the Department no later than fifteen (15) days after the end of
each quarter of the program year and shall continue to be submitted each
quarter until submission of the Close Out Report (Form 5). The ending
dates for each quarter of the program fiscal year are September 30,
December 31, March 31 and June 30.
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(c) Reimbursement Request (Form 3) and Detail of Claims (Form 4a-f) are to
be filed simultaneously, as needed.
(d) The Close Out (Form 5) Report is due forty-five (45) days after
termination of this Agreement or upon completion of the activities
contained in this Agreement.
(e) If all required reports and copies, prescribed above, are not sent to the
Department or are not completed in a manner acceptable to the
Department, the Department may withhold further payments until they are
completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are
not received within fIfteen (15) days after the specified due date and with
thirty (30) days prior written notice by the Department. "Acceptable to the
Department" means that the work product was completed in accordance
with generally accepted principles and is consistent with the Scope of
Work, Attachmen t A.
(e) Upon reasonable notice, the Recipient shall provide such additional
reports, program updates or information as may be required by the
Department.
(7) MONITORING
The Recipient shall constantly monitor its performance under this Agreement to
ensure that time schedules are being met, the Budget and the Scope of Work,
Attachment A, is being accomplished within the specified time periods, and other
performance goals are being achieved. Such review shall be made for each
function or activity set forth in Attachment A to this Agreement, and shall be
reported in accordance with the reporting requirements of Section (6). In addition,
the Department will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
In addition to reviews of audits conducted in accordance with O:MB Circular A-
133, as revised and Section 215.97, Florida Statutes. (see "AUDIT
REQUlREMENTS" below), monitoring procedures may include, but not be
limited to, on-site visits by Department staff, limited scope audits as defined by
OMB Circular A-I33, as revised, and/or other procedures. By entering into this
Agreement, the Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department. In the event that the
Department determines that a limited scope audit of the Recipient is appropriate,
the Recipient agrees to comply with any additional instructions provided by the
Department to the Recipient regarding such audit. The Recipient further agrees to
4
comply and cooperate with any inspections, reviews, investigations or audits
deemed necessary by the Comptroller or Auditor General. In addition, the
Department will monitor the performance and financial management by the
Contractor throughout the contract term to ensure timely completion of all tasks.
(8) LLA..BILITY
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be
solely responsible to parties with whom it shall deal in carrying out the
terms of this Agreement, and shall save the Department hannless against
all claims of whatever nature by third parties arising out of the performance
of work under this agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Department, but is an
independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the extent
provided by Section 768.28, Florida Statutes. for its negligent acts or
omissions or tortious acts which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Recipient to which sovereign immunity applies.
Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter
arising out of any contract.
(9) NONCOMPLIANCE: DEFAULT: REMEDIES: TER.\1INATION
(a) If the Recipient fails to comply with any term applicable to an award under
Rule Chapter 9G-19, Florida Administrative Code, or this Agreement, the
Department may take one or more of the following actions, as indicated by
the attendant circumstances:
(1) temporarily withhold cash payments, pending correction of the
deficiency, or withhold the final ten (10) percent of the grant award
until the final work product is completed, submitted and determined
to be acceptable by the Department;
(2) disallow all or part of the cost of the activity or action not in
compliance;
(3) suspend or terminate the award;
(4) disallow future participation in the program or funding provided
under this rule chapter;
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(5) recover all funds provided under the current award.
(b) If the necessary funds are not available to fund this Agreement as a result
of action by Congress, the state Legislature, the Office of the Comptroller
or the Governor's Office of Policy and Budget, or if any of the following
events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the
Department so elects, terminate and the Department may, at its option,
exercise any of its remedies set forth herein, but the Department may make
any payments or parts of payments after the happening of any Events of
Default without thereby waiving the right to exercise such remedies, and
without becoming liable to make any further payment:
(2)
. (3)
(4)
(1)
if any warranty or representation made by the Recipient in this
Agreement or any previous Agreement with the Department shall at
any time be false or misleading in any respect, or if the Recipient
shall fail to keep, observe or perform any of the terms or covenants
contained in this Agreement or any previous agreement with the
Department and has not cured such in timely fashion, or is unable
or unwilling to meet its obligations thereunder;
if any material adverse change shall occur in the financial condition
of the Recipient at any time during the term of this Agreement from
the financial condition revealed in any reports filed or to be filed
with the Department, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date
written notice is sent by the Department;
if any reports required by this Agreement have not been submitted
to the Department or have been submitted with incorrect,
incomplete or insufficient information;
if the Recipient has failed to perform and complete in timely
fashion any of the services required under the Scope of Work
attached hereto as Attachment A.
(c) Upon the happening of an Event of Default, then the Department may, at
its option, upon thirty (30) calendar days prior written notice to the
Recipient and upon the Recipient's failure to timely cure, exercise anyone
or more of the following remedies, either concurrently or consecutively,
and the pursuit of anyone of the following remedies shall not preclude the
Department from pursuing any other remedies contained herein or
otherwise provided at law or in equity:
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(l) terminate this Agreement, provided that the Recipient is given at
least thirty (30) days prior written notice of such termination. The
notice shall be effective when placed in the United States mail, first
class mail, postage prepaid, by registered or certified mail-return
receipt requested, to the address set forth in paragraph (l0) herein;
(2) commence an appropriate legal or equitable action to enforce
performance of this Agreement;
(3) withhold or suspend payment of all or any part.of a request for
payment;
(4) exercise any corrective or remedial actions, to include but not be
limited to, requesting additional information from the Recipient to
determine the reasons for or tile extent of non-compliance or lack of
performance, issuing a written warning to advise that more serious
measures may be taken if the situation is not corrected, advising the
Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or requiring the Recipient to reimburse the
Department for the amount of costs incurred for any items
determined to be ineligible;
(5) exercise any other rights or remedies which may be othef\.Vise
available under law.
(d) The Department may tenninate this Agreement for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but
not be limited to, misuse of funds; fraud; lack of compliance with
applicable rules, laws and regulations; failure to perform in a timely
manner; and refusal by the Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under
Chapter 119, Aorida Statutes, as amended.
(e) Suspension or termination constitutes final agency action under Chapter
120, Florida Statutes, as amended. Notification of suspension or
termination shall include notice of administrative hearing rights and time
frames.
(f) In addition to any other remedies, the Recipient shall return to the
Department any funds which were used for ineligible purposes under the
program laws, rules, and regulations governing the use of the funds under
the program.
(g) This Agreement may be terminated by the written mutual consent of the
parties.
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(h) Notwithstanding the above, the Recipient shall not be relieved of liability
to the Department by virtue of any breach of Agreement by the Recipient.
The Department may, to the extent authorized by law, withhold any
payments to the Recipient for purpose of set-off until such time as the exact
amount of damages due the Department from the Recipient is detennined.
(10) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in
writing, either by hand delivery, or first class, certifie~ mail, return receipt
requested, to the representative identified below at the address set forth
below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this
Agreement is:
Ms. Debbie W onsch, Manager
Emergency Management Preparedness and
Assistance Grants Program
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 413-9894
Fax: (850) 488-7842
Email: Debbie.Wonsch@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible
for the administration of this Agreement is:
JEFF MANNING - EMERGENCY MANAGEMENT
490 63rd Street Ocean
Marathon, FL 33050
Telephone: 305/289-6325
Fax: 305/289-6333
Emai}: manning-j eff@monroecounty-fl. com
(d) In the event that different representatives or addresses are designated by
either party after execution of this Agreement, notice of the name, title,
address and telephone number of the new representative will be rendered as
provided in (lO)(a) above.
(11) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the
8
Recipient in this Agreement. in any subsequent submission or response to
Department request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and
materials are incorporated by reference. The lack of accuracy thereof or
any material changes shall, at the option of the Department and with thirty
(30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of t)1e State of Florida,
and venue for any actions arising out of this Agreement shall lie in Leon
County. If any provision hereof is in conflict with any applicable statute or .
rule, or is othenvise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable,
but shall not invalidate any other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or
failure to insist on strict performance by the Recipient shall affect or extend
or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any
power of approval or disapproval granted to the Department under the
terms of this Agreement shall survive the terms and life of this Agreement
as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act
(Public Law 101-336,42 U.S.c. Section 12101 et sea.), if applicable,
which prohibits discrimination by public and private entities on the basis of
disability in the areas of employment, public accommodations,
transportation, State and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory
vendor list may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact
business with any public entity in excess of Category Two for a period of
9
thirty-six (36) months from the date of being placed on the convicted
vendor list or on the discriminatory vendor list.
(12) AUDIT REOUIRENfENTS
(a) The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to
account for the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable time~ for inspection,
review, or audit by state personnel and other personnel duly authorized by
the Department. "Reasonable" shall be construed according to
circumstances, but ordinarily shall mean normal business hours of 8:00
a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports
or financial statements upon request for the purposes of auditing and
monitoring the funds awarded under this Agreement.
(d) If the Recipient is a non-state entity as defined by Section 215.97, Florida.
Statutes. and in the event that the Recipient expends a total amount of State
financial assistance equal to or in excess of $300,000 in any fiscal year of
such Recipient, the Recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Governor and the
Comptroller; and Chapters 10.550 (local government entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this Agreement indicates State financial assistance awarded
through the Department by this Agreement. In determining the State
financial assistance expended in its fiscal year, the Recipient shall consider
all sources of State financial assistance, including State funds received
from the Department, other state agencies, and other non-state entities.
State financial assistance does not include Federal direct or pass-through
awards and resources received by a non-state entity for Federal program
matching requirements.
In connection with the audit requirements addressed in paragraph 12(d)
above, the Recipient shall ensure that the audit complies with the
requirements of Section 215.97(7), Florida Statutes. this includes
submission of a reporting package as defined by Section 215.97(2)(d),
Florida Statutes. and Chapters 10.550 (local governmental entities) or
10,650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
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If the Recipient expends less than $300,000 in State financial assistance in
its fiscal year, an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the
Recipient expends less than $300,000 in state financial assistance in its
fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215.97, Florida S tatlltes, the cost of the audit must be
paid from the non-state entity's resources (i.e., the cost of such an audit
must be paid from the Recipient's resources obtained from other than State
entities).
(e) Report Submission:
(1) The annual financial audit report shall include all management
letters and the Recipient's response to all findings, including
corrective actions to be taken.
(2) The annual financial audit report shall include a schedule of
financial assistance specifically identifying all Agreements and
other revenue by sponsoring agency and Agreement number.
(3) Copies of financial reporting packages required under this
Paragraph 12 shall be submitted by or on behalf of the Recipient
directly to each of the following:
The Department of Community Affairs at each of the following
addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
Finance and Logistics Management Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
11
(4) Any reports, management letter, or ocher infonnation required to be
submitted to the Department pursuant to this Agreement shalI be
submitted timely in accordance with OMB Circular A-133, Florida
Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
(5) Recipients, when submitting financial reporting packages to the
Department for audits done in accordance with O.MB Circular A-
133 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was
delivered to the Recipient in correspondence accompanying the
reporting package.
(f) The Recipient shall retain sufficient records demonstrating its compliance
with the terms of this agreement for a period of five (5) years from the date
the audit report is issued, and shall allow the Department, or its designee,
the Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to
the Department, or its designee, the Comptroller, or Auditor General upon
request for a period of five (5) years from the date the audit report is issued,
unless extended in writing by the Department.
(g) In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of
this Agreement, the Recipient shall be held liable for reimbursement to the
Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the
Department has notified the Recipient of such non-compliance.
(h) The Recipient shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this contract for a
period of five (5) years after the date of submission of the final
expenditures report. However, if litigation or an audit has been initiated
prior to the expiration of the five-year period, the records shall be retained
until the litigation or audit findings have been resolved.
(i) The Recipient shall have all audits completed in accordance with Section
215.97, Florida Statutes, by an independent certified public accountant
(IP A) who shall either be a certified public accountant or a public
accountant licensed under Chapter 473, Florida Statutes, the IP A shall state
that the audit complied with the applicable provisions noted above.
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(13) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement,
a copy of the executed subcontract must be forwarded to the Department within
thirty (30) days after execution of the subcontract. The Recipient agrees to include
in the subcontract that (i) the subcontractor is bound by all applicable state and
federal laws and regulations, and (ii) the subcontractor shall hold the Department
and Recipient hannless 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.
(14) TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully
herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments
shall be controlling, but only to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A, Scope of Work
Attachment B, Program Statutes and Regulations
Attachment C, Grantee's Advance Justification
Attachment D, Contractual Forms Packet
(16) FUNDING/CONSIDERA TION
(a) This is a cost-reimbursement Agreement. The Recipient shall be
reimbursed for costs incurred in the satisfactory performance of work
hereunder in an amount not to exceed $20,415 subject to the availability of
funds. Funds received under the Emergency Management Preparedness
and Assistance Trust Fund shall not be used to supplant existing funds.
(b) The Recipient shall establish a separate account code in an interest bearing
Account for tracking all deposits, expenditures and interest pertaining to an
award. A separate account code shall be established for each award
received. The interest earned on said account (s) shall be remitted
13
promptly to the Department, but no later than ninety days after the
completion of the Agreement.
(c) Any advance payment under this Agreement is subject to Section
216.181(16), Florida Statutes. The amount which may be advanced may
not exceed the expected cash needs of the Recipient within the first three
(3) months. 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 C. Attachment C will specify the amount of
advance payment needed and provide an explanation of the necessity for
and proposed use of these funds. However, no advance will be authorized
where the Scope of Work, Attachment A, prohibits disbursing funds prior
to the Recipient's submission of documentation showing compliance with
applicable standards and requirements noted in the Scope of Work,
Attachment A.
1. V No advance payment is requested.
2. An advance payment of $ is requested.
The Scope of Work, Attachment A, does not prohibit
disbursing funds prior to compliance with applicable standards
and requirements.
(d) After the initial advance, if any, payment shall be made on a
reimbursement basis as needed. The Recipient agrees to expend funds in
accordance with tbe Scope of Work, Attachment A, of this Agreement.
(e) Recipient agrees to perform the project identified in said application
utilizing the funds provided under this Agreement, supplemented by any
funds represented in said application as matching funds. Recipient shall
not expend more than five percent (5%) of the total funds awarded for
administrative expenses. "Administrative expenses" means the direct costs
of staff managing the project and other direct costs for managing the
project, as well as the applicant's indirect rate, if any, applied to those
direct costs of management. The sum total of direct and indirect costs
identified shall not exceed five percent (5%) of the total funds awarded
from the trust fund for the project.
(17) STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature,
14
and subject to any modification in accordance with Chapter 216, Florida
Statutes or the Florida Constitution.
(b) 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.
(c) If otherwise allowed under this Agreement, all bills for any travel expenses
shall be submitted in accordance with Section 112.061, Florida Statutes.
(d) The Department of Community Affairs reserves the right to unilaterally
cancel this Agreement for refusal by the Recipient to allow public access to
all documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Recipient in
conjunction with this Agreement.
(e) If the Recipient is allowed to temporarily invest any advances of funds
under this Agreement, any interest income shall either be returned to the
Department or be applied against the Department's obligation to pay the
contract amount.
(f) 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
D.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act (UlNA")]. The Department shall consider the employment
by any contractor of unauthorized aliens a violation of Section 274A(e) of
the Il'JA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
(18) STATE LOBBYING PROHIBITION
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other
official action by the Florida Legislature or any state agency.
(19) EQUIPMENT AND PROPERTY M.ANAGEMENT
If the Scope of Work, Attachment A, contemplates the acquisition of equipment,
the Recipient agrees to use said equipment for emergency management purposes
only, and to properly maintain and repair said equipment. Recipient shall establish
adequate maintenance procedures to keep the equipment in proper working
condition. Recipient shall establish a control system to insure adequate safeguards
to prevent loss, damage or theft of the equipment. Recipie.nt shall promptly advise
the Department of any loss, damage or theft affecting said equipment. Recipient
15
shall make this equipment available CO the Local Emergency Management Agency
established pursuant to Section 252.38, Florida Statutes, and to the State of
Florida, upon request, in the event said equipment is needed for emergency
management purposes. Recipient shall not sell, lease, rent, encumber or dispose of
said equipment without the written permission of the Department.
(20) COPYRIGHT. PATENT A.,i\TD TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN
CONNECTION "VITH THE PERFORlVl~NCE OF TillS AGREE:MENT
ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND
ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION 'WITH
THE PERFORMANCE OF TIDS AGREEl\tIENT ARE HEREBY
TR~NSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing
patent or copyright, the Recipient shall retain all rights and entitlements to
that pre-existing patent or copyright unless the Agreement provides
otherwise,
(b) If any discovery or invention arises or is developed in the course of or as a
result of work or services performed under this Agreement, or in any way
connected herewith, the Recipient shall refer the discovery or invention to
the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights
accruing under or in connection with the performance of this Agreement
are hereby reserved to the State of Rorida. In the event that any books,
manuals, films, or other copy rightable material are produced, the
Recipient shall notify the Department. Any and all copyrights accruing
under or in connection with the performance under this Agreement are
hereby transferred by the Recipient to the State of Rorida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual properties relevant to the performance of this
Agreement which he or she knows or should know could give rise CO a
patent or copyright. The Recipient shall retain all rights and entitlements to
any pre-existing intellectual property which is so disclosed. Failure to
disclose will indicate that no such property exists. The Department shall
then, under Paragraph (b), have the right to all patents and copyrights
which occur during performance of the Agreement.
(21) PUBLICATIONS AND PUBLICITY
The Recipient shall, in publicizing, advertising, or describing the project, state:
"Sponsored by the State of Rorida. Division of Emergency Management." If the
16
project is displayed or referenced in written material, the words, "State of Florida,
Division of Emergency Management", shall appear in the same size letters or type
as the name of the Recipient.
(22) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and that, if
applicable, its governing body has authorized, by resolution or otherwise, the
execution and acceptance of this Agreement with all covenants and assurances
contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(23) VENDOR PA YNfENTS
Pursuant to Section 215.422, Florida Statutes, the Department shall issue payments
to vendors within forty (40) days after receipt of an acceptable invoice and receipt,
inspection, and acceptance of goods and/or services provided in accordance with
the terms and conditions of the Agreement. Failure to issue the Warrant within
forty (40) days shall result in the Department paying interest at a rate as established
pursuant to Section 55.03(1), Florida Statutes. The interest penalty shall be paid
within fifteen (15) days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency
may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924
or by calling the State Comptroller's Hotline at 1-800-848-3792.
IN WITNESS MfEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
RECIPIENT:
MONROE COUNTY BOARD OF COUNTY COMIVlISSIONERS
BY:
NA\1E A..ND TITLE:
DATE:
-sAMAS #
FEID#
STATE OF FLORIDA, DEPARTIVIENT OF C01\l11\lfUNITY AFFAIRS
BY:
NAME AND TITLE: W. Craig Fu!!ate. Division Director
DATE:
,-
EXHIBIT - 1
FEDERAL RESOURCES A WARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program -0-
COMPLIANCE REQUIREl\tIENTS APPLICABLE TO THE FEDERAL RESOURCES
A WARDED PURSUANT TO THIS AGREEIVIENT ARE AS FOLLOWS:
Not Applicable
STA TE RESOURCES A WARDED TO THE RECIPIENT PURSUANT TO THIS -
AGREEMENT CONSIST OF THE FOLLOWING:
MA TCHING RESOURCES FOR FEDERAL PROGR.\MS:
Federal Pro!!ram: -0-
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number)
State A warding Agency: Department of Communi tv Affairs
Catalog of State Financial Assistance Title: State. Local and Private Projects
Catalog of State Financial Assistance Number: 52.009
State Grant Amount: $ 20.415
COl\1PLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
A WARDED PURSUANT TO THIS AGREEl\-IENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida
Administrative Code
Attachment A
Scope of "Vork
The information and representations contained in the grant application submitted to the
Department by the Recipient and evaluated pursuant to Rule Chapter 9G-19, Florida
Administrative Code, are hereby incorporated by reference into this Agreement.
If the Recipient succeeds in acquiring products or services for less than the budgeted amount,
then it must notify the Department and request authorization to apply the unexpended funds to
the project, identifying the proposed use for the unexpended funds. If the unexpended funds can
be applied to enhance the project through acquisition of additional equipment or services which
will provide the same benefit as the approved project, then the Department may approve the use
of the unexpended funds.
The recipient, Monroe County Emergency Management, shall purchase the tower and associ.ated
electronic and hardware equipment as in the grant application proposed budget. The purchasing
process shall be in accordance with County, State and, if applicable, Federal purchasing
requirements, rules and regulations.
Any equipment purchased by grant funding that is capable of emitting radio frequency energy
shall be properly licensed by the Federal Communications Commission and shall be in
compliance and accordance with the communications plans of the Division of Wireless
Technology (formerly the Division of Communications) of the Florida Department of
Management Services.
.-\11 wiring, cabling and interfacing of equipment to be purchased under the grant to other
equipment, whether purchased under the grant or existing, will be in compliance with applicable
electrical and building codes and good engineering practice. All electrical and electronic
equipment purchased using grant funds will be Underwriters Laboratory approved.
Contractors performing work in accordance with the grant application will be properly licensed,
bonded, certified and permitted in accordance with Federal, State, County andlor local
requirement and all work performed will be done in a professional, workmanlike manner.
All communications devices and equipment and all data processing and messaging systems
purchased and installed will be compatible with similar systems operated by the Monroe County
Emergency Operations Center and with the State of Rorida Emergency Operations Center.
The recipient will provide to the Division of Emergency Management the following, prior to or
with the final progress report:
1) Standard Operating Procedures for the operation of the equipment and services obtained under
the terms of this grant including but not limited to extent of use, responsible parties and
procedures for operating and using the system during rourine and disaster conditions;
,{\
2) A training schedule for the operators of the equipment and system.
3) A list of the equipment purchased. showing installed location. manufacturer and model and
serial numbers.
4) A diagram of the finished system. showing the as-built configuration.
5) The results of all tests and acceptance trials of the equipment, a copy of the syllabus used for
the training and the attendance list(s), by name and title, of the applicant's staff or employees
attending the training.
As identified by the timeline in the letter dated June 20, 2002, the recipient will provide in each
quarterly status report an updated timeline that identifies all tasks completed. dates of
completion, tasks to be completed within the next quarter along with the proposed completion
dates.
A comprehensive test of the system will be held prior to the submission of the fmal progress
report and request for payment. The test will include exercising the system to its capacity, testing
the procedures and instructions for operation, defining the areas of coverage and the preparation
of a test result, which shall be included in the final progress report.
The Recipient will not be providing any match to the project as was proposed and approved in
the application.
Attachment B
Program Statutes and Regulations
1. Chapter 252, Florida Statutes
2. Rule Chapter 9G-19, Florida Administrative Code
3. Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-l, Florida Administrative Code
6. Chapter 215.97, Florida Statutes (Audit Requirements)
7. Chapter 215.34(2), Florida Statutes
8. Chapters 10.550 (local government entities) or 10.650 (non-profit organizations),
Rules of the Auditor General
9. OJ.\IIB Circular A-133 (if applicable)
10. Section 112.061, Florida Statutes
11. 8 V.S.e., Section 1324a(e) [Section 27 A(e) of the Immigration
and Nationality Act (''!NA'')
12. Section 768.28, Florida Statutes
13. Americans With Disabilities Act (Public Law 101-336, 42 V.S.C. Section 12101 et seq.)
14. OJ.\IIB Circulars A-87 and A-I02
15. Chapter 216.181(16), Florida Statutes
16. 48 Code of Federal Regulations, Part 31, if applicable
.' ...
Attachment C
Grantee's Advance Justification
..,..,