Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17. 2003
Division:
Public Safety
Bulk Item: Yes XX
No
Department: Emergency Management
AGENDA ITEM WORDING: Approval of an Agreement with the Florida Department of
Community Affairs concerning an Emergency Management Base Grant (contract #04BG-04-11-54-0l-
044) in the amount of$105,806.00.
ITEM BACKGROUND: This is an annual Grant Agreement between Florida Department of
Community Affairs and Monroe County. The grant is intended to enhance County Emergency
Management plans and programs that are consistent with the State Comprehensive Emergency
Management Plan and Program.
PREVIOUS RELEVANT BOCC ACTION: This grant has been approved each year since 1994.
CONTRACT/AGREEMENT CHANGES: Effective dates of this agreement are October 1,2003
through September 30,2004.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
COST TO COUNTY: N/A
BUDGETED: Yes
SOURCE OF FUNDS:
No
REVENUE PRODUCING: Yes XX No _AMOUNT PER MONTH_ Year _$105.806
APPROVED BY: County Atty Yes OMB/Purchasing Yes Risk Management _ Yes
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
DOCUMENTA TION:
Included XX
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # ~,,/
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSUNrnJARY
Contract with: Florida DCA/DEM Contract #04BG 04-44- 54-01-044
Effective Date: 01 October 03
Expiration Date: 30 September 04
Contract Purpose/Description:
Funds intended to enhance Monroe County's Emergency Management Program
Contract Manager: Irene Toner 6065 Emergency Management/14
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 17 Sept. 03 Agenda Deadline: 02 Sept. 03
CONTRACT COSTS
Total Dollar Value of Contract: $ 105,806.00
Budgeted? Yesn No r8J Account Codes:
Grant: $ /~ec>fp.Q)
County Match: -0-
Current Year Portion: $
- - -
----
- - -
----
- - -
----
Estimated Ongoing Costs: $-O-/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
- - -
----
CONTRACT REVIEW
Changes
~~~ ~eeded
Division Director '0 . t<'J.SYesD No
Risk Management ~1J3/0) YesD No0"
O.M.B./Purchasing ojL!& YesO ~O~ ~
County Attorney 3'/13/6 YesO~o~~
Comments:
OMB Form Revised 2/27/01 MCP #2
., '"-,,,~..../
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
IEB BUSH
Governor
COLLEEN CASTIllE
Secretary
August 7, 2003
The Honorable Dixie Spehar
Mayor, Monroe County Board
of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Dear Mayor Spehar:
Enclosed are four copies of the Agreement for the Emergency Management Preparedness and
Assistance (EMP A) Base Grant between your county and the Department of Community Affairs for
Fiscal Veal' 2003-2004.
Please read the Agreement and attachments thoroughly, particularly the items which are in
bold type. The October 1,2003 - September 30,2004 activities detailed in your Scope of Work,
currently being approved through your area coordinator, will become Attachment B-1. The 2003-2004
Agreement cannot be fully executed until this document has been completed and approved.
The amount of the Agreement represents an allocation approved by the 2003 Legislature
($ I 05,806) less your county's portion of the statewide satellite service costs. The deduction for satellite
communication services for Fiscal Year 2003-2004 is $2,847.
The Department wiII notify the county by means of an A ward Letter of the amount of Emergency
Management Performance Grant (Federal; funds to be provided. Please see Paragraph (4) Modification
of Contract: Revavments.
Before returning the Agreement, be sure to indicate under Paragraph (I6)(b) FundinldConsideration
whether an advance payment is being requested. The amount which may be advanced may not exceed the
expected cash needs within the first three (3) months of the Agreement term. The request must be submitted
on Attachment E with a detailed j ustification.
Attachment A. Budget must be filled in and returned with the Agreement. Also, please make sure
that the information required on Page 7 is complete,
2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 32399.2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
I n Ie rn et add ress; http;//www.dca.slate.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway. Suite 212
Marathon, FL 33050-2227
(30.5) 289.2402
COMMUNITY PLANNING
2555 Shtlmard Oak Boulevard
T.llahassee, Fl 32399-2100
(850) 486-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee.. Fl J2399~2100
(850) 413-9969
HOUSING & COMMUNITY DEVElOPMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(650) 486-7956
1 . a
€E€9-682-50E
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The Honorable Dixie Spehar
August 7, 2003
Page Two
Please submit to this office a copy of the current Position Description detailing the duties and
responsibilities of ALL positions to be paid from these grant funds, including the full-time Emergency
Management Director as defined in Rule 9G-19.002(6), Florida Administrative Code. By signing this
Agreement, the Board of County Commissioners certifies its intention to employ and maintain a full-time
county emergency management director in compliance with Rule 9G- I 9 .004( I), Florida Administrative
~.
Be sure that all remaining reports/work products required under your current year
Agreement are completed and submitted to us on time. Failure to provide this information may
result in delaying execution of your new Agreement until any deficiencies are corrected.
We look forward to continuing to work with you during this eleventh year of the Emergency
Management Preparedness and Assistance Program. Please sign and return all four copies of the
Agreement to this office, Stamped signatures will not be accepted. A fully executed copy will be
returned to you for your files. If you have any questions about this Agreement or about this program,
please contact me at (850) 413-9894 or Dee Giles at (850) 413-9940.
Sincerely,
D.~ WVh~
Debbie Wansch, Manager
Emergency Management Preparedness
and Assistance Grant Programs
DW/dgs
Enclosures
cc: County Emergency Management Director
2'd
eEeS-S82-S0E
JJoa
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Agreement Number: 04BG-04-11-54-01-044
CSF A Number: 52008
CFDA Number: 83,552
STATE AND FEDERALLY FUNDED SUB GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and MONROE COUNTY, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these
grant funds to provide the services identified herein and agrees to comply with all the requirements of
this Agreement and Rule Chapter 9G-19, Florida Administrative Code; and
B. WHEREAS, the Departmen.t receives these gran.t funds from the State of Florida and the
federal government, and has the authority to subgrant these funds to the Recipient upon the terms and
conditions hereinafter set forth; and
C. 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 recipients.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) BUDGET AND SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Budget, Attachment
A, and Scope of Work, Attachment B and B-1, of this Agreement.
(2) INCORPORA nON OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment C.
(3) PERIOD OF AGREEMENT
This Agreement shall begin October 1,2003 and shall end September 30,2004, unless
terminated earlier in accordance with the provisions of Paragraph (9) of this Agreement. All requests for
reimbursement must be submitted within 30 days after the termination date of the Agreement. Any
requests received after November 1,2004, may, in the discretion of the Department, not be reimbursed
from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission.
1
(4) MODIFICATION OF CONTRACT: REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be effective only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement. No change to the terms and conditions of
this Agreement, including the Scope of Work, shall be effective until filed and approved in accordance
with the provisions in Attachment B.
Changes to the amount of funding to be provided may be accomplished by notice from the
Department to the Recipient, in the form of certified mail, return receipt requested. The Department may
make an award of additional funds by subsequent Award Letter certified mail, return receipt requested, to
the Recipient's contact identified in Paragraph (10), below. Should the Recipient determine it does not
wish to accept the award of additional funds, then the Recipient shall provide notice to the Department
contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to
the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter.
The terms of this Agreement shall be considered to have been modified to include the additional funds
upon the Department's receipt of the written notice of acceptance and receipt of a budget form which
details the proposed expenditure of the additional funds. The budget form will be provided by the
Department when the offer of additional funds is made.
Notwithstanding the foregoing, any budget changes which do not increase the overall cost of
the project or change the Scope of Work do not require a written .modification to this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to. the order of "Department of Community Affairs", and mailed directly to the Department
at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with ~ 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 serviee 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) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-II 0, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this
Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the
Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
2
(b) 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, 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 resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or
more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years after closing
of title.
(c) All records, including supporting documentation of all program costs, shall be sufficient
to determine compliance with the requirements and objectives of the Budget, AttachmentA and Scope of
Work, Attachment B and B-1, and all other applicable laws and reguJations. .
(d) 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 reports, and
with a close-out report.
(b) Quarterly reports are due to be received by the Department no later than 30 days after
the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are December 31, March 31, June 30 and September 30.
(c) The close-outreport is due 45 days after termination of this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the. Department or are
not completed in a manner acceptable to the Department, the Department may withhold further payments
until they are completed or may take such other action as set forth in paragraph (9). The Department may
terminate the Agreement with a Recipient if reports are not received within 30 days after written notice
by the Department. "Acceptable to the Department" means that the work product was completed in
accordance with generally accepted principles and is consistent with the Budget and Scope of Work.
3
(e) Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment D.
(7) MONITORING
The Recipient shall constantly monitor its performance under this Agreement to ensure that time
schedules are being met, the Budget and Scope of Work are being accomplished within specified time
periods, and other performance goals are being achieved. Such review shall be made for each function or
activity set forth in Attachment B and B-1 to this Agreement. 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 OMB Circular A-133, as revised
(see "AUDIT REQUIREMENTS" 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-l33, 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 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) LIABILITY
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be -solely .._
responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
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.
4
(9) DEFAULT: REMEDIES: TERMINATION
(a) If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder.shall, if the Department so elects,terminate
and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
may make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any further
payment:
1. If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the Recipient at
any time during the term of this Agreement from the financial condition revealed in any reports filed or
to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty
(30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the Department or
have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the services
required under the Budget, Attachment A, and Scope of Work, Attachments B and B-1 attached hereto.
(b) 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 any one of the following remedies shall not rreclud.e the Department from pursuing any other
remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided bat the Recipient is given at least thirty (30) days
prior written notice of such termination. The notice shall be effective when placed in the United States
mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address set forth in Paragraph (10) herein;
Agreement;
2. Commence an appropriate legal or equitable action to enforce performance of this
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to, requesting
additional information from the Recipient to determine the reasons for or the extent of non-compliance or
lack of performance, issuing a written warning to advise that more serious measures may be taken if the
situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs
5
for any activities in question or requiring the Recipient to reimburse the Department for the amount of
costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under law;
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Florida Statutes. as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Florida
Statutes. as amended. Notification of suspension or termination shall include notice of administrative
hearing rights and time frames.
(e) 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.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either
by hand delivery, or first class, certified mail, return receipt requested, to the representative identified
below at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Ms. Debbie Wonsch, Manager
Emergency Management Preparedness and
Assistance Base Grant Program
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: (850) 413-9894
Fax: (850) 488-7842
Email: debbie.wonsch@dca.state.f1.us
6
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
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(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 ofthe new representative will be
rendered as provided in (lO)(a) above.
(e) All payments relating to the Agreement shall be mailed to the following address:
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(11) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
. the requirements of this Agreement, and such information, representations, and materials are.
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be
deemed null and void to the extent of such conflict, 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. .'
7
(e) . The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336,42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public
and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the cO!1victed vendor list following a
conviction for a public entity crime or on the discriminatory vendor listJ: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 of36 months from the date of being placed on the
convicted vendor or discriminatory vendor list.
(12) AUDIT REOUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours 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 State or local government ora non-profit organization as defined
in OMB Circular A-l33, as revised, and in the event that the Recipient expends $300,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions ofOMB Circular A-l33, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-l33, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions
ofOMB Circular A-l33, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient
shall fulfill the requirements relative to auditee respons ibilities as provided in Subpart C of OMB
Circular A-l33, as revised,
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions ofOMB Circular A-l33, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions ofOMB Circular A-l33, as revised, the cost of the
8
audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient
resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf ofthe Recipient directly to each ofthe
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
Bureau of Compliance Planning and Support
Finance and Administration Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) In the event that the Recipient expends a total amount of State awards (Le.,
State financial assistance provided to the recipient to carry out a State project) from all state sources
equal to or in excess of$300,000 in any fiscal year of such Recipient, the Recipient must have a
State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes,
In determining the State awards expended in its fiscal year, the Recipient shall
consider all sources of State awards, including State funds received from the Department, except
that State awards received by a nonstate entity for Federal program matching requirements shall be
excluded from consideration. The funding for this Agreement was received by the Department as a
Grants and Aids appropriation.
9
1. The annual financial audit report shall include all management letters and
the recipient's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
3. The complete financial audit report, including all items specified in (12)(d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
4. In connection with the audit requirements addressed in (d) above, the
Recipient shall ensure that the audit complies with the requirements of
Section 215.97, Florida Statutes. This includes submission ofa reporting
package as defined by Section 215.97, Florida Statutes.
5. Ifthe Recipient expends less than $300,000 in State awards 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 awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from non-State funds (Le., the
cost of such an audit must be paid from the recipient's funds obtained from
other than Stat~ entities).
(g) Pursuant to Section .320 (t), OMB Circular A-B3, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-B3, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
10
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance Planning and Support
Finance and Administration Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(h) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall 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.
(i) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB 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.
G) 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, 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 years from the date the
audit report is issued, unless extended in writing by the Department.
(k) 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.
(1) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a pel iod of five 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,
(m) The Recipient shall have all audits completed by an independent certified public
accountant (IP A) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions
noted above.
(13) SUBCONTRACTS
. (a) If the Recipient subcontracts any or all of the work required under this
Agreement, a copy of the executed subcontract must be forwarded to the Department with'in thirty
(30) days after execution of the subcontract. The Recipient agrees to include in the subcontract
that (1) the subcontractor is bound by all applicable state and federal laws and regulations, and (2)
11
the subcontractor shall hold the Department and Recipient harmless against all claims of whatever
nature arising out of the subcontractor's performance of work under this Agreement, to the extent Co'
allowed and required by law.
(b) The Recipient shall not award subgrants using funds awarded pursuant to this
Agreement.
(c) The Recipient shall comply with all applicable procurement rules and regulations
in securing goods and services to implement the Scope of Work. Wherever required by law or
otherwise permitted, the Recipient shall utilize competitive procurement practices.
(d) Allowable costs shall be determined in accordance with Office of Management
and Budget Circular A-87.
(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 - Budget
Attachment B and B-1 - Scope ofWor:k
Attachment C - Program Statutes and Regulations
Attachment D - Reports
Attachment E - Justification for Advance
Attachment F - Assurances
(16) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $102,959
subject to the availability of funds from the Department. The amount of funds available pursuant to this
rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed
as a condition of receiving federal disaster relief assistance or planning funds.
Funds received from the Emergency Management Preparedness and Assistance Trust Fund may
not be used to supplant existing (unds, nor shall funds from one program under the Trust Fund be ,..
used to match funds received from another program under the Trust Fund.
12
(b) Any advance payment under this Agreement is subject to s, 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 of the contract term. For a federally funded contract, any
advance payment is also subject to federal OMB Circulars A-87, A-I 10, A-122 and the Cash
Management Improvement Act of 1990;
If an advance payment is requested, the budget data on which the request is based and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of
advance payment needed and provide an explanation of the necessity for and proposed use of these
funds.
1. 'I-.
No advance payment is requested.
2.
An advance payment of $
is requested,
(c) After the initial advance, if any, any further payments shall be made on a quarterly
reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be .
approved by the Department for exceptional circumstances. An explanation of the exceptional
circumstances must accompany the request for reimbursement. The Recipient agrees to expend funds in
accordance with the Budget, Attachment A, and the Scope of Work, Attachments B and B-1 of this
Agreement.
(d) All funds received hereunder shall be placed in an interest-bearing account with a
separate account code identifier for tracking all deposits, expenditures and interest earned. Funds
disbursed to the Recipient by the Department that are not expended in implementing this program shall
be returned to the Department, along with any interest earned on all funds received under this Agreement,
within ninety (90) days of the expiration of the award Agreement.
(e) The Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Whenever required by law or otherwise
permitted, the ReCipient shall utilize competitive procurement practices.
(f) Allowable costs shall be determined in accordance with applicable Office of
Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT
COST PRINCIPLES AND PROCEDURES.
(g) At a minimum, the Recipient shall continue to provide other funding for the
Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the
previous three years' level of county general revenue funding of the Recipient's Emergency
Management Agency; or (2) the level of funding for the Recipient's Emergency Management
Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011). Recipient's general
revenue funding for 911 services, emergency medical services, law enforcement, criminal justice,
public works or other services outside the local emergency management agency as defined by
Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of
the Recipient's Emergency Ma~agement Agency." The Recipient shall certify compliance with this
,
jI
13
rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt
of funding.
v
Federal funds provided under this Agreement shall be matched by the Recipient dollar for
dollar from non-federal funds.
v'
(h) Should the Recipient wish to carry forward into the fiscal year beginning October I, 2004
any unspent funds awarded under this Agreement, the Recipient must request such carry forward offunds
in writing with accompanying documentation detailing the exceptional circumstances requiring the need to
the Department by June 30, 2004. At the Division's discretion, an amount not to exceed an amount equal
to 25% of the initial amount awarded ($105,806) may be carried forward under this Agreement. Failure to
timely submit information, or failure to submit complete information, may result in the denial of a request
to carry funds forward. Any carry forward amounts approved will be added to the Recipient's base
Agreement for the following year. Funds may not be carried forward for the purpose of paying salaries
and benefits of regular or Other Personal Services personnel. Such salaries and benefits funds may be
carried forward to cover contractual or other temporary personnel costs for non-recurring projects only.
(17) STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature and receipt of funds from the federal government, and
subject to any modification in accordance with Chapter 216, F1or~da Statutes or the Florida Constitution.
(b) This Agreement may not be renewed or extended.
(c) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Florida Statutes.
(e) The Department 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.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 V.S.C. Section 1324a(e) [Section 274A(e) ofthe Immigration and Nationality Act ("INA")].
The Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
14
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
(18) LOBBYING PROHIBITION
(a) 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.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief: .
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
. paid to any person for influencing or attempting to influence an officer or employee of any agency, a .
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and su~mit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreementsrand that all subrecipients shall certify and disclose
accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(19) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION
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 TillS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
15
(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 iri the course of or as a result of work
or services perfonned 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
perfonnance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable 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 Florida.
(c) Within thirty (30) days of execution ofthis 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 to 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 perfonnance of the Agreement.
(20) 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.
(21) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment F.
(22) VENDOR PAYMENTS
Pursuant to Section 215.422, Florida Statutes. the Department shall issue payments to vendors
within 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 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 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.
16
(23) EQUIPMENT AND PROPERTY MANAGEMENT
The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc"
Persona] Earth Station@ and related equipment (hereinafter "the Equipment").
The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1)
the State of Florida LeaselPurchase Agreement, dated October 1994, executed between Hughes
Network Systems, Inc. ("HNS"), and the Department, (a copy of which is available from the
Department) regarding the procurement and use ofthe Equipment; and (2) the Services Agreement
Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of
which is available from"the Department) (hereinafter, collectively, "the HNS Agreements")
regarding the operation of an interactive satellite communications service for the Department, the
Recipient and other sites. In particular, the Recipient agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and any
requests for repairs, service, maintenance or the like, shall be communicated directly and
exclusively to the Department's State Warning Point (SWP) (850) 413-9910.
B. That the Recipient will assist and comply with the instructions of the SWP and any
technical service representative responding to the report or service request. Recipient's
personnel shall cooperate with and assist service representatives, as required, for installa-
tion, troubleshooting and fault isolation, with adequate staff.
C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the
Equipment, accessories, attachments and related items without the express written
approval of the Department.
D. That the Recipient shall provide access, subject to reasonable security restrictions, to the
Equipment and related areas and locations ofthe Recipient's facilities and premises, and
will arrange permitted access to areas of third-party facilities and premises for the purpose
of inspecting the Equipment and performing work related to the Equipment. Service
representatives and others performing said work shall comply with the Recipient's
reasonable rules and regulations for access, provided the Department is promptly
furnished with a copy after execution of this Agreement. The Recipient shall provide safe
access to the Equipment and will maintain the environment where the Equipment is
located in a safe and secure condition. The Recipient shall provide service representatives
with access to electrical power, water and other utilities, as well as telephone access to the
Recipient's facility as required for efficient service.
E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the
Equipment from damage, theft, loss and other hazards. This shall not obligate the
Recipient to procure insurance. The Department agrees to procure and maintain all risks
insurance coverage on the Equipment. The Recipient agrees to refrain from using or
dealing with the Equipment in any manner which is inconsistent with the HNS
Agreements, any policy of insurance referred to in the HNS Agreements, and any
applicable laws, codes ordinances or regulations. The Recipient shall not allow the
Equipment to be misused, abused, wasted, or allowed to deteriorate, except norma] wear
and tear resulting from its intended use.. The Recipient shall immediately report any
17
damage, loss, trouble, service interruption, accident or other problem related to the
Equipment to the SWP, and shall comply with reasonable instructions issued thereafter.
F. That any software supplied in connection with the use or installation of the equipment is
subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s)
and/or the Department's vendor(s). The use of one copy of said software is subject to a
license granted from HNS to the Department, and a sublicense from the Department to the
Recipient, to use the software solely in the operation ofthe Equipment, to commence on
delivery of the software to the Recipient and to last for the term of the HNS Agreements.
The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate,
any part of the software, or (ii) create or attempt to create, or permit others to create or
attempt to create, by reverse engineering or otherwise, the source programs or any part
thereof from the object programs or from other information provided in connection with
the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer,
disclose, lease, or license the software to any third party.
G. To comply with these provisions until the termination of the HNS Agreements.
H. The amounts retained for the satellite service cover the initial order for services provided
to the Department pursuant to the services agreement between Hughes Network Systems
and the State of Florida. The charge does not cover maintenance, repair, additional
equipment and other services not part of the initial order for services. The service charge
covers only the remote corrective maintenance specified in paragraph 4.3 of the Service
Agreement with HNS and does not cover other maintenance, repair, adqitional equipment
and other services not part of the initial order for services. In particular, the service charge
does not cover:
1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe;
accident, lightning, theft, misuse, fault or negligence of the Recipient or causes
external to the Equipment, such as, but not limited to, failure of, or faulty,
electrical power or air conditioning, operator error, failure or malfunction of data
communication Equipment not provided to the Recipient by the Department under
this Agreement, or from any cause other than intended and ordinary use.
2. Changes, modifications, or alterations in or to the Equipment other than approved
upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the Equipment or any accessories,
attachments or other devices. .
The Recipient shall be independently responsible for any and all charges not part of the initial
service order.
(24) COMMUNICA nONS COSTS
By its execution of this Agreement, the Recipient authorizes the Department to deduct the
18
appropriate costs of the recurring charges for the satellite communications Service from the allocation
provided to Recipient under Rule 9G-19.005(3), Florida Administrative Code. The deduction is $2,847
for twelve months.
In the event the Recipient desires to continue use of the National Warning System
(NA WAS) line, then the Recipient shall assume all operational and fiscal responsibility for the NA W AS
line and equipment in the County.
(25) VEHICLES
Written approval from the Director of the Division of Emergency Management must be
obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the
absence of such approval, the Department has no obligation to honor such reimbursement request. Any
trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income
and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMP A)
Base Grant expenditures.
(26) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Wherever required by law or otherwise
permitted, th~ Recipient shall utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and
Budget Circular ~-I02 - Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement
for the purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of
the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and
procedures and applicable federal policies and procedures.
(27) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 9G-6, 9G-Il, and 9G-19, Florida Administrative Code. Chapter 252,
Florida Statutes. and appropriate administrative rules and regulations that guide the emergency
management program and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management, v
Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor
will funds from one program under the Trust Fund be used to match funds received from another program
under the Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911
services, emergency medical services, law enforcement, criminal justice, fire service, public works or other
services outside the emergency management responsibilities assigned to the Recipient's Emergency
Management Agency, unless such expenditure enhances emergency management capabilities as expressly
assigned in the local Comprehensive Emergency Management Plan (CEMP).
19
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement (SMAA).
(d) By its signature below, the Recipient reaffirms its certification to employ and maintain a
full-time Director consistent with Rule 90-19.002(6), Florida Administrative Code.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT
County
BY:
Name and Title:
Date:
Federal Employer I.D.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: W. Craig Fugate. Director
Date:
20
EXHIBIT - 1
FEDERAL RESOURCES A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program -0-
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable at this time.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TillS AGREEMENT
CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number)
State Awarding Agency: Department of Communi tv Affairs
Catalog of State Financial Assistance Title: Emer!?:encv Mana2:ement Pro!?:rams
Catalog of State Financial Assistance Number: 52008
State Grant Amount: $105.806
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES. AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code.
21
. Attachment A
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Preparedness and Assistance (EMPA) State portion of this sub grant only (Paragraph (16)(a), FUNDING!
CONSIDERA nON). A separate bud2:et form for the Emer2:encv Mana2:ement Performance Grant
(EMPG) portion of this sub2:rant will be provided when funds are awarded bv the Department.
Cate2:orv
Anticipated Expenditure Amount
SalarieslFringe Benefits
$
IOl,orr,48
Other Personal Services
$
$_\9L11.52.
Expenses
Operating Capital Outlay
$
Fixed Capital Outlay
$
Total State Funds
$
lon,' C\r-:)O 0 O"~
I /..-,.J-_:J .
-~ l.es S ~~e\ ell, h.~ ckJLtct-, b&
if) ~'(j+'1 ,00
22
Attachment B
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended
to enhance county emergency management plans and programs that are consistent with the State
Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-6, Florida
Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each
recipient is at a varying level of preparedness, and it is understood that each county has a unique
geography, faces unique threats and hazards, and serves a unique population.
In order to receive base grant funding, the Recipient must certify that it wiII use the award to enhance its
Emergency Management Program,
As a condition of receiving funding pursuant to this Agreement, the Recipient shaH complete the work
items approved by the Department and attached hereto as Attachment B-1. Subsequent revisions during
the ternl of this Agreement shall be those submitted in writing by the Recipient, approved by the
Department, and on file in the Division.
As a further condition of receiving funding under this Agreement, following full or partial County
Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level
two (2) or above during the period of this Agreement, then the Recipient shall, within forty-five' (45) days
following the conclusion of the activation, evaluate the performance of all elements of the local emergency
management program during that activation, and provide a written after action report to the Department.
Funds may not be used for items such as door prizes and gifts. Flyers and educational information to
educate the public about the Emergency Management Program is allowable.
Food and beverages may be purchased for Emergency Management personnel and other personnel onlv if
the Recipient's Emergency Operation Center or field command office is in an activated status and
personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only
under (I) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared
by local officials in response to an emergency event or threat.
Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated
ordinances in effect which expressly address emergency management, disaster preparedness, civil defense,
disasters, emergencies or otherwise govern the activation of the local emergency management program
provided in s.252.38, Florida Statutes.
23
Attachment C
Program Statutes and Regulations
I. Chapter 252, Florida Statutes
2. Rule Chapters 9G-6, 9G-II, 9G-19 and 9G-20, Florida Administrative Code
3. Chapter 215.97, Florida Statutes
4. Chapter 287, Florida Statutes
5. Chapter 119, Florida Statutes
6. Chapter 112, Florida Statutes
7. OMB Circular A-87
8. OMB Circular A-133
9. 48 CFR, Part 31
......_."....r-.!U-M""'"~
24
Attachment D
Reports
A. The Recipient shall provide the Department with quarterly' financial reports, semi-annual
summary progress reports prepared in conjunction with the Department's Area Coordinator,
and a final close-out report, all in a format to be provided by the Department.
B. Quarterly reports shall begin with the first quarter of the Recipient's fiscal year; are due to the
Department no later than thirty (30) days after the end of each quarter of the program year;
and shall continue to be submitted each quarter until submission of the final close-out report.
The ending dates for each quarter of this program year are December 31, March 31, June 30
and September 30.
C. The final close-out report is due forty-five (45) days after termination of this Agreement.
D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida
Administrative Code, historical budgetary information relating to the Recipient's Emergency
Management Program is also required. This information shall be developed based on
guidelines provided by the Department and shall be submitted to the Department not later
than December 31, 2003. The Historical Information form must be prepared and si~ned \/
by an official of the County's Finance Office.
E. In a format provided by the Department, a proposed staffing summary shall be submitted to
the Department not later than December 31, 2003.
F. If all required reports prescribed above are not provided 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 Paragraphs
(9), and Rule 9G-19.0 14, Florida Administrative Code. "Acceptable to the Department"
means that the work product was completed in accordance with generally accepted principles,
guidelines and applicable law, and is consistent with the Scope of Work.
G. Upon' reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Department.
H. All report formats provided by the Department shall be made available to the Recipient on the
Division's Internet site and a hard COPy will be mailed with a fully executed copy of the
Agreement.
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Attachment E
Justification for Advance
26
Attachment F
Assurances
To the extent the following provisions apply to the award of assistance in this Agreement, as
determined by the awarding agency, the Sub grantee hereby assures and certifies that:
(a) 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-halftimes their
basic wage rates for all hours worked 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 the minimum prescribed wage, and also that they be
paid one and one-half times their basic wage rates for all hours worked in excess of the
prescribed work-week.
(b) It will comply with:
(1) Ti~le 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
Subgrantee receives 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 Subgrantee, this
assurance shall obligate the Subgrantee, 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 qualified 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
27
employment during the performance of federal 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;
(c) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et seq.), where 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;
(h) 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 othe.rs, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(i) 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;
(j) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the
Hatch Act) which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements ofthe Flood
Disaster Protection Act of 1973 as amended,A2 USC4002-4107,inc1uding 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 ofloan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance;
(1) 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 Accessability 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 Subgrantee will be responsible for conducting inspections to
ensure compliance with these specifications by the contractor;
28
(m) It will, in connection with its performance of environmental assessments under the
National Environmental Policy Act of 1969, comply with Section 106 oftheNational
Historic Preservation Act of 1966 (D.S.C. 470), Executive Order 11593, 24 CFR Part 800,
and the Preservation of Archaeological and Historical Data Act of 1966 (16 V.S.C. 469a-l,
et seq.) by:
(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 conditionsofthe "Programmatic AgreementAmong the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the Florida Department of Community Affairs and the Advisory Council on
Historic Preservation, (P A)" which addresses roles and responsibilities of Federal and
State entities in implementing Section 106 of the National Historic Preservation Act
(NHP A), 16 V.S.C. 470f, and implementing regulations in 36 CFR part 800.
(4) . When any of Recipient's projects funded under this Agreement may affect a historic.
property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency
(FEMA) may require 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 eligible scope of
work will not conform with the Standards, Recipient agrees to participate in consultations
to develop, and, after execution by all parties, to abide by, a written agreement that
establishes mitigation and recordation 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) Recipient agrees to notify FEMA and the Department if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for 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
29
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 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 of archeological
data from the property. If Recipient is.unable to avoid the archeological property, develop,
in consultation with the SHPO, a treatment plan consistent with the Guidelines and take
into account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties." Recipient shall forward information regarding
the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do no object within 15 calendar days of receipt of the treatment plan, FEMA may
direct Recipient to implement the treatment plan. If either the Councilor the SHPO object,
Recipient shall not proceed with the project until the objection is resolved.
(6) Recipient shall notify the Departmen~ 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 an 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
Jll1anticipated manner. Recipient acknowledges that FEMA may require Recipient to stop
construction in the vicinity of the discovery of a previously unidentified property that may
be eligible for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient n.lrther
acknowledges that FEMA may require Recipient to take all reasonable measures to avoid
or minimize harm to such property until FEMA concludes consultation with the SHPO.
Recipient also acknowledges that FEMA will require, and Recipient shall comply with,
modifications to the project scope of.work-necessary to implement recommendations to
address the project and the property.
(7) 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 NHP A, Recipient intentionally and significantly adversely affects a historic property, or
having the legal power to prevent it, allowed such significant adverse affect to occur.
(n) It will comply with Title IX of the Education Amendments of1972, as amended (20
V.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
30
(0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 V.S.C. 4521-45-94) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(P) .. It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 D.S.C. 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act (42 D.S.C,: 4821 et seq.)
which prohibits the use of lead based paint in construction of rehabilitation or residential
structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 D.S.C.
6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant
thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 D.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;
(t) It will comply with Title VIII of the Civil Rights Act of 1968,42 D.S.C. 2000c and 42
3601-36i9, as amended, relating to non-discrimination in the sale, relJ.tal, 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 nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 D.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 D.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 D.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970,42 D.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic
Preservation Act of 1966, as amended, 16 D.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the
National Environmental Policy Act of 1969,42 D.S.C. 4321-4347;
31
(aa) ,It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 D.S.C. 469a, et seq;
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 D.S.C. 794, regarding
non-discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the
Safe Drinking Water Act of 1974,42 D.S.C. 300f-300j, regarding the protection of
underground water sources; .
(dd) It will comply with the requirements of Titles II and III ofthe Uniform Relocation
Assistance and Property Acquisition Policies Act of 1970, 42 D.S.C. 4621-4638, which
provide for fair and equitable treatment of persons displaced or whose property is acquired
as a result of Federal or federally assisted programs;
(ee) 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;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738
(violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO
12898 (Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 D.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the
Coastal Zone Management Act of 1972, 16 D.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 V.S.C. 661-666.
Uj) 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 there on.
32
3. Furnish documentation of all qualified personnel, licences and all equipment necessary
to inspect buildings located in 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 ~nd the County Health
Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by 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 Department promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required permits.
9. . Provide addresses and marked ]naps for each site where water wells or septic tahksare
to be closed along with the number of wells located on each site.
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
306 of the Clean Air Act [42 U.S.C. 1857(h)], Section 508 ofthe Clean Water Act
(33 U.S.1368), Executive Order 11738, and the U.S. Environmental Protection
Agency regulations (40 C.F.R. Part 15). This clause shall be added to any
subcontracts.
12. Provide documentation of public notices for demolition activities.
33