Item C13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 15, 2003
Bulk Item: Yes x No
Division: Community Services
Department: Community Services
AGENDA ITEM WORDING: Approval of Modification #2 to Unmet Needs Grant
Agreement between Monroe County and Florida Department of Community Affairs (DCA) to
extend the Agreement date to December 31, 2003.
ITEM BACKGROUND: In the aftermath of Hurricane Georges, the need for additional
mobile generators and associated equipment for use during disasters and emergencies was
recognized, and an application was submitted by the County to FEMA for unmet needs funding.
PREVIOUS RELEVANT BOCC ACTION: 11/21/00 —Original Agreement approved.
12/ 19/01 —Modification # I approved.
CONTRACT/AGREEMENT CHANGES: Paragraph (3) of the Agreement is hereby deleted in its
entirety. The addition of the following to be added — This Agreement shall begin January 18, 2001 and
shall end December 31. 2003, unless terminated earlier in accordance with the provisions of paragraph (9)
of this Agreement.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: n/a
COST TO COUNTY: n/a
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty. x
BUDGETED: Yes n/a No
AMOUNT PER MONTH YEAR
OMB/Purchasing x Risk Management x
DIVISION DIRECTOR APPROVAL: -
Jim Malloch, Division Director
DOCUMENTATION: Included: x To Follow: Not Required:
DISPOSITION:
AGENDA ITEM#_�'
r
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dept. Comm. Affairs Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of Modification #2 to Unmet Needs Grant Agreement between Monroe
County and Florida Department of Community Affairs (DCA) to extend the Agreement
date to December 31, 2003,
Contract Manager: Jim Malloch 4500 Community Services / #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/15/03 Agenda Deadline: 9/30/03
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Codes: - - -
Grant: $ - - -
County Match: $ - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance. utilities. janitoria
CONTRACT REVIEW
Changes
Date In
Division Director /
Needed
Yes❑ No❑�
Risk Management 3
Yes❑ No[�
O.M.B./Purchasing
Yes❑ No❑''
County Attorney I d r
Yes❑ No❑
I Comments:
salaries. etc.)
Date Out
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"
JEB BUSH COLLEEN CASTILLE
Governor Secretary
September 2, 2003
Mr. James Malloch
Director of Community Services
Monroe County
1100 Simonton Street
Key West, Florida 33040
Re: FEMA 1249-30 Project
Monroe County Mobile Generators Project
Dear Mr. Malloch:
Enclosed are four copies of the proposed modification agreement between Monroe
County and the Department of Community Affairs (DCA). The official representative, as listed
below, will need to sign the signature page of each modification. All four (4) copies of the
modification should then be sent to DCA for full execution no later than ninety (90) days after
receipt of this letter. One fully executed modification will be returned to Monroe County for its
files.
Official Representatives:
County: Chairman of the Board of Commissioners
City: Mayor
Indian Tribe: Chief or President
Water Management District: Chairman
Non -Profit: Chairman of the Board
If there is an official that is not listed above who is authorized to sign the modifications
for your organization, please provide a copy of the organization's resolution or charter that
specifically identifies the person or position that is authorized to sign.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING 8. COMMUNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050-2227 Tallahassee. FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(305)289-2402 (850)488-2356 (850)413-9969 (850)488-7956
Mr. James Malloch
September 2, 2003
Page Two
If you have questions regarding this modification or who is authorized to sign it, please
call Karen Krejci at 850/922-5915.
Respectfully,
W. Craig Fugate, Director
Division of Emergency Management
WCF:kkf
Enclosures
AGREEMENT 01 UN-6P-11-54-15-007
PROJECT # 1249-30
MODIFICATION #2 TO UNMET NEEDS GRANT AGREEMENT
This Modification Number Two is made and entered into by and between the Florida
Department of Community Affairs ("the Department") and Monroe County ("the Recipient") to
reinstate and extend the agreement between them dated January 18, 2001 and numbered DCA
Contract No. 01UN-6P-11-54-15-007 ("the Agreement).
WHEREAS, the Agreement expired Januaryl8, 2003 and
WHEREAS, the parties desire to reinstate and extend the Agreement to December 31, 2003
in order for the Recipient to complete the Scope of Work, as set forth in Attachment A.
NOW, THEREFORE, the parties agree to reinstate, extend and modify the above referenced
Agreement as follows:
Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following
paragraph substituted in its place and stead for all intents and purposes:
This Agreement shall begin January 18, 2001 and shall end December 31, 2003,
unless terminated earlier in accordance with the provisions of paragraph (9) of this
Agreement.
2. Except as modified herein, all other provisions of the Agreement shall stay in full force
and effect.
IN WITNESS WHEREOF, the parties, have caused this Modification to be executed by
their duly authorized undersigned officials on the dates set forth below.
RECIPIENT
BY: MONROE COUNTY
Name and Title:
Date:
DEPARTMENT OF COMMUNITY AFFAIRS
MONROE COUNTY ATTORNEY
PROVED AS TO FO -
SUZAN E UTTON
ASSISTANT UNT ATTORNEY
Gate_
Name and Title: W. Craig Fugate, Director, Division of Emergency Management
Date:
09/16/2003 10:01 3052953663 CLERK OF COURT PAGE 01
riunrue %,uuwiy %.e b vri6l11a1
MODIFICATION NUMBER ONE
TO
HAZARD MITIGATION GRANT AGREEMENT
NUMBER 01UN-0-11-54-15-007
WHEREAS, Monooe County (hereinafter "Recipient") and the Department of Community
Affairs, Division of Emergency Management (hereinafter "the Department") have entered into a
Hazard Mitigation Grant Agreement (number 0IUN-6P-11-54-15-007; hereinafter "Agreement")
for the purpose of distributing federal funds for hazard mitigation activities resulting from
Hurricane Georges, FEMA-DR-1249-FL
WHEREAS, the parties desire to modify the Agreement to modify the Scope of Work.
NOW, THEREFORE, the above -referenced Agreement is hereby modified as follows:
Attachment A, section (1), Funding Summary is hereby modified and Revised
Attachment A, section (1), added. A copy of Revised Attachment A, section (1), is
incorporated herein.
Revised Attachment A
Budget and Scope of Work
The Subgrantee, Monroe County, in the aftermath of Hurricane Georges determined that
the need existed for additional mobile generators to provide emergency power to disaster
shelters and relief centers as well as County buildings to keep offices and services functional.
The County will purchase seven (7) mobile generators of various sizes, and pre -wire certain
buildings for generator use. Some will be placed at shelters and other locations where it would
be expected they would be used. Due to their mobility, these generators would be stored in safe
positions at each location and moved into operation as conditions permit. Additionally, they
could be moved to other sites if needed. The County will also purchase a "Load Bank" which
will permit testing and maintenance without connection to a building electrical unit. Also, the
County will add three additional permanently installed generators with associated equipment to
enable Monroe County to establish Disaster Recovery Centers at the following mile markers;
31.3, 89.5 and 105.5.
This is FEMA Unmet Needs project 1249-30.
otal Fundin¢ Summary for the Project:
Federal Share:
$ 297,000.00
State Share:
$ 49,500.00
Local Match:
$ 49,500.00
Project Cost:
$ 396,000.00
09/16/2003 10:01 3052953663 CLERK OF COURT PAGE 02
Funding Modification Summary Total Cost
Federal Share: $ 161,250.00
State Share: $ 26,875.00
Local Match: L 26_875.00
Project Cost: $ 215,000.00
Breakdown of Totals:
Mile Marker 31.3 "
Federal Share: $ 67,500.00
State Share: $ 11,250.00
Local Match: $ 11,250.00
Project Cost: $ 90,000.00
Mile Marker 89.5
Federal Share:
$ 56,250.00
State Share:
$ 9,375.00
Local Match:
$ 9,375.00
Project Cost:
$ 75,000.00
Mile Marker 105.5
Federal Share:
$ 37,500.00
State Share:
$ 6,250.00
Local Match:
$ 6,250.00
Project Cost:
$ 50,000.00
This is FEMA project 1249-30.
FUNDING SUMMARY
Federal Share $135,750.00 (75.0%)
State Share: $ 22,625.00 (12.5%)
Local Match: $ 22,625.00 (12.5%)
Total Project Cost: $181,000.00
Except as modified herein, all other provisions of the Agreement shall stay in full force
and effect.
2
09/16/2003 10:01 3052953663 CLERK OF COURT PAGE U3
h1 WITNESS WHEREOF, the parties have caused this Modification to be executed by
their duly authorized undersigned officials on the dates set forth below,
MONROE COUNTY
BY
Ckarlees �SeM✓► ' Mr-e� M4 tEET
Name and Title: `-•.1';�
Date: !Q tao� ram• , a r
DEPARTMENT OF COMMUNITY AFFAIRS Y L EoLER
Name and Title: W. Cra` tg Fugate, Director, Division of Emergency Management
Date:
O
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all-
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11-
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3
APPROVED
A As T� �URM
B
R ER7 N
CLERK'S ORIGINAL
Contract Number:01UN-6P-11-54-15-007
CFDA Number: 83.548
DISASTER RELIEF FUNDING AGREEMENT
This Agreement is between the State of Florida, Department of Community Affairs (the
"Department"), and Monroe County (the "Recipient"). This Agreement is based on the existence
of the following conditions:
Hurricane Georges had a devastating impact upon the State of Florida.
The severity of the damage and losses resulted in a declaration of emergency by the
Governor in Executive Order 98-232.
In consequence of Hurricane Georges, the President of the United States declared
Hurricane Georges a major emergency in FEMA-1249-DR-FL, Monroe County.
The Agreement between the State of Florida and the Federal Emergency Management
Agency (the "Agency") governing the use of such funds requires the State to share the costs
eligible for federal financial assistance, and the State has undertaken to share those costs with its
Subgrantees.
Chapter 00-166, Fla. Laws, in Specific Appropriations 1249-Georges-1406L appropriates
funds for Hurricane Georges.
Under the Emergency Management Act, as amended, the Department has authority to
administer federal financial assistance from the Agency consequent to a presidential declaration
of disaster.
Based upon the existence of the foregoing conditions, the parties agree to the following:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end twenty-four
(24) months from the date of execution, unless terminated earlier in accordance with the
provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to
the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee. FL 323 99-2 100
In accordance with § 215.34(2), Fla. Stat., 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.
(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-110,
"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.
(b) All original records pertinent to this Agreement shall be retained by the Recipient
for three years following the date of termination of this Agreement or of
2
submission of the final close-out report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three
year period and extends beyond the three year period, the records will be
maintained until all litigation, claims or audit findings involving the
records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for three years
after final disposition.
3. Records relating to real property acquisition shall be retained for three
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 and Scope of Work - Attachment A - and all other applicable laws and
regulations.
(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 March 30, June 30,
September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities conttined in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department
may withhold further payments until they are completed or may take such other
action as set forth in paragraph (9). The Department may terminate the
3
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.
(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 G.
(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 is being accomplished
within specified time periods, and other performance goals are being achieved. Such
review shall be made for each function or activity set forth in Attachment A to this
Agreement.
(8) LIABILITY.
(a) Unless 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,
Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or
tortious acts which result in claims or suits against the Department, and agrees to
be liable for any damages proximately caused by said acts or omissions. Nothing
herein is intended to serve as a waiver of sovereign immunity by any Recipient to
which sovereign immunity applies. Nothing herein shall be construed as consent
by a state agency or subdivision of the State of Florida to be sued by third parties
in --any matter arising out of any contract.
(9) DEFAULT,• REMEDIES: 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
4
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 and Scope of Work attached
hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise any one or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one of the following
remedies shall not preclude the Department from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
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 (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
5
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited
to, requesting additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
issuing a written warning to advise that more serious measures may be
taken if the situation is not corrected, advising the Recipient to suspend,
discontinue or refrain from incurring costs for any activities in question or
requiring the Recipient to reimburse the Department for the amount of
costs incurred for any items determined to be ineligible;
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, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter, 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice
of administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved 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 pu'rsuant 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.
9
(b) The name and address of the Department contract manager for this Agreement is:
Mr. Miles Anderson, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 922-4442
Fax: (850) 922-1259
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. James Malloch, Assistant Administrator
Monroe County Board of County Commissioners
3583 South Roosevelt Boulevard
Key West, Florida 33040
Telephone: (305) 292-4562
Fax: (305) 292-4544
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of
the new representative will be rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient
in this Agreement, in any subsequent submission or response to Department
request, or in any submission or response to fulfill the requirements of this
Agreement, and such information, representations, and materials are incorporated
by reference. The lack of accuracy thereof or any material changes shall, at the
option of the Department and with thirty (30) days written notice to the Recipient,
cause the termination of this Agreement and the release of the Department from
all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If
any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then sgch 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.
7
(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, any one 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 seg. , if applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas
of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of Category Two for a period of
36 months, from the date of being placed on the convicted vendor or
discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this agreement from the federal government, the
Recipient certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
2. have not, within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
a
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any
offenses enumerated in paragraph 1 l(g)2. of this certification; and
4. have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this agreement.
(12) AUDIT REQUIREMENTS.
(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) 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 of OMB Circular A-133, as revised. EXHIBIT
1 to this agreement indicates Federal funds awarded through the Department by
this agreement. In determining the Federal awards expended in its fiscal year, the
Re-cipient shall consider all sources of Federal awards, including Federal funds
received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB
Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions OMB Circular A-133, as revised, will
meet the requirements of this part.
In connection with the above audit requirements, the Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133, 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 of OMB Circular A-133, 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 of
OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal
funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from
other than Federal entities).
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.
Copies of audit reports for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above shall
be submitted, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient directly to each of the following:
(a), The Department at each of the following address:
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
(b) 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
10
submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass -through entities in accordance
with Sections .320 (e) and (f), OMB Circular A-133, as revised.
4. Pursuant to Section .320(f), OMB Circular A-133, as revised, the
Recipient shall submit a copy of the reporting package described in
Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department at the following program
address:
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100 "
(e) In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of
this Agreement, the Recipient shall be held liable for reimbursement to the
Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the
Department has notified the Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this contract for a
period of three years after the date of submission of the final expenditures
report. However, if litigation or an audit has been initiated prior to the
expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
(g}- The Recipient shall have all audits completed by an independent certified
public accountant (IPA) who shall either be a certified public accountant
or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit Complied with the applicable provisions noted
above.
11
(h) The audit is due seven (7) months after the end of the fiscal year of
Recipient or by the date the audit report is issued by the state Auditor
General, whichever is later.
(i) An audit performed by the State Auditor General shall be deemed to
satisfy the above audit requirements.
(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 harmless against all claims
of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
(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:
Attachment A
Budget and Scope of Work
Attachment B
Program Statutes and Regulations
Attachment C
Copyright, Patent, and Trademark
Attachment D
Statement of Assurances
Attachment E
Request for Advance or Reimbursement Form
Attachment F
Summary of Documentation
Attachment G
Quarterly Report Form
12
(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 the amounts listed in Attachment A, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181(15), Florida
Statutes. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months, based upon the funds
being equally disbursed throughout the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-
110, 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 F.
Attachment F will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
(c) 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 the Budget
and Scope of Work, Attachment A of this Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature,
and subject to any modification in accordance with Chapter 216, Fla. Stat.
or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be
renewed on a yearly basis for a period of up to two (2) years after the
initial agreement or for a period no longer than the term of the original
agreement, whichever period is longer, specifying the terms under which
the cost may change as determined in the invitation to bid, request for
proposals, or pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel
expenses shall be submitted in accordance with s. 112.061, Fla. Stat.
13
(e) 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, Fla. Stat., 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 retarned 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
U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INA")]. The Department shall consider the employment
by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
(18) 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
14
this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit 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
agreements) and 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.
If applicable to this Agreement, refer to Attachment C for terms and conditions relating to
copyrights, patents and trademarks.
(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 D.
15
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient:
MONROE COUNTY
Name and ti
Date:%J z-r L.eo
FEID#
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Titl%&seph F. Mvers, Director'. D:
16
ement
Attachment A
Budget and Scope of Work
The Subgrantee, Monroe County, in the aftermath of Hurricane Georges
determined that the need existed for additional mobile generators to provide emergency
power to post disaster shelters and relief centers as well as County buildings to keep
offices and services functional. The County will purchase seven (7) mobile generators of
various sizes, and pre -wire certain buildings for generator use. Some will be placed at
shelters and other locations where it would be expected they would be used. Due to their
mobility these generators would be stored in safe positions at each location and moved
into operation as conditions permit. Additionally they could be moved to other sites if
needed. The County will also purchase a "Load Bank" which will permit testing and
maintenance without connection to a building electrical circuit.
This is FEMA Unmet Needs project 1249-30 Mobile Generators
Funding Summary:
Federal Share: $ 135,750.00
State Share: $ 22,625.00
Local Match: $ 22,625.00
Project Cost: $ 181,000.00
A-1