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11/21/2000Agreement Number: FILED FCj� RECORD AGREEMENT OI MAR 28 AM I►: Dp THIS AGREEMENT is entered into by and between the State of Fr nt of Community Affairs, with headquarters in Tallahassee, Florida (herei�Ri ,tlke "Department"), and the Monroe County (hereinafter referred to as the "Recipient THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: )WHEREAS, the Department is authorized, pursuant to the General Appropriations Act, for the State Fiscal Year 2000-2001, Specific Appropriation 1395A, to grant funds to eligible recipients under the Local Emergency Management Needs; and WHEREAS, the project(s) will be placed in facilities to be used as emergency shelter that complies with the structural considerations of ARC 4496, Guidelines for Hurricane Evacuation Shelter Selection; and WHEREAS, Recipient agrees to comply with all the requirements, terms and conditions in this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: 1. SCOPE OF WORK AND FUNDING The Recipient shall undertake and fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. Funding up to $89,774.00 shall be provided on a reimbursement basis, in accordance with the General Appropriations Act, Specific Appropriation 1395A. 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 of this Agreement. 3. PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end November 15, 2001, unless terminated earlier in accordance with the provisions of Paragraph 9. of this Agreement. Final requests for reimbursement shall be post -marked no later than thirty (30) days after the termination date of the Agreement. Any requests received after December 20, 2001 may not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. 4. MODIFICATION OF AGREEMENT: REPAYMENTS -Either parry 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 32399-2100 5. RECORD KEEPING A. All original records pertinent to this Agreement shall be retained by the Recipient for three (3) years following the date of termination of this Agreement or of 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 (3) 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 (3) years after closing of title. B. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. C. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. D. Any additional terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment C. 2 6. REPORTS A. At a minimum, the Recipient shall provide the Department with two (2) copies of all reports, two (2) copies of the Financial Report/Reimbursement Requests, and two (2) copies of the Final Programmatic and Financial close-out report. B. Reports are due to be received by the Department no later than fifteen (15) days after the end of each period outlined below and shall continue to be submitted until sub- mission of the Final close-out report. The ending dates for each period are January 31, June 30, and November 15. C. The close-out report is due thirty (30) days after termination of this Agreement or upon completion of the activities contained 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. "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. 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 A to this Agreement. 8. LIABILITY A. Unless the 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 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 3 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. AND 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; and/or 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: 1. 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 4 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; 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; or 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. 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 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. E B. The Department designates Dorann P. Loehr, Division of Emergency Management as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to her at the following address and telephone number: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850)413-9972 The technical contact for the Agreement is Danny Kilcollins. He can be reached at the address above or by telephoning (850) 413-9859. C. For the Recipient, all communications, written or oral, relating to this Agreement shall be directed to the following: Recipient's Contract Manager's Name and Address: Mr. William Wagner, Jr. Monroe County Emergency Management 490 63rd Street (Ocean) Marathon, FL 33050 305-289-6018 D. In the event that different representatives 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 Paragraph 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 such provision shall be deemed null and void to the extent of such conflict or unenforceability, 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, 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. 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. 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. 7 D. In the event that the Recipient expends a total amount of State awards (i.e., State financial assistance provided to 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 216.3491, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. 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 non -state entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by the Department as a Grant and Aid appropriation. 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 216.3491(7), Florida Statutes. This includes submission of a reporting package as defined by Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 5. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491, 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 216.3491, Florida Statutes, the cost of 0 the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 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 in accordance with 216.3491, Florida Statutes by an independent certified public accountant (IPA) 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 AND PROCUREMENT 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 within 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) 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. B. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. 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. E 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: A, B, C 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 $89,774.00 subject to the availability of funds. No advance payment is requested. B. 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, Florida Statutes, or the Florida Constitution. B. No extensions will be allowed under this Agreement. 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, Florida Statutes. E. The Department reserves the right to unilaterally cancel this Agreement for refusal 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 the 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 U.S.C. Section 1324a(e) 10 [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. STATE LOBBYING PROHIBITION No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 19. 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. IN WITNESS WHEREOF, the parties hereto have by their undersigned officials as duly authorized. RECIPIENT: Monroe County BY: Name and Title: 9r- w, f, M tV o.- Date: Alo✓k►. (ve.i t� 2wc o Federal Employer I.D. si 6 co 0 7�9 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: �0 KA,� UV Name and Title: Joseph F. Myers, Director Date: bA -W 1 -0 Q.Agreement to be executed RK APPROVED AS TO FORM A AL FFI 8 ROBERT i . E DATE Attachment A BUDGET AND SCOPE OF WORK Within thirty (30) days of the date of execution of this Agreement, but in any event no later than January 31, 2001, the Recipient shall submit a document which includes an activities time line, a list of deliverables, and a budget by category, for the approval of the Department. The above -referenced document shall address, with particularity and appropriate discussion, how the size of the generator was determined and quotes from the generator vendor(s) specifying a detailed cost breakdown. The generator -set must be capable of self-contained operation, and can not rely solely upon an off -site utility (water, fuel, etc.). The Recipient agrees to purchase a 80Kw and 20Kw generator for Coral Shores High School, an 80Kw generator for Key Largo Elementary School, and a 15Kw generator for the Disabled American Veterans Post 122 in Marathon.. The fuel tank(s) for the generator should be capable of containing sufficient fuel to provide up to 24 hours of operation. Failure to supply the above -referenced document, or disapproval of this document by the Department, may result in the denial of funding. If the Recipient succeeds in acquiring products or services for less than the budgeted amount, then it shall notify the Department and request authorization to apply the unexpended funds to the project, identifying the proposed use for the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services which will provide the same benefit as the approved project, then the Department may approve the use of the unexpended funds. Prior to disbursement of funds, a proposed means of protection for the generator from hurricane effects must be approved by the Department. Hurricane effects means severe winds, rains, flooding, lightning, windborne debris impact and storm surge. Means of protection can be plans to move the generator to a building that meets ARC 4496 guidelines, or integral protection (all weather -housing for the generator, tie wires, elevation above surge and flood waters). If an off -site location is used as the protective measure, then the generator(s) must be portable (i.e., skid-mounted,'trailer-mounted, etc.) Schedule of Payments: 1. An initial payment of twenty (20) percent will be provided to the Recipient upon execution of the Agreement, submission of an approved request for payment and submission of the above -referenced (first paragraph) document. 2. Remaining funds will be reimbursed based on actual expenses not to exceed $89, 774.00 as reported on, at most, a quarterly basis and indicated by the submission of a report required by Paragraph 6.B., and submission of an approved request for payment. 12 3. A full accounting for the expenditure of the $89,774.00 will be contained in the close-out report, which is due thirty (30) days after termination of this Agreement or upon completion of the activities contained in this Agreement. (The bottom portion of this page intentionally left blank.) 13 Attachment B PROGRAM STATUTES AND REGULATIONS 1. Chapter 252, Florida Statutes 2. Chapter 287, Florida Statutes 3. Chapter 119, Florida Statutes 4. Chapter 60A-1, Florida Administrative Code (The bottom portion of this page intentionally left blank.) 14 Attachment C EQUIPMENT AND PROPERTY MANAGEMENT If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. In the event of a disaster, the Recipient shall make available all appropriate equipment purchased through this funding for use in said emergency. 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