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01/16/2002 Monroe County Clerk's Or inal MODIFICATION NUMBER ONE TO HAZARD MITIGATION GRANT AGREEMENT NUMBER OlHM-4L-1l-54-15-022 WHEREAS, Monroe 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 01HM-4L-11-54-15-022; 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 delete the following language provided by the Department. NOW, THEREFORE, the above-referenced Agreement is hereby modified as follows: 1, Paragraph (11), section (f) ofthe Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: (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. 2. Paragraph (12), ofthe Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: (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 of8:00 a.m. to 5:00 p,m., local time, Monday 1 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 I to this agreement indicates Federal funds 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 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-I33, 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 ofOMB 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 ofOMB 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 audif 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. Copies of audit reports for audits conducted in accordance with OMB Circular A-I33, 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 directlv to each of the following: 2 (a) 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 State of I:lorida Auditor General Attn: Ted 1. 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 submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised, 4. Pursuant to Section .320(t), 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 3 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 (IP A) 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. (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. 3. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect. Name and Title: C ~/; ~/ -z-. \ ~,,'~ ,.~ DEPARTMENT ~~ COMMUNITY AFFAIRS ~"o" <0". BY: ~V lA.-.- U~ Date: r....:> :.~ , :5 IN 'YlTNESS 'YI1EREOF? the parties have caused this Modification to be exe~t~bY ~ir duly authonzed undersIgned offiCIals on the dates set forth below. a~:';:: ~ f""1;x-" n' r- an 0' CiJ~,;, z. c, -0 ~ ,..... :< ~ :.t: :x 'l> _ .." CJ ~ rr1 U1 OJ '"T'J I rr1 CJ ." o ::0 ::0 rr1 ("") o ::0 CJ BY: Name and Title: W, Craig Fugate, Director, Division of Emergency Management Date: 4 [ ""?v{Lcrz-- 4 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 83.548 Amount of Federal Funding: $122,704.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: $19,757.00 MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 83.548 Amount of Federal Funding: $122,704.00 SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Awarding Agency: CSF A Title: CSFA Number: Amount: Department of Community Affairs Hazard Mitigation Grant Program N/A $19,757.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. NOTE: Section .400(d) ofOMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.