03/20/2002
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Cj",t;;,tiK'S ORIGINAL
Contract Number:
02-PR-70-07 -38-01-005
CFDA Number:
83.552
FEDERALLY FUNDED SUBGRANT 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 Board of County Commissioners, (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
. B. WHEREAS, the Department has received these grant funds from 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 has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the 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 June 30, 2002,
unless terminated earlier in accordance with the provisions of Paragraph (9) of this Agreement.
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(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 32399-2100
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, 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" or OMS
Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-8?, "Cost Principles for State and Local
Governments," OMS Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS 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) 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
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designee, Comptroller, or Auditor General upon request for a period of three 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 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 Attachment A, the Budget and
Scope of Work, 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.
(e) Any additional terms and conditions pertaining to recordkeeping and all terms and
conditions pertaining to property management and procurement under this Agreement are set forth in
Attachment E.
(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
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submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 31, June 30, September 30 and December 31.
(c) The close-out report is due 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). 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.
(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 C.
(7) MONITORING.
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-133, 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.
(8) LIABILITY.
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(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 to the extent provided by Section 768.28 Fla. Stat., 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 Budget, or
if any of the following events occur ("Events of Default"), all obligations on the part of the Department to
make any further payment of funds hereunder shall, if the Department so elects, terminate and the
Department may, at its option, exercise any of its remedies set forth herein, but the Department may make
any payments or parts of payments after the happening of any Events of Default without thereby waiving
the right to exercise such remedies, and without becoming liable to make any further payment:
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
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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; 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 thirty (30) calendar days prior written notice to the Recipient and upon the
Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently
or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department
from pursuing any other remedies contained herein or otherwise provided at law or in equity:
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 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;
5. Exercise any other rights or remedies which may be otherwise available under
law;
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(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) 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:
Debbie Boyette, Contract Manager
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850/413-9972
Fax: 850/488-5777
Email: debbie.bovette@dca.state.f1.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
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Ms. Irene Toner
Emergency Management Director
Monroe County
490 63rd Street
Ocean Suite 150
Marathon, Florida 33050
Telephone: 305/289-6018
Fax: 305/289-6333
Email: itoner@mail.state.f1.us
(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 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.
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(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act, 42 U.S.C.
Section 12101 et sea., if applicable, which prohibits discrimination by public and private entities on the
basis of disability in the areas of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 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, by signing this Agreement, 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, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
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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
11 (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) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, 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 of OMB Circular A-133, 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-133, as
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revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, 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 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 resources (Le., 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 of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
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 1 Olh Street
Jeffersonville, IN 47132
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Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB
Circular A-133, as revised.
(t) 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 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
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) 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.
(h) 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.
(i) 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 three years from the date
the audit report is issued, unless extended in writing by the Department.
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G) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period 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.
(I) 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.
(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 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.
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(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; Attachment A, Budget and
Scope of Work; Attachment B, Program Statutes and Regulations; Attachment C, Reports; Attachment D,
Copyright, Patent and Trademark; and Attachment E, Property Management and Procurement.
(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 $47,310.00
subject to the availability of funds.
(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, 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.
1. X No advance payment is requested.
2. An advance payment of $ is requested.
(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:
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(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) This Agreement cannot be extended without an extension of the Federal Grant from
which this Agreement is funded, and under this circumstance, this Agreement must terminate no later
than ninety (90) days prior to the termination date of the Federal Grant. Extensions must be mutually
agreed upon and shall be valid only when reduced to writing, duly signed by each of the parties hereto by
the termination date of the original Agreement, and attached to the original of 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 Section 112.061, Fla. Stat.
(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 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) [Section 274A(e) of the Immigration and Nationality Act
(UlNA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the 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.
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(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 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 31 U.S. Code Section 1352. 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.
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(19) COPYRIGHT. PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment D 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
authority to legally execute and bind Recipient to the terms of this Agreement.
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment I.
undersigned officials as duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
STATE OF FLORIDA
DEPARTMEN~T OF. COMMUNITY AFFAIRS
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BY: ~ lA-{;1
W. Craig Fugate, Director
Division of Emergezn y Management
Date: s17 ~
BY:
Name: C
Title:
Recipient
Monroe County Board of
Commissioners
Date:
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EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Emergency Management Agency (FEMA)
Emergency' Management Performance Grant
Terrorism Consequence Management Preparedness Assistance
CFDA 83.552
$47,310.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
1. Funding must be used for consequence management planning, exercise, and training activities
that will enhance the capabilities of the States and their political subdivisions to prepare for,
respond to , and recover from acts of terrorism involving weapons of mass destruction. Emphasis
is on terrorism consequence management planning activities consistent with local, State, and
Federal Response Plan concepts. Funds may be used for:
. Develop operations plans, procedures, and implementing documents for State and local
consequence management response to terrorist incidents involving weapons of mass
destruction.
Develop and conduct exercises to test existing State and/or local plans and procedures for
consequence management response to terrorist incidents involving weapons of mass
destruction, provided that exercise results and any proposed remedial actions are
documented.
Develop and deliver training for terrorism consequence management.
Funding cannot be used for:
. Weapons training or other law enforcement training that is routinely conducted by State and
local law enforcement agencies.
The purchase of equipment.
To supplant existing Federal, State, or local government funding or existing planning, training,
or exercise programs.
2. Selection of local jurisdictions located in the State of Florida is based on population size, threat
assessment, and vulnerability rating.
3. This Federal Grant period closes on September 30, 2002.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
None
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
None
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
None
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
None
NOTE: Section .400(d) of OMB 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.
18
Attachment A
Budget and Scope of Work
The Monroe County Terrorism Plan will be the guiding document for terrorist incident response,
including those involving Weapons of Mass Destruction (WMD). The document will focus
on crisis and consequence management roles of first responders, emergency management
personnel, and municipalities within Monroe County.
This plan will be an annex to our Comprehensive Emergency Management Plan, which will be
reviewed by all appropriate agencies for correctness and suggestions. All personnel involved in
response and decision-making roles during a terrorist incident will be trained and their
participation in functional and/or full-scale exercises mandated to ensure all personnel understand
the complete execution of the plan.
Following completion of this assessment, the procedures of every ESF lead agency will be
reviewed to ensure compatibility with the Sheriff's Office Plan.
Project Initiation
~roject initiation will involve the identification of key stakeholders to the Terrorism Annex
development. These stakeholders will be drawn from selected Emergency Support Functions
deemed critical to its development.
Lead Agencies for each ESF will be asked to contribute an individual to the planning process, who
will be given the authority to make mission-critical decisions during the planning process. These
key stakeholders will then be brought together for a kick-off meeting in order to introduce the
project.
Description Hours Labor Cost SUDolies*
Identify Stakeholders & Participants 8 280.00 0.00
Develop written pre-meeting brief 24 840.00 50.00
Hold initial meeting w}th stakeholders 32 1050.00 100.00
Action item completion & summary 40 1400.00 0.00
Total 104 3570.00 150.00
19
Hazard and Vulnerability Assessment
Potential hazards (weapons) and potential vulnerabilities (targets) will be identified and
documented, including investigations on the history and variety of hazards, which may present
themselves. Hazards will be classified by type to the extent possible. The vulnerability of the
community in general to the various hazards will be assessed. Based upon the resulting matrix,
potential consequences will be quantified for the "most likely" and "worst case" scenarios.
Description Hours
Labor Cost
Supolies*
Research weapon information necessary
for the planning process 16
560.00
0.00
Catalog all potential targets and rank based
upon critical factors 80
2800.00
200.00
Develop matrix of potential scenarios 24
840.00
150.00
Most likelylWorst case scenario development
for exercise execution 20
700.00
0.00
Post meeting summary and report 8
280.00
100.00
Total 148
5180.00
450.00
Annex Development
During this task, "most likely" and "worst case" scenarios developed in completing the previous
task will be presented to the key stakeholders for each ESF. A facilitated work session will be
utilized to discuss the unique roles and responsibilities for each of the ESFs during such an event.
The role of the Emergency Management Office will be to coordinate the support of remaining
County departments, to coordinate external agency support, and to operate the post attack
recovery efforts. With this in mind the CEMP annex will require an assessment of the Monroe
County Sheriffs Office operating procedures which address various situations, based on the
hazard types identified in the Hazard analysis.
Description Hours Labor Cost Supplies*
Annex development preparation 32 1120.00 50.00
Roles and responsibilities workshop 80 2800.00 1 00.00
Development of resource availability and
resource void matrix 80 2800.00 0.00
Resource void matrix completion and
20
summary 24 840.00 000
Annex Development (continued)
Description Hours Labor Cost Supolies*
Assembly and completion of the Annex 80 2800.00 200.00
Total 296 10,360.00 350.00
Exercise and Evaluation
The Monroe County Terrorism Task Force team will develop and conduct a functional or full-scale
exercise that will require the implementation of Monroe County Sheriff's Office procedures and
various ESFs. The exercise will be monitored and evaluated to provide feedback on the newly
developed Terrorism Plan. Results of the exercise evaluation and lessons learned will be
incorporated into the terrorism annex.
Initial participants meeting
Hours Labor Cost Supplies*
40 1400.00 100.00
40 1400.00 50.00
40 1400.00 0.00
40 1400.00 50.00
40 1400.00 50.00
Description
Design and development
Identification of resource needs (i.e.,
location, victi'ms, logistical support, etc.)
Mid-point exercise design meeting
Final exercise design meeting
Exercise and evaluation (back-fill resources
and overtime for approximately 50 personnel
@ 8 hours) 400
14,000.00
3,000.00
Documentation and publication of post
exercise analysis 80
2.800.00
200.00
Total 680
23,800.00
3,450.00
Sub-total cost estimate
42,910.00
4,400.00
TOTAL PROJECT COST ESTIMATE
$ 47,310.00
21
Attachment B
Program Statutes and Regulations
1. Funding must be used for consequence management planning, exercise, and training activities that will
enhance the capabilities of the States and their political subdivisions to prepare for, respond to , and
recover from acts of terrorism involving weapons of mass destruction. Emphasis is on terrorism
consequence management planning activities consistent with local, State, and Federal Response Plan
concepts. Funds may be used for:
· Develop operations plans, procedures, and implementing documents for State and local
consequence management response to terrorist incidents involving weapons of mass destruction.
Develop and conduct exercises to test existing State and/or local plans and procedures for
consequence management response to terrorist incidents involving weapons of mass destruction,
provided that exercise results and any proposed remedial actions are documented.
Develop and deliver training for terrorism consequence management.
Funding cannot be used for:
Weapons training or other law enforcement training that is routinely conducted by State and local
law enforcement agencies.
The purchase of equipment.
To supplant existing Federal, State, or local government funding or existing planning, training, or
exercise programs.
2. Selection of local jurisdictions located in the State of Florida is based on population size, threat
assessment, and vulnerability rating.
3. This Federal Grant period closes on September 30,2002.
4. MANDATORY REQUIREMENTS
The local terrorist incident response annex to your local comprehensive emergency management plan
must meet the criteria as defined in Part 1 - Local Comprehensive Emeroencv Manaoement Plan
Compliance Criteria and Rule 9G-6 REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS.
These can be found by visiting www.f1oridadisaster.oro. Simply click the link Local Comprehensive
Emeroencv Manaoement Plan Compliance Criteria at the bottom of the page.
SUGGESTED GUIDELINES
Additionally, the following three documents are available to serve as guidelines in the development of a
terrorism annex:
. CONOPS
· Terrorism Incident Response Annex to the State CEMP
· Sample: Local Terorism Incident Response Annex to a City or County CEMP
These documents can be located by visiting www.f1oridadisaster.orO.c1ick the Site Index link on the top
left-hand corner of the page. Click on Terrorism.
22
Attachment C-1
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Quarterly Progress Report
County:
Monroe
Quarter Reporting:
First
Grantee: Monroe County BOCC
Second
Agreement #:
02-PR-70-07 -38-01-005
Third
Date Report Submitted:
Fourth
Scope of Work Category/Item
Quarter
In Which
Completed
Status
1. 1 sl
2. 1 sl
3. 1 sl
4.
Quarterly status reporting comments should be
thorough and include, but not be limited to, a
discussion of significant events or milestones (both
success and problems), circumstances affecting
completion dates, and any special issues which
should be reported on.
23
Attachment C-2
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Final Report
County: Monroe
Grantee: Monroe County BOCC
Agreement #:
02-PR-70-07 -38-01-005
Agreement Amount:
Agreement Period:
$47,310.00
DOE - 6/30/02
Date Report Submitted:
Funds Received Under ThisiAgreement
Date Invoice Number Amount
Total
Agreement Amount
Less Total Funds Received Under This Agreement
Balance of Agreement
I hereby certify that the above costs are true and valid costs incurred in accordance with the project
Agreement.
Signed:
Contract Manager or Financial Officer
Date:
24
Attachment C-3
Invoice Number:
Financial Report/Reimbursement Request
Monroe County Board of County Commissioners
02-PR-70-07 -38-01-005
To:
Florida Department of Community Affairs
Division of Emergency Management
Date Prepared:
From:
Work Completed: (paraphrase the information provided on the Quarterly Report)
Total Contract Award $
Amount of this Invoice $
Amount remaining on Contract $
Original Signature Date
FEID Number
**TO BE COMPLETED BY DEPARTMENT**
Date Invoice Received:
Date Project Received:
Date Project Reviewed:
Date Project Approved:
Contract Manager
Date
25
Attachment 0
Copyright, Patent and Trademark
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of 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 of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise 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 performance of the Agreement.
26
Attachment E
Property Management and Procurement
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.
27