11/09/1999
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FflED FOR RECORD
00 JAN 12 PH~: 32
DANNY L. KO~fT AGREEMENT
ClK. elR. C:
MONROE COUNTY,';:...~.
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and MONROE COUNTY, (hereinafter referred to as the "County").
Contract Number: OOCP-05-11-54-01-044
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes.
and Rule Chapter 9G-19, Florida Administrative Code. to disburse funds for emergency
management grants to counties; and
WHEREAS, the County is eligible to receive said funds and agrees to comply with all the
requirements of this Agreement and Rule Chapter 9G-19, Florida Administrative Code.
NOW, THEREFORE, the Department and the County do mutually agree as follows:
I. SCOPE OF WORK AND FUNDING
The County shall fully perform the obligations in accordance with the Scope of Work,
Attachments A and A-I of this Agreement. Funding for performance of the Scope of Work
shall be provided in accordance with Attachment F.
II. INCORPORA nON OF LAWS. RULES. REGULA nONS AND POLICIES
Both the County 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.
m. PERIOD OF AGREEMENT
This Agreement shall begin October 1, 1999 and shall end September 30, 2000, unless
terminated earlier in accordance with the provisions of Paragraphs VII. or IX. of this
Agreement. All requests for reimbursement must be submitted within 30 days after the
termination date of the Agreement. No reimbursement requests received after
November 1, 2000 be reimbursed from this Agreement. Reimbursement requests
shall not be submitted by facsimile transmission.
IV. MODIFICA nON OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be effective only when reduced to writing, duly signed by
each of the parties hereto, and attached to the original of this Agreement. No change to the
terms and conditions of this Agreement, including the Scope of Work, shall be effective
until filed and approved in accordance with the provisions in Attachment A. However,
changes to the amount of funding to be provided may be accomplished by notice from the
Department to the County, in the form of certified mail, return receipt requested. The
Department may make an award of additional funds by subsequent A ward Letter certified
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mail, return receipt requested, to the County's contact identified in paragraph VITI, below.
Should the County determine it does not wish to accept the award of additional funds,
then the County shall provide notice to the Department contact within thirty (30) days of
receipt of the Award Letter. Otherwise, the County shall provide to the Department its
written notice of acceptance within forty-five (45) days of receipt of the Award Letter.
The terms of this Agreement shall be.considered to have been modified to include the
additional funds upon receipt of the written notice of acceptance.
V. MONITORING
The County shall constantly monitor its performance under this Agreement to ensure that
time schedules are being met, the Scope" of Work is being accomplished 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, and reported in accordance with
Attachment D. Records of such activities Shall be created and retained in accordance with
Attachment C.
VI. LIABILITY
The County shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this Agreerilent. For pmposes of this Agreement, the County agrees that it is not an
employee or agent of the Department.
VII. NONCOMPLIANCE. REMEDIES. AND TERMINATION
A. If a County fails to comply with any term or condition applicable to an award under
Rule Chapter 9G-19 or any term or condition including, but not limited to, federal
and state laws, agreements, rules and regulations, applicable to any other funding for
the County 8dministered by the Division, then the Department shall take one or
more of the following actions, as indicated by the attendant circumstances:
1. temporarily withhold cash payments, pending correction of the deficiency, or
more severe enforcement action;
2. disallow all or part of the cost of the activity or action not in compliance;
3. suspend or terminate the award;
4. disallow future participation in the program or funding provided under this
rule chapter; .
5. recover all funds provided under the current award.
B." Costs of the County resulting from obligations "incurred by the County during
suspension or after termination of an award are not allowal>le unless the Department
expresslyalithorizes them in the notice of suspension or termination, or
subsequently authorizes them in writing. Other County costs during suspension or
after termination which are necessary and not reasonably avoidable may, in the sole
discretion of the Department, be allowable if:
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1. the costs result from obligations which were properly incurred by the County
before the effective date of the suspension or termination, are not in
anticipation of the suspension or termination, and, in the case of termination,
are not cancelable, and
2. the costs would be allowable if the award were not suspended or expired
normally at the end of the period in which the termination occurs.
C. Counties with terminated grants shall remain obligated to provide all required
closeout information.
D. In the event that any audit determines that costs reimbursed or otherwise fimded
under this Agreement should be disallowed, then the County shall return those
disallowed funds to the Department In the alternative, the Department may, in its
sole discretion, offset the disallowed amount against any current or future awards to
the County from any other grant agreement or contract with the County administered
by the Department
E. Actions taken for noncompliance constitute final Department action under Chapter
120, Florida Statutes, as amended. Notification of such actions shall include notice
of administrative hearing rights and time frames.
F. The County shall return funds to the Department if found in non-compliance with
laws, rules, or regulations governing the use of the funds or this Agreement.
G. This Agreement may be terminated by the written mutual consent of the parties.
vrn. NOTICE AND CONTACT
A. The Department designates Edgar W. Gones~ Planning Manager, Division of
Emergency Management, as the Department's Contract Manager. All
communications, written or oral, relating to this Agreement shall be directed
to him at the following address:
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulev3.rd
Tallahassee, Florida 32399-2100
E-Mail-edgar.gonesh@dca.state.fl.us
B. The signer of this Agreement or his/her designee shall be the County's Contract
Manager. All communications, written or oral, relating to this Agreement shall be
directed tohim/her at the following address:
IREl\l E ThN eP... ,1) l-R.&.-mR
~O~l:5~~' ~t.~~ ~~ 151'>
M~-rnoN. P. L 7)~050
" Telephone #: (3D5) :z.e<9 CoOl8
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c.
All payments relating to this ~ent shall be mailed to the following address:
~~iNS ~e~;~ ~Zi'
D.
In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title, address and telephone
number of the new representative will be rendered as provided in Paragraph VITI.
A and B above.
IX. 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 County, 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 County, cause the
termination of this Agreement and the release of the Department from all its
obligations to the County.
B. This Agreement shall be cons1rued 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 County 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 County. Any power of approval or disapproval granted to
the Department under the terms of this Agreement shall survive the terms and life of
this Agreement as a whole.
D. The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
X. AUDIT REOUIREMENTS
A. The County 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 homs of8:00 a.m. to 5:00 p.m., local time, Monday through
Friday.
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C. County 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. The County shall submit an Audit of Agreement Compliance to the Department as
provided herein. If the County receives or expends $300,000 or more in Federal
awards in its fiscal year, then the County shall conduct an audit performed by an
independent Certified Public Accountant or other entity independent of the county in
accordance with the standards of the Comptroller General as specified in the
General Accounting Office Standards for Audit of Governmental Organizations,
Programs, Activities and FUnctions, and generally accepted auditing standards
established by the American Institute of Certified Public Accowrtants. The
Agreement number of this grant must be identified with the audit submitted. Such
audit shall also comply with the requirements of Sections 11.45,216.349, and
216.3491, Florida Statutes and Chapter 10.550, Rules of the Auditor General, and,
to the extent applicable, the Single Audit Act of 1984, as amended, 31 USC 7501 .
through 7507, OMB Circular A-87 and OMB Circular A-l33, as revised June 24,
1997, or thereafter. If the County receives or 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 is not required, but an audit may otherwise be required under
Section 216.3491, Florida Statutes, and rules adopted pursuant thereto.
1. The audit report shall include all management letters and the County's
response to all findings, including corrective actions to be taken.
2. The audit report shall include a schedule of finandal assistance specifically
identifying all Agreement and grant revenue by sponsoring Department and
Agreement number.
3. The complete financial audit report, including all items specified herein,
shall be sent directly to:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
E. In the event the audit shows that the entire ftmds, or any portion thereof, were not
spent in accordance with the conditions of this Agreement, the County shall be held
liable for reimbursement to the Department of all ftmds not spent in accordance with
these applicable regulations and Agreement provisions within thirty (30) days after
the Department has notified the County of such non-compliance.
F. The COl.mty shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement 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 County shall have all audits completed by an Independent Certified Public
Accountant (ICP A) who shall either be a certified public accountant or a public
accountant licensed under Chapter 473, Florida Statutes. The ICP A shall state that
the audit complied with the applicable provisions noted above.
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H. The audit will be submitted no later than April 30, 2001.
I. The Department may require the County to undertake such further or additional
audits as determined necessary or appropriate including, but not limited to, past and
current organization-wide audits. Such audits may be necessary to determine the
adequacy, accuracy, and reliability of the County's internal controls, fiscal data, and
management systems established to safeguard the County's assets and to ensure
compliance with this Agreement
J. Iftbis Agreement is closed out without an audit, the Department reserves the right to
recover any disallowed costs identified in an audit after such close-out.
XI. SUBCONTRACTS AND PROCUREMENT
A. If the County subcontracts any or an of the work required under this Agreement, the
County agrees to include in the subcontract that the subcontractor is bound by the
terms and conditions of this Agreement with the Department.
B. The County agrees to include in the subcontract a provision that the subcontractor
shall hold the Department and County 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.
See Attachment E for any additional tenns and conditions pertaining to subcontracts.
XII. TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
XIII. 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.
XIV. STANDARD CONDmONS
The County 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.
B. If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and
shall be subject to the same terms and conditions set forth in the initial Agreement.
There shall be only one extension of the Agreement unless the failure to meet the
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criteria set forth in the Agreement for completion of the Agreement is due to events
beyond the control of the County.
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
by the County 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 County in conjunction with the Agreement.
F. 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 D.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.
G. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime 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 list.
XV. STATE LOBBYING PROHIBmON
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 Department.
XVI. LEGAL AUTHORIZATION
The County 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 County also certifies
that the undersigned possesses the authority to legally execute and bind County to the terms
of this Agreement
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XVII. EQUIPMENT AND PROPERTY MANAGEMENT
The County acknowledges the completed installation of a Hughes Network Systems, Inc.,
Personal Earth Station@ and related equipment (hereinafter "the Equipmenf').
The County acknowledges and agrees to comply with applicable terms and conditions of:
(1) the State of Florida LeaseJPurchase Agreement, dated October 1994, executed between
Hughes Network Systems, Inc. ("HNS''), and the Department, (a copy of which is available
from the Department) regarding the procurement and use of the Equipment; and (2) the
Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated
January 1995, (a copy of which is available from the Department) (hereinafter, collectively,
"the HNS Agreements") regarding the operation of an interactive satellite communications
service for the Department, the County and other sites. In particular, the County agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and any
requests for repairs, service, maintenance or the like, shall be communicated directly
and exclusively to the Departmenfs State. Warning Point (SWP) (904) 413-9910.
B. That the County will assist and comply with the instructions of the SWP and any
technical service representative responding to the report or service request. County
personnel shall cooperate with and assist service representatives, as required, for
installation, troubleshooting and fault isolation, with adequate staff. .
C. That the County shall not change, modify, deinstall, relocate, remove or alter the
Equipment, accessories, attachments and related items without the express written
approval of the Department.
D. That the County shall provide access,' subject to reasonable secmity restrictions, to
the Equipment and related areas and locations of the County's facilities and
premises, and will a.mmge permitted access to areas of third-party facilities and
premises for the purpose of inspecting the Equipment and performing work related
to the Equipment. Service representatives and others performing said work shall
comply with the County's reasonable rules and regulations for access, provided the
Department is promptly furnished with a copy after execution of this Agreement.
The County shall provide safe access to the Equipment and will maintain the
environment where the Equipment is located in a safe and secure condition. The
County shall provide service representatives with access to electrical power, water
and other utilities, as well as telephone access to the County facility as required for
efficient service.
E. That the County shall take reasonable steps to secure the Equipment and to protect
the Equipment from damage, theft, loss and other hazards. This shall not obligate
the County to procure insurance. The Department agrees to procure and maintain all
risks insurance coverage on the Equipment. The County agrees to refrain from using
or dealing with the Equipment in any manner which is inconsistent with the HNS
Agreements, any policy of insurance referred to in the HNS Agreements, any
applicable laws, codes ordinances or regulations. The County shall not allow the
Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal
wear and tear resulting from its intended use. The County shall immediately report
any damage, loss, trouble, service interruption, accident or other problem related to
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the Equipment to the SWP, and shall comply with reasonable instructions issued
thereafter.
F. That any software supplied in connection with the use or installation of the
equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or
HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said
software is subject to a license granted from HNS to the Department, and a
sublicense from the Department to the County, to use the software solely in the
operation of the Equipment, to commence on delivery of the software to the County
and to last for the term of the HNS Agreements. The County shall not: (i) copy or
duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii)
create or attempt to create, or permit others to create or attempt to create, by reverse
engineering or otherwise, the somce programs or any part thereof from the object
programs or from other information provided in connection with the Equipment
The County shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or
license the software to any third party.
G. To comply with these provisions until the termination of the HNS Agreements.
H. The amounts retained for the satellite service cover the initial order for services
provided to the Department pursuant to the services agreement between Hughes
Network Systems and the State of Florida. The charge does not cover maintenance,
repair, additional equipment and other services not part of the initial order for
services. The service charge covers only the remote corrective maintenance
specified in paragraph 4.3 of the Service Agreement with HNS and does not cover
other maintenance, repair, additional equipment and other services
not part of the initial order for services. In particular, the service charge does not
cover:
1. Maintenance, repair, or replacement of parts damaged or lost through
catastrophe, accident, lightning, theft, misuse, fault or negligence of the
County or causes external to the Equipment, such as, but not limited to,
failure of, or faulty, electrical power or air conditioning, operator error,
failure or malfunction of data communication Equipment not provided to the
County by the Department under this Agreement, or from any Cause other
than intended and ordinary use.
2. Changes, modifications, or alterations in or to the Equipment other than
approved upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the Equipment or any accessories,
attachments or other devices.
The County shall be independently responsible for any and all charges not part of the initial
service order.
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XVIll. COMMUNICATIONS COSTS
By its execution of this Agreement, the County authorizes the Department to deduct the
appropriate costs of the recurring charges for the satellite communications Service from the
allocation provided to County under Rule 9G-19.005(3), Florida Administrative Code. The
deduction is $3,129 for twelve months minus a credit for satellite communications
equipment costs deducted in previous years.
In the event the County desires to continue use of the National Warning System (NA WAS)
line, then the County shall assmne all operational and fiscal responsibility for the NA WAS
line and equipment in the County. .
XIX. VEIDCLES
Written approval from the Director of the Division of Emergency Management must be
obtained prior to the purchase of any motor vehicle with funds provided under this
Agreement. In the absence of such approval, the Department will have no obligation to
honor such reimbursement request.
XX. CERTIFICATIONS
By its execution of this Agreement, the County certifies that it is currently in full
compliance with the Rule Chapters 9G-6, 9G-7, 9G-ll, and 9G-19, F.A.C., Chapter 252,
Florida Statutes and appropriate administrative rules and regulations that guide the
emergency management program and associated activities. .
The County certifies that funds received from the Emergency Management, Preparedness
and Assistance Trust Fund (EMF A funds) will not be used to supplant existing funds, nor
will funds from one program under the Trust Fund be used to match funds received from
another program under the Trust Fund. The COWlty further certifies that EMP A funds shall
not be expended for 911 services, emergency medical services, law enforcement, criminal
justice, :fire service, public works or other services outside the emergency management
responsibilities assigned to the County Emergency Management Agency, unless such
expenditure enhances emergency management capabilities as expressly assigned in the local
comprehensive emergency management plan.
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By its signature below, the County reaffirms its certification to employ and maintain a full-
time Director consistent with Section 9G-19.002(6), Florida Administrative Code.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
::=~;~~ulYmnhO~~
BY: ~
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Name and title:--/-ffteL--li Y P2ffft1IJN )V\AY ~~
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Date:.
Federal Employer 1.0. !.i7 - 6~tJf
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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BY:
Date:
tie: Joseph F. Myers. Director
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Attachment A
SCOPE OF WORK
Base Grant funding from the Emergency Management, Preparedness and Assistance Trust Fund is
intended to enhance COWlty emergency management plans and programs that are consistent with the
State Comprehensive Emergency Management Plan and Program (reference Rule Chapters 9G-6
and 7, F.A.C. and Chapter 252, F.S.). This Scope of Work recognizes that each county is at a
varying level of preparedness, and it is Wlderstood that each county has a unique geography, faces
unique threats and hazards and serves a unique population.
In order to receive base grant funding, each county must certifY that it will use the award to enhance
its Emergency Management Program.
As a condition of receiving funding pursuant to this Agreement, the COWlty shall complete the work
items that fall between October 1, 1999 and September 30,2000, listed in the most recently revised
Five-year Strategic Plan, as approved by the Department The revised Five-year Strategic Plan is
attached hereto as Attachment A-I. Subsequent revisions during the term of this Agreement shall
be those submitted in writing by the County, approved by the Department, and on file in the
Division. The document evidencing the approved scope of work shall be the most recent Strategic
Plan for the County on file in the Division of Emergency Management, Bureau of Compliance
Planning and Support, evidencing approval by Division staffhoused in Tallahassee.
As a further condition of receiving funding under this Agreement, the County shall, following full
or partial County Emergency Operation Center activation at a level equivalent to a State
Emergency Operation Center level three (3) or above during the period of this Agreement, then the
County shall, within forty-five (45) days following the conclusion of the activation, evaluate the
performance of all elements of the local emergency management program during that activation,
and provide a written after action report to the Department.
Funds may not be used for items such as door prizes and gifts. Flyers and promotional items to
promote the Emergency Management Program are allowable.
Food and beverages may be purchased for Emergency Management personnel and other personnel
only if the County Emergency Operation Center or field command office is in an activated status
and personnel receiving food/beverage are on duty at either of these locations. Purchases may be
made only under 1) An Executive Order issued by the Governor or 2) a State of Emergency
appropriately declared by local officials in response to an emergency event or threat.
Within 60 days of execution of this Agreement, the County shall provide copies of any new or
updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local
emergency management program provided in s.252.38, F .S.
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Attachment B
PROGRAM STATUTES AND REGULATIONS
1. Chapter 252, Florida Statutes
2. Rule Chapters 9G-6, 9G-7, 9G-ll, 9G-19 and 9.0-20 Florida Administrative Code
3. Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 112, Florida Statutes
6. OMB Circular A-87
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Attachment C
RECORD KEEPING
A. All original records pertinent to this Agreement shall be retained by the County for three
years following the date of termination of this Agreement or of submission of the final
c1ose-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 $1,000 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.
B. All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Scope of Work,
Attachments A and A-I, and all other applicable laws and regulations.
C. The County, 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.
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Attachment D
REPORTS
A. The County shall provide the Department with quarterly financial reports, semi-annual
summary progress reports prepared in conjunction with the Department's Area Coordinator,
and a :final close-out report, all in a format to be provided by the Department.
B. Quarterly reports shall begin with the first quarter of the county fiscal year; are due to the
Department no later than thirty (30) days after the end of each quarter of the program year;
and shall continue to be submitted each quarter until submission of the :final close-out '
report. The ending dates for each quarter of this program year are December 31, March 31,
June 30 and September 30.
C. The final close-out report is due forty-five " (45) days after termination of this Agreement.
D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, F.A.C.,
historical budgetary information relating to the County Emergency Management Program is
also required. This information shall be developed based on guidelines provided by the
Department and shall be submitted to the Department not later than December 31, 1999.
E. A proposed staffing summary and budget summary describing planned expenditure of funds
provided under this Agreement toward the completion of items detailed in Attachments A
and A-I shall be submitted to the Department in a format provided by the Department not
later than December 31, 1999.
F. If all required reports, budget summary and budgetary information prescribed above are not
provided to the Department or are not completed in a manner acceptable to the Department,
the Department may withhold further payments until they are completed or may take such
other action as set forth in Paragraphs VII. and IX., and Rule 9G-19.014. F.A.C.
II Acceptable to the Department" means that the work product was completed in accordance
with generally accepted principles, guidelines and applicable law, and is consistent with the
Scope of Work.
G. Upon reasonable notice, the County shall provide such additional program updates or
information as may be required by the Department.
H. All report formats provided by the Department shall be made available to the County on the
Division's internet site.
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Attachment E
PROCUREMENT. SUBCONTRACTS AND SUB GRANTS
A. All subcontracts entered into by a County in connection with any portion of the Scope of
Work shall contain all terms of the County's Agreement with the Department.
B. The County shall send a copy of any subcontracts entered into in connection with
implementing the Scope of Work to the Department within 30 days after their effective
dates.
C. The County shall not award subgrants using funds awarded pursuant to this Agreement.
D. The County shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Wherever required by law or
otherwise permitted, the County shall utilize competitive procurement practices.
E. Allowable costs shall be determined in accordance with Office of Management and Budget
Circular A-87.
16
Attachment F
FUNDING~ATCHING
A. This is a cost-reimbursement Agreement. The County shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed
$105,806 subject to the availability of funds from the Department. The amount of funds
available pursuant to this rule chapter may be adjusted proportionally when necessary to
meet any matching requirements imposed as a condition of receiving federal disaster relief
assistance or planning funds. Funds received from the Emergency Management,
Preparedness and Assistance Trust Fund may not be used to supplant existing funds,
nor shall funds from one program under the Trust Fund be used to match funds
received from another program under the Trust Fund.
B. Any advance payment under this Agreement is subject to s. 216.181(14), Florida Statutes.
Up to twenty-five (25) percent of an award may be advanced.
If an advance payment is requested, the budget data on which the request is based and a
justification letter shall be submitted. The letter will specify the amount of advance
payment needed and provide an explanation of the necessity for and proposed use of these
funds.
Indicate below which method of payment is preferred:
1.
No advance payment is requested; payment will be made solely on
a reimbursement basis.
2.
An advance payment of $ is requested; balance of
payments will be made on a reimbursement basis.
(Justification letter must be provided; advanced funds may not exceed
25 % of total eligible award)
C. After the initial advance, if any, any further payments shall be made on a quarterly
reimbursement basis. Additional reimbursement requests in excess of those made quarterly
may be approved by the Department for exceptional circumstances. An explanation of the
exceptional circumstances must accompany the request for reimbursement. The County
agrees to expend funds in accordance with the Scope of Work, Attachments A and A-I of
this Agreement.
D. All funds received hereunder shall be placed in an interest-bearing account with a separate
account code identifier for tracking all deposits, expenditures and interest earned. Funds
disbursed to the County by the Department that are not expended in implementing this
program shall be returned to the Department, along with any interest earned on all funds
received under this Agreement, within ninety (90) days of the expiration of the award
Agreement.
E. The County shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work.
F. Allowable costs shall be determined in accordance with applicable Office of Management
and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT
COST PRINCIPLES AND PROCEDURES.
17
\"
G. At a minimum, the County shall continue to provide other funding for the County
Emergency Management Agency at an amount equal to either: (1) the average of the
previous three years' level of county general revenue funding of the County Emergency
Management Agency; or (2) the level of funding for the County Emergency
Management Agency for the last fiscal year, whichever figure is lower. County general
revenue funding for 911 services, emergency medical services, law enforcement, criminal
justice, public works or other services outside the local emergency management agency as
defined by Section 252.38, Florida Statutes, shall not be included in determining the "level
of county funding of the County Emergency Management Agency." The County shall
certify compliance with this rule chapter and this rule by its execution of this Agreement,
and as a condition precedent to receipt of funding.
H. Should the County wish to carry forward, into the fiscal year beginning October 1, 2000,
any unspent funds awarded under this Agreement, the County must request such carry
forward of funds in writing to the Department by July 31, 2000. This request must include a
detailed explanation and justification for the request and may not exceed an amount equal to
25% of the initial amount awarded ($105,806) under this Agreement. Failure to timely
submit information, or failure to submit complete information, may result in the denial of a
request to carry funds forward. Any carry forward amounts approved will be added to the
County's following year's base Agreement. Funds may not be carried forward for the
purpose of paying salaries and benefits of regular or Other Personal Services personnel.
Such salaries and benefit funds may be carried forward to cover contractual or other
temporary personnel costs for non-recurring projects only.
18
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MONROE COUNTY
FIVE YEAR STRATEGIC PLAN
GOAL 1:
Complete emeraency-related post disaster redevelopment as
Quickly as possible while mitiaatina future risk
STRATEGY 1 :
In accordance with Rule 9J-5, Florida Administrative Codes
(FAC), the local government shall address post-disaster
planning with their comprehensive plans.
TASKS:
1. On an annual basis address and encourage post-disaster reconstruction
and redevelopment plans that conforms to pre-disaster building practices.
2. On an annual basis establish procedures to allow for an orderly process of
reviewing private and public redevelopment proposals after a major
disaster.
3. On an annual basis establish procedures for efficient relocation of Monroe
County residents who are displaced immediately following a disaster.
J2
GOAL 2:
Update emergency plans, standard operating procedures
(SOP), and the Comprehensive Emergency Management Plan
(CEMP), (consistent with 9G-6 and 9G-7) on an annual basis.
STRATEGY 1 :
Achieve consistency between goals and objectives of
agency plans and emergency plans.
TASKS:
1. Annually review and update all Emergency Management plans and
procedures.
2. Address the inter-jurisdictional impacts of the coordination for emergency
planning issues.
3. Inventory special needs populations and designate special needs shelters
to accommodate.
4. Monitor the County's outreach program to assist the special need
population in evacuation and sheltering.
5. Review and update the Monroe County hazardous Material Plan by
September 2000.
6. Review and update the Monroe County Comprehensive Emergency
Management Plan on an annual basis to include the county's experiences
with non-natural disasters such as mass migration, major transportation
incidents and terrorism.
2
GOAL 3:
Conduct an annual review and accordinQlv update EmerQencv
ManaQement exercise schedule and identify areas to be tested.
STRA TEGY 1:
Set exercise dates and identify areas to be tested on annual
review.
TASKS:
1. Conduct internal program review.
2. Set exercise schedule.
3. Identify areas to be tested.
4. Update and submit Five Year Strategic Plan on annual basis.
5. Participate annually in the Hurricane Awareness and Mitigation Week
activities.
6. Participate in the annual statewide hurricane drills sponsored by the State
of Florida, Division of Emergency Management.
7. Adapt and implement the Community Emergency Response Team
Program (CERT), to include all municipalities by September 2001.
8. Conduct hazard material specific ESF tabletop drill by fiscal year 2002.
9. Train and educate public and community officials on an on-going basis to
keep them informed of emergency management preparedness and
mitigation
3
GOAL 4:
Annually update the inventory of Shelters and Refuges of Last
Resort in Monroe County.
STRATEGY 1 :
Annually conduct inspections and obtain critical information
for all shelters and refuges, in Monroe County.
TASKS:
1. On an annual basis inspect and document critical information on shelters
and refuge of last resort in the Upper Keys.
2. On an annual basis inspect and document critical information on shelters
and refuges of last resort in the Middle Keys.
3. On an annual basis inspect and document critical information on shelters
and refuges of last resort in the Lower Keys.
4. On annual basis verify the use of designated Monroe County shelters in
Dade County.
4
GOAL 5:
Develop and implement a local mitiQation strateQY for Monroe
County.
STRATEGY 1 :
By July 2000, identify county facilities for potential mitigation
projects.
TASKS:
1. Develop a local hazard mitigation team by fiscal year 1999/2000.
2. Identify a mechanism for capturing local dollars spent on mitigation and
preparedness projects by year 2002.
3. Identify potential facilities that may be used as shelters for retrofitting
projects.
4. Develop a list of prioritized potential 404 mitigation projects by year 2000.
5. Identify a procedure to implement the state disaster match policy by year
2000.
6. Incorporate local hazard mitigation strategy into Comprehensive
Emergency Management and other appropriate plans deemed necessary.
7. With the State assistance develop a profile (Matrix) of available local,
state, and federal funding for mitigation projects.
8. Appoint mitigation manager.
5
GOAL 6: Establish planninQ procedures to address shelter deficit and
submit to the Florida Division of EmerQency ManaQement as
potential retrofit proiects.
STRATEGY 1: Clarify and redefine hurricane preparedness issues and
policies such as the hurricane evacuation areas and shelter
capacity on an annual basis.
TASKS:
1.
Inventory special needs population and designate special shelters
to accommodate their needs by fiscal year 2000.
2.
Work in concert with State and Salvation Army to evaluate existing
criteria and reach consensus on criteria use for designating places
for shelters.
3.
Examine and re-evaluate public shelter and refuge of last resort
capacity prior to hurricane season in 1999.
4.
Examine and re-evaluate public shelter and refuge of last resort
capacity prior to hurricane season in 2000.
5.
Examine and re-evaluate public shelter and refuge of last resort
capacity prior to hurricane season in 2001.
6.
Examine and re-evaluate public shelter and refuge of last resort
capacity prior to hurricane season in 2002.
7.
Examine and re-evaluate public shelter and refuge of last resort
capacity prior to hurricane season in 2003.
6
GOAL 7:
Review Monroe County's self-assessment of its emerqency
manaqement proqram annually.
STRATEGY 1:
Emergency management programs adapt and reflect the
needs of the community as it changes.
TASKS:
1. Complete and submit to the Florida Division of Emergency Management
(OEM) an updated self-assessment questionnaire by September 2000
2. Complete and submit to the Florida Division of Emergency Management
(OEM) an updated self-assessment questionnaire by September 2001.
3. Complete and submit to the Florida Division of Emergency Management
(OEM) an updated self-assessment questionnaire by September 2002.
4. Complete and submit to the Florida Division of Emergency Management
(OEM) an updated self-assessment questionnaire by September 2003.
5. Complete and submit to the Florida Division of Emergency Management
(OEM) an updated self-assessment questionnaire by September 2004.
7
GOAL 8:
Identifv and beQin the process for addressinQ staffinQ
shortfalls reQardinQ shelter issues in Monroe County.
STRATEGY 1:
Review the inter-local agreement with the Salvation Army to
man our Monroe County shelters annually.
TASKS:
1. Review annually, Memorandum of Understanding (MOU) between Monroe
County and the Salvation Army to man our Monroe County shelters when
requested to do so by Monroe County Emergency Management.
2. Develop a training mechanism to assist the Salvation Army in training
personnel to man our Monroe County shelters by June 2000.
3. Develop a public relations program to assist the Salvation Army in
recruiting personnel to man our Monroe County by November 2001.
4. Develop a training program with the Monroe County School Board
to train school staff to assist in manning our Monroe County shelters by
December 2001.
8
GOAL 9:
Annually update Monroe County's Critical Facility Inventory.
STRATEGY 1 :
By September 30th of each year, update the critical facility
inventory throughout Monroe County.
TASKS:
1. Update the comprehensive listing of all critical facilities in the Upper Keys.
2. Update the comprehensive listing of all critical facilities in the Middle Keys.
3. Update the comprehensive listing of all critical facilities in the Lower Keys.
9
GOAL 10: Conduct an annual review and accordinalv update the
Emeraencv Manaaement exercise schedule. identify the areas
to be tested. and update the plans accordinalv.
STRATEGY 1:
After the annual review, set the exercise dates, identify the
areas to be tested and adjust the Five-Year Strategic Plan.
TASKS:
1. Conduct internal program review.
2. Set exercise schedule.
3. Identify test areas.
4. Update the Five-Year Strategic Plan.
10
GOAL 11: Bv June 2001, develop plans and procedures for the first 72
hours disaster recovery plan.
STRATEGY 1:
By June 2001, develop and set direction for the County's
Disaster Recovery Plan.
TASKS:
1. Hold task force meetings on a quarterly basis throughout the year to
update the progress of each plan aspect.
2. Have a basic outline for the plan by September 2000.
STRATEGY 2:
By June 2001, complete plans and procedures for disaster
recovery.
TASKS:
1. Hold meetings of the task force on a quarterly basis throughout the year to
update the progress of each plan aspect.
2. Submit the plan for approval by the Monroe County Board of County
Commissioners by June 2001.
STRATEGY 3:
By June 2001, test and make necessary revision to the plan
and procedures.
TASKS:
1. Conduct an exercise to test the plans and procedures by June 2001.
2. Conduct meetings as necessary to make the necessary improvements to
the plan and procedures.
STRATEGY 4:
By June 2001, complete the final revisions to the Disaster
Recovery Plan by June 2001.
* Note:
Re-development is part of the Monroe County Growth
Management 5-year plan.
this goal's dates had to be revised, as the individual
contracted for this project did not deliver any portion of this
product, and therefore we have to begin this process over
again.
** Note:
11
GOAL 12: Continue to work with the Monroe County School Board in the
location. plannina. and construction of new schools
throuahout the county. to help mitiaate the shelter deficit plan
throuahout the county.
STRATEGY 1:
Meet with MCSS officials to discuss the use of the new
Sugarloaf Middle School as a Monroe County shelter.
TASKS:
1.
Schedule an initial meeting with MCSS by May 2000.
STRATEGY 2:
Arrange for inspection of facility to ensure it meets the
shelter criteria.
TASKS:
1.
Conduct a walk-through of the facility by the appropriate
personnel to ensure shelter compliance by May 2001.
STRATEGY 3:
Revise MOU between MCSS and MCEM accordingly.
TASKS:
1.
* Note:
Include new school facility in the MCSS and MCEM shelter
agreement by September 2002.
This goal was re-written to accommodate the current Monroe
County School Board undertaking of the construction of new,
and upgrade of existing, schools which are being built and
modified, to Cat. 5 storm criteria, and will serve as shelters for
Cat. 1 and Cat. 2 storms, since the county has mandatory
evacuation policy for Cat. 3,4, and 5 storms.
12
GOAL 13: Develop. in coniunction with State and Federal agencies.
Monroe County Terrorism Plan
STRATEGY 1:
Complete risk assessment for Monroe County by July 1999.
TASKS:
1. Identify susceptible targets for terrorist attacks.
2. Identify potential terrorist attack source.
3. Identify most vulnerable areas by demographic locations.
4. Identify type of terrorist acts that would most likely materialize in Monroe
County.
STRATEGY 2:
By March 2000, identify the responsible agency and
personnel to be the primary and secondary response team/s
to command a terrorist attack response.
TASKS:
1. Conduct meetings with the local agencies to identify the appropriate
response personnel.
2. Review agencies capabilities, resources and response feasibility.
* Note: Strategy 2 goal date has been changed due to personnel
shortage
STRATEGY 3:
By June 2000, begin the composition of the first terrorism
plan draft.
TASKS:
1. Review any existing plans and/or procedures which, are in place for
Monroe County.
2. Form a task force to participate in the plan development.
3. Conduct task force meetings to expedite the plan development.
13
STRATEGY 4:
Provide awareness training by February 2001.
TASKS:
1. Research the availability of training, conferences meetings, courses, and
presentations on the subject of terrorism.
2. Research awareness training offered by the State, Department of Justice,
and/or any other federal agency.
3. Assure the attendance of the appropriate personnel at those sessions.
4. Designate agency/personnel to attend Train the Trainer training sessions.
STRATEGY 5:
Have a Monroe County Terrorism Plan in place by
December 2001.
TASKS:
1. Review the final draft of the plan.
2. Route the plan to the appropriate local and state agencies for review and
comments.
3. Finalize the plan.
4. Compile a Distribution List for the plan and distribute accordingly.
STRATEGY 6:
Review and update the plan annually and attend all
appropriate conferences, meetings and training session on
continuous basis to keep up with the latest information and
developments regarding the threat of terrorism.
14
GOAL 14: IMPROVE THE MONROE COUNTY AND INTERSTATE
COMMUNICATIONS SYSTEM.
STRATEGY 1 :
* Note:
STRATEGY 2:
STRATEGY 3:
To ensure 24 hour communication and notification
capabilities, install and network Voice mail, or comparable
information relay tool(s), within the Office of Emergency
Management by August 2000.
Goal date has been changed due to the county's
evaluation and experimentation with voice mail
capabilities (at the present the county government does
not provide a voice mail service to majority of
departments. However, this is being re-evaluated at this
time)
In order to enhance and expedite Emergency Management
"lead time" response efforts to approaching and pending
severe weather events, direct the installation of the
appropriate mechanisms necessary to gain access to the
seven (7) existing county reporting stations (Big Pine Key,
Key West, Big Coppitt Key, Marathon, Plantation Key, Card
Sound, and Florida City) by January 2000.
By July 2001, incorporate the EM 2000/Lotus Notes
information system into the Monroe County Emergency
Management Operations System. This, or a comparable
system, containing e-mail, Internet access, communications
capabilities, message tracking, incident log, shelters and
resource management, and wide variety of databases,
allows for municipal/county, county/county, county/state and
public/private coordination all of which, will ultimately
minimize the expected impact a disaster may deliver.
15
GOAL 15:
STRATEGY 1:
STRATEGY 2:
STRATEGY 3:
STRATEGY 4:
DEVELOP AND MAITAIN THE CAPABILITY TO WARN
THE COMMUNITY (PUBLIC, COUNTY AGENCIES AND
MUNICIPALITIES) OF EMERGENCIES
Meet with the appropriate department personnel to evaluate
the communication tools and the current system by March
2000.
Develop information package for dissemination to the public
by April 2000.
Test product by May 2000.
Implement program by June 2000.
16
GOAL 16:
STRATEGY 1 :
STRATEGY 2:
STRATEGY 3:
STRATEGY 4:
STRATEGY 5:
DEVELOP AND MAITAIN THE CAPABILITY TO PROVIDE
TIMELY INFORMATION TO THE COMMUNITY
Gather all relevant information and initiate Public
Announcement system by January 2000.
Develop a system with the Communications Department for
timely information update on the county's rumor control line
by February 2000.
Test the system by March 2000.
Implement the system by April 2000.
Revise Public Announcement messages on on-going basis
to reflect the latest events. This will be an on-going project.
17
GOAL 17:
ENSURE THAT All EMPLOYEES WHO ARE FUNDED
THROUGH EMERGENCY MANAGEMENT FUNDING
COMPLETE AT A MINIMUM THE FOllOWING COURSES
- PRINCIPALS OF EM: DISASTER
RESPONSE/RECOVERY OPERATIONS: EOC
OPERATIONS COURSE: EOC/ICS INTERFACE:
HURRICANE PLANNING: MANAGING EOC: DAMAGE
ASSESSMENT: DEBRIS MANAGEMENT: EMERGENCY
PLANNING COURSE
STRATEGY 1 :
Provide all appropriate training by 2002.
Training requirements:
· Principals of EM (Old Intro to EM course)
· Disaster Response/Recovery Operations
· EOC Operations course
· EOC/ICS Interface
. Hurricane Planning
· Managing Emergency Operations
· Damage Assessment
· Debris Management
· Emergency Planning Course
18
GOAL 18:
STRATEGY 1:
STRATEGY 2:
STRATEGY 3:
STRATEGY 4:
STRATEGY 5:
DEVELOP AND ENSURE A RE-ENTRY PROCEDURE
AND POLICY ARE ESTABLISHED
Develop a proposal for re-entry program by October 1999.
Meet with appropriate personnel to evaluate proposal by
November 1999.
Complete a first draft of the re-entry plan and distribute for
comments and review by May 2000.
Complete a second draft of the re-entry plan and re-send for
final review by August 2000.
Finalize and implement the re-entry plan by January 2001.
19
GOAL 19:
DEVELOP A STANDARDIZED CAPABILITY FOR IMPACT
AND DAMAGE ASSESSMENT
STRATEGY 1 :
By December 1999 identify county's resources for impact
and damage assessment.
TASKS:
1. Identify County's Departments to be part of the County's Damage
Assessment Team.
2. Draft a preliminary document relative to the assessment team.
STRATEGY 2:
By February 2000 complete a "DRAFT" of Monroe County
Damage Assessment Process
TASKS:
1. Identify the appropriate departments to be part of the assessment team.
2. Identify the total minimum personnel necessary to function as the damage
assessment inspectors
3. Conduct a meeting to familiarize the personnel with the process.
STRATEGY 3:
By June 2000 finalize and implement the Monroe County
Damage Assessment Guidelines.
TASKS:
1. By March 2000 distribute guidelines for review and comments.
2. Provide the appropriate training by May 2000.
3. Implement the system by June 2000.
4. Provide the appropriate Damage Assessment Training on an on-
going basis.
20
GOAL 20: DEVELOP THE CAPABILITY TO MANAGE DEBRIS
CONSISTENT FOR ALL HAZARDS THAT AFFECT THE
COMMUNITY.
Please refer to the SOLID WASTE Department's procedure
reoardino debris issues (located within the Solid Waste
Manaoement Department in Kev West).
The procedures are reviewed for compliance on an annual basis.
21