Item C26
BOARD OF COUNlY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20. 2009
Division: Administration Services
Bulk Item: Yes l
No
Department: Proiect Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Ratification of County Attorney's signature to Modification #2, and
approval of Modification #2 to the State-Funded Subgrant Agreement extending the date for federal
funding from May 8,2009 to December 7,2009 for a new Emergency Operations Center (EOC).
ITEM BACKGROUND: On August 27, 2007, $69,966 in federal funding was added to the State of
Florida, Division of Emergency Management's funding for the design of a new Emergency Operations
Center. The federal funding is to expire on May 8, 2009. This Modification #2 extends the federal
funding deadline of May 8, 2009 to December 7, 2009. Because the BOCC meeting is May 20,2009,
12 days after the date of expiration, Suzanne Hutton signed Modification #2 in her capacity as County
Attorney for Monroe County.
PREVIOUS RELEVANT BOCC ACTION: On June 20, 2007, the BOCC approved execution of a
State Funded Subgrant Agreement in the amount of $1,029,547.00 toward the design and construction
of a new County Emergency Management Operations Center. Also on June 20, 2007, the BOCC
approved to advertise for RFP's for professional services to design a new EOC. At the January 2008
meeting the BOCC approved Modification #1 to the Subgrant Agreement that added $69,966.00 in
federal funding for the hardening feasibility study. And on February 18 2009, the BOCC approved a
contract with Architects Design Group, Inc. for the design, contract documents, and project
administration of the proposed EOC.
CONTRACT/AGREEMENT CHANGES: Extending the expiration date for federal funding by 213
days, from May 8, 2009 to December 7, 2009.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: N/ A
Indirect Costs
N/ A BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH Year
APPROVED BY: County A~ ~lPurchasing _ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPosmON:
Revised 1/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida DEM Contract #_
Effective Date: 5/20/09
Expiration Date: 12/07/09
Contract PurposelDescription:
Modification #2 to Subgrant Agreement to extend the federal portion of the grant by
213 days, from May 8, 2009 to December 7,2009
Contract Manager: Ann Riger X4549 Facilities Devel/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on OS/20/09 Agenda Deadline: 05/05/09
CONTRACT COSTS
Total Dollar Value of Contract: $ Revenue
Budgeted? YesO No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $
12.? - U55~-_-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed
Division Director YesO NoD
RiskManagement ~ YesONoEf Lf.-30
fJLL .-I. ~~ ;:::.,t
O.M.B./Purchasing t) /1- 0'1 YesO NolY.] "'_' \ ~ ?' -~ tt 0
County Attorney .5..rJ.ift YesO NoEl" 7P~ ))(LtJ 5 4 fit
Comments:
OMB Form Revised 2/27/01 MCP #2
Revised Attachment A ~ Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will conduct a
Phase I engineering feasibility study to identify modifications needed to wind retrofit the new
Monroe County Emergency Operations Center, located at 9400 Overseas Highway, Marathon,
Florida 33050, above the Florida Building Code or Miami-Dade Specifications. Phase I will
provide funding for completion of design, surveying and permitting for this proposal. In order for
Phase II to be considered for funding, Phase I deliverables must include a complete proposed
budget and scope of work, along with engineering data from the study and engineering plans.
Phase I of this project is approved with the condition that the above list of deliverables will be
submitted for review and approval by the State and FEMA before Phase II is considered. No
construction work may begin until Phase II deliverables are reviewed and approved by FEMA.
Failure to comply with this condition can result in the loss of all funding for this project.
The Period of Performance for this project ends on December 7,2009.
Schedule of Work
State Contracting:
Request for AlE Proposal & Review:
Bidding of Design:
Enqineerinq/Architectural Desiqn:
Total Period of Performance:
3 Months
3 Months
3 Months
6 Months
15 Months
Line Item Budaet*
Project Cost Federal Share Local Share
Survey, Engineering Design,
Environmental Permitting:
Sub-total:
Administrative Cost:
Total:
$ 89.700.00
$ 89,700.00
$ 0.00
$ 89,700.00
$ 67.275.00
$ 67,275.00
$ 2.691.00
$ 69,966.00
$ 22,425.00
$ 22,425.00
$ 0.00
$ 22,425.00
* Any line item amount in this Budget may be Increased or decreased 10% or less without an
amendment to this Agreement being required, so long as the overall amount of the funds
obligated under this Agreement is not increased.
Fundina Summary
Federal Share:
Local Share:
Total Project Cost:
$67,275.00 (75%)
$22.425.00 (25%)
$89,700.00 (100%)
Recipient Administrative Allowance up to $2,691.00
3
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease
the vulnerability of the building to property losses and are specifically not intended to provide for
the safety of inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall
compensate for the materials and labor for the installation of storm shutters and/or other
hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the
damage that might otherwise occur from severe weather or other hazards. The funding of this
project by the Department does not confer or imply any warranty of use or suitability for the work
performed pursuant to this agreement. The State of Florida disclaims all warranties with regard
to this mitigation project, express or implied, including but not limited to, any implied warranties
and/or conditions of satisfactory quality and fitness for a palticular purpose, merchantability, or
merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual
FEMA 361-Design and Construction for Community Shelter, and thus does not provide "near
absolute protection.>> It is understood and agreed by the Department and the Recipient that the
building may have vulnerabilities due to age, design and location which may result in damage to
the building from wind events even after the installation of the mitigation measures funded under
this Subgrant Agreement. It is further understood and agreed by the Department and the
Recipient that the level of wind protection provided by the mitigation action, although meeting
State standards and codes and enhancing the structural integrity of the building, does not ensure
the safety of survival of building occupants.
4
Contract r'J um ber: 08-E C-30-11-54-0 1-0 39
MODIFICATION # 2 TO STATE-FUNDED SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division
of Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the
Division's Contract Number 08-EC-30-11-54-01-039, dated August 27,2007 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant of $1 ,029,547.00 in state funds and $69,966.00 in
federal funds to Recipient; and
WHEREAS, the Agreement will expire on June 30, 2009; and
WHEREAS, the state funds of $1 ,029,547.00 must be expended on or before June 30,
2009, and the federal funds of $69,966.00 must be expended on or before December 7,2009;
and
WHEREAS, the Division and the Recipient desire to modify the Agreement by extending
the term through December 7,2009, modifying the federal Budget and Scope of Work.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby extended through December 7, 2009.
2. The Revised Budget and Scope of Work, Attachment A Federal, as contained in
Modification number 2 dated February 27, 2008, is hereby amended by the second
Revised Budget and Scope of Work, Attachment A-Federal, to this Modification, which
are attached hereto and incorporated herein by reference. The Revised Budget and
Scope of Work, Attachment A-Federal, contains the additional provisions that apply only
to the added federal funding.
3. Attachment A-Federal, the Recipient understands that Phase I is approved with the
condition that no construction can begin until the results of the deliverables are reviewed,
and Phase II activities are approved. Failure to comply with this condition could result in
the loss of all funding for this project.
4. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
5. All provisions of the Agreement being modified and any attachments thereto in conflict
with this Modific8tion shall be and are hereby changed to conform with this Modification,
effective as of the date of the last execution of this Modification by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the
dates set out herein.
RECIPIENT MONROE COUNTY
BY:
NAME & TITLE:
DATE:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
W. Craig Fugate, Director
DATE:
MONROE COUNTY ATTORNEY
~R.OVEDASTO~M:/7
.~~ 7~/(~~
NATllEENE W CA.SSEL
ASSISTANT COUNTY ATTORNEY
Date j/ ';<j - q ~
2
Revised Attachment A - Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will conduct a
Phase I engineering feasibility study to identify modifications needed to wind retrofit the new
Monroe County Emergency Operations Center, located at 9400 Overseas Highway, Marathon,
Florida 33050, above the Florida Building Code or Miami-Dade Specifications. Phase I will
provide funding for completion of design, surveying and permitting for this proposal. In order for
Phase II to be considered for funding, Phase I deliverables must include a complete proposed
budget and scope of work, along with engineering data from the study and engineering plans.
Phase I of this project is approved with the condition that the above list of deliverables will be
submitted for review and approval by the State and FEMA before Phase II is considered. No
construction work may begin until Phase II deliverables are reviewed and approved by FEMA.
Failure to comply with this condition can result in the loss of all funding for this project.
The Period of Performance for this project ends on December 7,2009.
Schedule of Work
State Contracting:
Request for AlE Proposal & Review:
Bidding of Design:
Enqineerinq/Architectural Desiqn:
Total Period of Performance:
3 Months
3 Months
3 Months
6 Months
15 Months
Line Item BudQet*
Project Cost Federal Share Local Share
Survey, Engineering Design,
Environmental Permitting:
Sub-total:
Administrative Cost:
Total:
$ 89,700.00
$ 89,700.00
$ 0.00
$ 89,700.00
$ 67.275.00
$ 67,275.00
$ 2,691.00
$ 69,966.00
$ 22.425.00
$ 22,425.00
$ 0.00
$ 22,425.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an
amendment to this Agreement being required, so long as the overall amount of the funds
obligated under this Agreement is not increased.
Fundinq Summary
Federal Share:
Local Share:
Total Project Cost:
$67,275.00 (75%)
$22.425.00 (25%)
$89,700.00 (100%)
Recipient Administrative Allowance up to $2,691.00
3
The materials and work funcled pursuant to this Subgrant Agreernent are intended to decrease
the vulnerability of the building to property losses and are specifically not intended to provide for
the safety of inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall
compensate for the materials and labor for the installation of storm shutters and/or other
hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the
damage that might otherwise occur from severe weather or other hazards. The funding of this
project by the Department does not confer or imply any warranty of use or suitability for the work
performed pursuant to this agreement. The State of Florida disclaims all warranties with regard
to this mitigation project, express or implied, including but not limited to, any implied warranties
and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or
merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual
FEMA 361-Design and Construction for Community Shelter, and thus does not provide "near
absolute protection." It is understood and agreed by the Department and the Recipient that the
building may have vulnerabilities due to age, design and location which may result in damage to
the building from wind events even after the installation of the mitigation measures funded under
this Subgrant Agreement. It is further understood and agreed by the Department and the
Recipient that the level of wind protection provided by the mitigation action, although meeting
State standards and codes and enhancing the structural integrity of the building, does not ensure
the safety of survival of building occupants.0
4
Suzanne A. HuttOll, County Attoruey**
Robert B. Shillinger, Cbicf Assistant County Alto11ley **
Pedro J. MCI"cado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attomey **
Natilcene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistllnt County Attorney
Christine Limbert-Barrows, Assistant Coullty Attorney
Derek V. Howard, Assistant County Attorney
Lisa Grainger, Assistant County Attomey
,...,-~
O,'t~rY ~M.,2!,!~E
(3US) 294 -4641
BOARD OF COUNTY COMMISSIONERS
Mc:yor George Neugent, District 2
Mayor Pro Tern Sylvia J. [YJufI.Jhy, District 5
Kim Wigington, District 1
Heather Carruthers, District 3
Mario Di Gennaro, District 4
Ai1~;j'{>a
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Office of the County Attoruey
1111 12'h Street, Suite 408
Key West, FL 33040
(305) 292-3470 - Phone
(305) 292-3516 ~ Fax
** Board CCltificd in City, County & Local Gov!. Law
April 20, 2009
Florida Division of Emergency Management
Policy and Financial Management
Contract and Unit - Attn: Jenene Helms
2555 Shumard Oak Blvd
Tallahassee, Fl. 32399-2100
Shemeeka Hopkins
Commwuty Assistance Consultant
State of Florida Department of Emergency Management
255 Shumard Oak Blvd
Tallahassee, Fl32399-2100
Re: MODlFICATION#2 TO STATE-FUNDED SUBGRANT AGREEMENT
Dear Ms. Helms and Ms. Hopkins;
I understand that a signed modification to for the Subgrant related to building an EOC is due by May 8, 2009, in order
for the County to qualify for the above sub grant. Unfortunately, the Monroe County Board of County Commissioners
does not meet until May 20,2009. However, Maria Graziano, Monroe County Project Management Staff, has advised
me that you will accept my signature on the Modification and allow Monroe County to qualify for the sub grant until the
Board of County Commissioners accomplishes formal ratification of the Modification.
Therefore, I have attached the Modification #2 To State-Funded Subgrant Agreement, which I have signed in my
capacity as County Attorney for Monroe County. My signature is subject to ratification by the Board of County
Commissioners, however I feel confident that the Board will ratify at their next meeting on May 20,2009.
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 2 TO STATE-FUNDED SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division
of Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the
Division's Contract Number 08-EC-30-11-54-01-039, dated August 27,2007 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant of $1,029,547.00 in state funds and $69,966.00 in
federal funds to Recipient; and
WHEREAS, the Agreement will expire on June 30, 2009; and
WHEREAS, the state funds of $1,029,547.00 must be expended on or before June 30,
2009, and the federal funds of $69,966.00 must be expended on or before December 7, 2009;
and
WHEREAS, the Division and the Recipient desire to modify the Agreement by extending
the term through December 7, 2009, modifying the federal Budget and Scope of Work.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby extended through December 7,2009.
2. The Revised Budget and Scope of Work, Attachment A Federal, as contained in
Modification number 2 dated February 27,2008, is hereby amended by the second
Revised Budget and Scope of Work, Attachment A-Federal, to this Modification, which
are attached hereto and incorporated herein by reference. The Revised Budget and
Scope of Work, Attachment A-Federal, contains the additional provisions that apply only
to the added federal funding.
3. Attachment A-Federal, the Recipient understands that Phase I is approved with the
condition that no construction can begin until the results of the deliverables are reviewed,
and Phase II activities are approved. Failure to comply with this condition could result in
the loss of all funding for this project
4. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
5. All provisions of the Agreement being modifled and any attachments thereto in conflict
with this Modification shall be and are hereby changed to conform with this Modification,
effective as of the date of the last execution of this Modification by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the
dates set out herein.
:~CIP:S;~P
NAME & TITLE: ':t~: nn e II. 1I.r,I/ on Ie" 1M ry I/Ih ~ ""7
DATE: ~J 7
Subject to Ratification by the Monroe County Board of County Commissioners
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
W. Craig Fugate, Director
DATE:
2
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This Modification is made and entered into by and between the State of Florida, Division
of Emergency Management, ("the Division"), and Monro. County tthe Recipient@)
to modify the Division's Contract Number oa-EC-J0-11-54-01-639, daled August 27, 2007 ("Ihe
Agreement").
MODI FICA TlON #1 TO STATE-FUNDED SUBGRANT AGREEMENT
Contract Number: Oe-eC-3o..11-54-01_039
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant of $1,029,547.00 in state funds to Recipient; and
WHEREAS, the Division now intends to prOVide additional funds to the Recipient of
$69,966.00 In federal funds; and
WHEREAS, the state funds of $1,029,547.00 must be expended on or before June 30,
2009, and the federal funds of $69,966.00 must be expended on or before May 8, 2009; and
WHEREAS, the Division and the Reclp/ent desire to modify the Agreement by amending
the Scope of Work, the Budget and by adding the appropriate federal attachments,
NOW. THEREFORE, In consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. Paragraph 17 of the Agreement Is hereby amended to Increase the total funding under
the Agreement to $1,099,513.00.
2. The Budget and Scope of Work, Attachment A, to this Agreement, Is hereby deleted In its
entirety, and the Revised Budget and Scope of Work, Revised Attachment A-State and
Revised Attachment A-Federal, to this ModifJcatlon, which are attached hereto and
Incorporated herein by reference, are substituted In Its place and stead. The revised
Budget and Scope of Work, Attachment A-Federal. contains the additional proviSions that
apply to the added federal funding.
3. Attachment A-Federal, the Recipient understands that Phase I Is approved with the
condition that no construction can begin untH the results of the dellverables are reviewed,
and Phase" activities are approved. Failure to comply with this condition could result in
the loss of all funding for this project.
4. Attachment E, Federal Audit Requirements, Is attached hereto and incorporated herein
by reference. Attachment E Is required for compliance with federal standards.
5. Altachment F, Federal Recordkeepjng, Is allached hereto and incorporated herein by
reference. Attachment F is required for compliance with federal standards.
6. Attachment G, Federal Standard Conditions, is attached hereto and incorporated herein
by reference. Attachment G is required for compliance with federal standards.
7. Attachment H, Federal lObbying Prohibition, is attached hereto and incorporated herein
by reference. Attachment H Is required for compliance with federal standards,
8. AlIachment to Federal Certiflcallon Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion, is attached hereto and incorporated herein by reference.
Attachment I ;s required for compliance with federal standards.
1
9. Attachment J, Federal Statement of Assurances, is attached hereto and incorporated
herein by reference. Attachment J is required for compliance with federal standards.
10. All provisions not In conflict with this Modification remain In full force and effect. and are
to be performed at the level specified In the Agreement.
11. All provisions of the Agreement being modified and any attachments thereto In conflict
with this ModifICation shall be and are hereby changed to conform with this Modification.
effective as of the date of the last execution of this Modification by both parties.
IN WITNESS WHEREOF he parties hereto have executed this document as of the
dates set out herein.
BY:
NAME & TITLE: Ma
DATE:
RECIPIENT:
STATE OF FLORIDA
DMS'ON OF EMERGENCY MANAGEMENT
- e::k
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BY: {'" ~ _ . ..
W. Craig Fugate. Director
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DATE:
2.{ Z, I OJ(
2
RevIsed Attachment A State
Budget and Scope of Work
I. SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of
grant funds shall be consistent with Section 1(1), Ch. 2006-71,laws of Florida. Grant funds shall
not be used for land acquisition; purchase of equipment, furnishings, communications, or
operational systems; or recurring expenditures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site
survey and soil testing; necessary permits and fees; civil and service utilities site work;
construction of the building's substructure, superStructure, shell (exterior enclosure) and interior
construction; special inspections; mechanical, plumbing, electrical, conveying and security
systems; lightning protection; and redundant infrastructure systems (e.g., electric generator,
uninterruptible power supply, potable water and wastewater systems, etc.).
B. The Recipient shall In a timely manner prepare and submit a complete Hazard Mitigation
Grant Program (HMGP) application, beneflt-cost analysis, environmental review and such other
documentation as necessary to determine eligibility and allowable costs under said grant
program.
C. The Recipient shall state in writing that for a period of not less than 15 years from the
date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management
purposes. The EOC shalf remain demonstrably capable of being fulfy activated within one (1)
hour of detection of an emergency; reference Rule Chapter 00-6, Florida Administrative Code,
"Emergency Management Capabllltles Assessment Checklist. .
O. The EOC shaff be constructed with sufficient space to house people and equIpment for
day-to-day and sustained continuous emergency Operations, and capable of fun staffing for the
most extensive emergency anticipated. At a minimum, the designated EOC functional area(s),
and essential shared-use area( s) if applicable, shalf be designed for an emergency operations
staff size of ~ persons per shift and a workspace floor area of UZQ gross square feet.
E. At a minimum, the EOC shall meet the hUrrlcane hazard safety criteria established In
Standards for HUff/cane EvacuaUon Shelter Selection (ARC 4496).
F. The EOC and essential ancillary structures and service equipment shaff be designed to
resist the effects d a major hurricane. The wind load design requirements shaff be in accordance
with the American Society of Civil Engineers (ASCE) Standard 7, M/nimum Design Loads for
Buildings and Other Structures. The minimum wind design criteria shall include:
Design Wind Speed = 225 miles per hour (3 second gust)
Wind Importance Factor, 1= 1.00
Exposure Category = C
Directionality Factor, ~ = 1.00
Internal Pressure Coefficient, GCpI = +/_ 0.18
All components and cladding assemblies necessary to maintain a Structurally enclosed condition
and prevent rainwater intrusion shalf be designed to meet the wind design criteria. Structural
metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing
barriers shall meet the wind design criteria, loose roof ballast shall not be used on the roof
cover. Rooftop equipment shall be designed and installed to meet the wind design criteria.
3
G. The EOC and essential ancillary Structures and service equipment shall resist penetration
by windborne debris impact. At a minimum, all exterior enclosure components, c1addings and
assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above
finish grade shall meet the hurricane wind borne debris impact criteria specified in the Department
of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-
STD-1020-2002. That is, the building enclosure must resist penetration by a nominal 2-x4-
lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking
end-on and normal to the assembly surface, or equivalent performance as approved by the
Division. As applicable, impact test procedures shall be consistent with recognized state and
national standards; such as, Test Standard for Determining Impact Resistance from Windborne
Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886
and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS
203. The impact test procedures may be modified as necessary to accommodate the required
missile weight and velocity.
H. The following information related to wind loads and flooding shall be shown on the
construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind
speed; 3. wind Importance factor, I; 4. design wInd exposure category; 5. wind dlrectlonality
factor, ~; 6. design internal pressure coefficient, GCph 7. design wind pressures In terms of
pounds per square foot (pst) to be used for the design of exterior component and cladding
materials not specifically designed by the principal licensed design prOfessional; 8. windborne
debris impact performance criteria; 9. finish floor elevation measured relative to the National
Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the
base flood elevation, or historical flood elevation if base flood elevation Is not determined.
I. The lowest floor for the EOC and essential ancUlary Structures and service equipment shall
at a minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent;
the base flood elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood
elevation (if determined) plus two (2) feet; the highest recorded flood elevation plus three (3) feet
if the area is not in a mapped special flood hazard area; whichever Is greater. The site (point
maximum, one square mile) hydrologic design shan ensure that the EOC and essential ancillary
Structures and service eqUipment are not flooded due to a 24 hour, 37,0 inch rainfall event
applied over a precedent 24 hour, 100-year rainfall event.
J. Where secondary (emergency) roof drains or scoppers are required by the Florida
Building Code--Pfumbing, the secondary system shall be sIzed for a rainfall rate of eleven (11.0)
inches per hour.
K. The EOC shall be designated as a threshold building, and special Structural inspections
required. Special inspections shall be conducted in compliance with section 553.79, Florida
Statutes and other applicable statutes, laws and rules.
L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous
operation and shall not be solely reliant upon off-site services and utilities (e.g" water, natural
gas fuel, electricity, etc.)
M. Force protection and security measures shall be consistent with the guidance published in
Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air
Force Installation Force Protection Guide, or other federal or state recognized best-practices
guide(s) as approved by the Division.
N. The Recipient shall provide an initial tlmeline and estimated reimbursement allocation
schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or
other similar instrument as approved by the Division may be used.
4
O. During design and construction phases of the EOC project. the Recipient shall track and
provide construction cost data for the designated EOC area as detailed in Table SW~2. .Cost
Data for County Emergency Operations Center."
II. PRODUCT ITEM'
A Per item I.N, Recipient shall prepare an initial timeline with key milestone activities/tasks
schedule, including estimated start and end dates for each activity, and an estimate of state
reimbursement request for each activity. Table SW-1 may be used to meet this product item.
B. Per item I.C. Recipient shall submit a binding written statement that the EOC will be
dedicated for a period of not less than15 years for emergency management purposes, and
demonstrably capable of being fully activated within one (1) hour of detection of an emergency.
C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial
needs assessment, and schematic design plan or preliminary design drawings for review and
comment by the Division. The spatial needs assessment and schematic design plan/preliminary
design may be consolidated into one document.
D. The Recipient shall prOVide one (1) set of substantially complete (approximately 70
percent) preliminary design construction drawings and SP8Ciflcatlons for the EOC and essential
ancillary structures for review and comment by the Division. The construction drawings shall
Include site survey Information. landscaping, civil. architectural. Structural, mechanical. plumbing,
and electrical drawings.
E. The Recipient shall prOVide one (1) set of bid-ready construction drawings and
specifications for the EOC and essential ancillary structures for review by the Division. The
construction drawings shall include site survey Information, landscaping, civil, architectural,
structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable
registered or licensed design professional(s) of record.
F. The construction drawings shall demonstrate that the EOC will meet the hUrricane hazard
safety criterIa of ARC 4496. and the Wind load, windborne debris impact, flOOd and security
design requirements set forth in Items I,E through I.M. Failure to supply the required
documentation, or disapproval of this documentation by the Division, shall result in denial of
funds.
G. Per item 1,8. Recipient shall submit a complete HMGP application, beneflt-cost analysIs.
environmental review and such other documentation as necessary to determine eligIbility and
cost allowances under said grant program. The Recipient shall also provide two cost estimates
prepared by one or more certified construction contractors that document the cost of constructing
the facility to meet current building code wind and flOOd design requirements. and the cost
premium of constructing the facility to the above-code wind and flOOd requirements set forth in
Items I.E through '.J.
H. Per Item '.0, the Recipient shall provide tina' project cost data. Table SW-2 shall be
used to meet this product item.
I. The Recipient shall prOVide the Division with copy(s) of pertinent construction permits, the
threshold inspection final report. and the certificate of OCCUpancy upon completion of the
construction project.
5
ill. SCHEDULE OF WO~fS
A. By June 30, 2007, the Recipient shall proYide the DiYision with Product Items A and B for
review and approval. Failure to supply the required documentation, or disapproval of this
documentation by the Division, shall result in denial of funds.
B. By September 30, 2007 and at least on a Quarterly basis thereafter, Recipient shall report
on progress in relation to the Initial timeline, and submit Product Items C through H in a timely
manner as accomplished. The Division shall be provided 30 calendar days to review and provide
comments of product items pertaining to compliance with the scOpe..ot-work. The Recipient shall
also submit invoices for reimbursement for work accomplished in accordance with the Division
approved cost reimbursement allocation schedule referenced in Product Item A.
C. By a mutually agreed upon date, the Recipient shall provide the Division with Product
Item F for review and approval. Failure to supply the required documentation, or disapproval of
this documentation by the Division, shall result in deniaJ or redUCt/on of funds at the sole
discretion of the DIvision.
D. By May 15, 2009, the Recipient shaJI provide final project cost estimate data as set forth
in Table SW-2, certtflcate of occupancy, clos&-out documentation and final payment invoice.
6
Table SW-1, Initial Time/ine and Estimated Reimbursement Allocation Schedule
Tab'. SW-1. 'nlt'a' TIme"n. and Est'mated R.'mbursement AllocatIon Schedu'.
County Nam.: MonrOf
PROJECT PHASE Start Oat. End Oat. OEM Fund. Oth.r Fund.
Board Contract
Approval
Initlal Payment of
20% in first auarter
A&E Finn Selection
Site Survey and SoU
Testing
Spatial Needs
Assessment
PrelimInary Design.
70% comDlete
PrelimInary Design.
100% comalete
Reoulatorv Review
Bid Document(s)
Development &
Award
Notice to
PrQCeed/Moblllzatlon
Construction Project
Management &
Special 'nsaectlons
Construction 25%
Complete
Construction 50%
Complete
Construction 100%
ComDlete
Conti
Administrative Fees;
maximum 015%
Sub- Totals $1.099.513
TOT At Estimated
Project Cost
A&E - Architectural and Engineering; OEM - Division of Emergency Management; FY _ Fiscal
Year
7
Tab'. SW-2.
Cost Data for County Emergency Operations Center
County Name: Monr~
NO. System/Component Description Estimated
Cost
A. SUBSTRUCTURE
1010 Foundation
1020 Slab-on-Grade
2010 Excavation
2020 Basement Walls
2030 Elevated Foundation
B. SHEll iENVElOPE
B10 Suoerstructure
1010 Aoor Construction
1020 Roof Construction
1030 Structural Frame
1040 Load-Bearlno Wall
B20 Exterior Enclosure
2010 Exterior Walls
2011 Veneer/Cladd/no
2012 louvers
2020 exterior Windows
2030 Exterior Doors
B30 Roofino-
3010 Roof Cover/nos
3020 Roof ODen/nos
3021 Soffits
C. INTERIORS
1010 Partitions
1020 Interior Doors
1030 FlttlniB
2010 Stair Construction
3010 WaH Finishes
3020 Aoor F/nlshes
3030 Ceil/no Fin/shes
D. SERVICES
010 Convevino
1010 Elevators & lifts I
1020 Escalators & Walks T T
020 Plumbino
2010 P1umbino Fixtures
2020 Domestic Water
Distribution
2021 Back-up Potable
Water SYStem
2040 Rainwater Drainaae
030 HVAC
3010 Enerov SUDDlv
3020 Heatino System
3030 CooIino System
Table SW-2. Cost Data for County Emergency Operations Center'
8
3050 Terminal & Package
Units
3090 Other HVAC SyS.
040 Fire Protection
4010 Sprinkler SyS.
4020 StandOipe Svs.
4030 Other Sys.
DSO Electrical
S010 Elec. Service &
Distribution
S020 Lighting & Branch
Wiring
S030 Communications &
Security
S090 Other Elec. Sys.
S091 Generator SyS.
5092 UPS Svs.
E. EQUIPMENT & FURNISHINGS
1010 Commercial Equip.
1020 Institutional EqUip.
1030 Vehicular Equip.
1090 Other Equip.
1091 Audlo/Vldeo Equip.
1092 Soeclal Telecom
1093 Information Tech.
1094 Geo. Info. ~.
F. SPECiAl CONSTRUCTION
1041 Generator Enclosure
1042 Comm. Tower
1043 Hellpad
1090 Other
G. BUILDING S'TEWORK
1010 Earthwork
1020 Roadway & Parking
1030 Drainage & Flood
Control
1040 Security Measures
1090 Other Sitework
9
RevIsed Attachment A. Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will conduct a
Phase I engineering feasibility study to identify modifICations needed to wind retrofit the new
Monroe County Emergency Operations Center, located at 9400 Overseas Highway, Marathon,
Florida 33050, above the Florida Building Code or Miami-Dade Specifications. Phase I will
provide funding for completion of design, surveying and permitting for this proposal. In order for
Phase II to be considered for funding, Phase I dellverables must include a complete proposed
budget and scope of work, along with engineering data from the study and engineering plans.
Phase I of this project is approved with the condition that the above list of dellverables will be
submitted for review and approval by the State and FEMA before Phase Ills considered. No
construction work may begin until Phase II dellverables are reviewed and approved by FEMA.
Failure to comply with this condition can result in the loss of all funding for this project.
The Period of Performance for this project ends on May 8, 2009.
Schedufe of Worts
State Contracting:
Request for AlE Proposal & Review:
Bidding of Design:
EnalneerinalArchltecturalDeslan;
Total Period of Performance:
3 Months
3 Months
3 Months
6 Monthl
15 Months
Line ftem Budaet.
Survey, Engineering Design,
Environmental Permitting:
Sub-total:
Administrative Cost;
Total:
Project Coat Federal Share Local Share
S 89.700.00
S 89,700.00
S O.OQ
$ 89,700.00
S 67.275.OQ
S 67,275.00
S 2.691.00
S 69,966.00
S 22.425.0Q
$ 22,425.00
S 0.00
S 22,425.00
* Any line item amount in this Budgst may be Increased or decreesed 10% or less without an
amendment to this Agreement being required, so long as the oV6fallamount of the funds
obligated under this Agreement Is not increased.
Fundlna Summary
Federal Share:
local Share;
Total Project Cost:
$67,275.00 (75%)
$22.425.00 (25%)
$89,700.00 (100%)
Recipient Administrative Allowance up to $2,691.00
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease
the vulnerability of the building to property losses and are specifICally not intended to provide for
the safety of inhabitants before, during or after a natural man made disaster,
The funding provided by the Division of Emergency Management under this subgrant shall
compensate for the materials and labor for the installation of storm shutters and/or other
10
hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the
damage that might otherwise occur from severe weather or other hazards, The funding of this
project by the Department does not confer or imply any warranty of use or suitability for the work
performed pursuant to this agreement. The State of Florida disclaims al/ warranties with regard
to this mitigation project, express or implied, including but not limited to, any implied warranties
and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or
merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual
FEMA 361-Design and Construction for Community Shelter, and thus does not provide "near
absolute protection." It is understood and agreed by the Department and the Recipient that the
building may have vulnerabilities due to age, design and location which may result in damage to
the building from wind events even after the instal/ation of the mitigation measures funded under
this Subgrant Agreement. It is further understood and agreed by the Department and the
Recipient that the level of wind protection provided by the mitigation action, although meeting
State standards and codes and enhancing the structural integrity of the building, does not ensure
the safety of survival of building occupants.
11
Attachment E
Federa' Audit Requirements
If the Recipient is a State or loeal government or a non-profit organization as defined in
OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 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 Division by this Agreement. In
determining the Federal awards expended in its fiscal year, the Recipient shall consider all
sources of Federal awards. The determination of amounts of Federal awards expended should be
in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the
Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-
133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements relative to auditee responsibl/ltles as provided In Subpart C
of OMS Circular A-133, as revised.
If the Recipient expends less than $500,000 In Federal awards in its fiscal year, an audit
conducted in accordance with the proviSions of OMS Circular A-133, as revised, is not required.
In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year
and elects to have an audit conducted in accordance with the proviSions of OMS Circular A-133,
as revised, the cost of the audit must be paid from non-Federal resources (I.e., the cost of such
audit must be paid from Recipient resources obtained from other than Federal entities).
Copies of reporting packages for audits conducted in accordance with OMS Circular A-
133, as revised, and required by subparagraph (d) above shall be submitted, when required by
Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the Recipient directly to each
of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an .'ectronlc copy shalf a'so be submitted to aurt,ta.pamsh@dca.stat..fJ.usJ
and
Division of Emergency Management
Bureau of Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of
copies required by Sections .320(d)(1) and (2), OMS Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
12
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a
copy of the reporting package described in Section .320 (c), OMS Circular A-133, as revised, and
any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
[an electronic copy sha" also be submitted to aurlfla.parrfsh@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
13
Attachment F
Federal Recordkeep'ng
As applicable. Recipient's performance under this Agreement shall be subject to the federal
Common Rule: Uniform Administrative Requirements for State and local Governments" (53
Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of
Higher Education. Hospitals. and Other Nonprofit Organizations," and either OMS Circular No. A-
87, "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.
14
Attachment G
Federa' Standard Conditions
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 five-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;
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 20(h)2. of this certification; and
4. have not within a five-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
R~iplent shall attach an explanation to this Agreement.
In addition, the Recipient sha" submit to the Division (by emall or by facsimile
transmission) the completed MCertiflcatlon Regarding Debarment. Suspension, IneJigJblJlty And
Voluntary Exclusion- (Attachment K) for each prospective subcontractor which Recipient Intends
to fund under this Agreement Such form must be received by the Division prior to the Recipient
entering Into a contract with any prospective subcontractor.
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.
Unless Inconsistent with the public Interest or unreasonable In cost, all unmanufactured
and manufactured articles, materials and suppJ/es which are acquired for public use under this
Agreement must have been produced In the United States as required under 41 U.S.C. 10a.
15
Attachment H
Federal lobbying Prohibition
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 representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certiflcation is a prerequisite
for making or entering Into this transaction imposed by Section 1352, TItle 31, U.S. Code. Any
person who falls 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.
16
Attachment I
Federal Certification Regarding
Debarment, Suspension. Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient.
certifies. by submission of this document. that neither it nor its prinCipals is presently debarred.
suspended, proposed for debarment, declared ineligible. or voluntarily excluded from partiCipation
in this transaction by any Federal department or agency.
(2) Where the Recipient's contractor Is unable to certify to the above statement. the
prospective contractor shalf attach an explanation to this form.
CONTRACTOR:
By;
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
17
Attachment J
Federal Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations,
policies, guidelines and requirements, including OMS Circulars No. A-21 , A-110, A-122, A-128, A-
87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of
Federal funds for this federally-assisted project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970 (P-L 91-646) which provides for fair and equitable
treatment of persons displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees
of a State or local unit of government whose principal employment is in connection with an activity
financed In whole or In part by Federal grants. (5 USC 1501, at seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that Is
or gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine aU records, books, papers, or documents
related to the grant.
6. It will comply with all requirements Imposed by the Federal sponsoring agency concerning
special requirements of law, program requirements, and other administrative requirements.
7, It wll/ Insure that the facilities under Its ownership, lease or supervision which shall be utillzed in
the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA)
list of Violating Facilities and that it will notify the Federal grantor agency of the receipt ~ any
communication from the Director of the EPA Offlce of Federal Activities Indicating that a facility to
be used in the project Is under consideration for listing by the EPA
8, It will comply with the flood Insurance purchase requirements of SectIon 102(a) of the Rood
Disaster Protection Act of 1973, Public law 93-234,87 Stat. 975, approved December 31, 1976,
SectIon 102(a) requires, on and after March 2, 1975, the purchase ~ flood insurance In
communities where such Insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for use In any area that has been
identified by the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase "Federal financial assistance" includes any form of
loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting
with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to
identify properties listed in or eligible for inclusion in the National Register of Historic Places that
are subject to adverse effects (see 36 CFR Part BOO.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties and by (b) complying with all requirements
18
established by the Federal grantor agency to avoid or mitigate adverse effects upon such
properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as
appropriate; the provisions of the current edition of the Office of Justice Programs Financial and
Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars,
or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
Including Part 18, Administrative Review PrOCedure; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statisticsllnformation; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42, NondiSCrimination/Equal Employment
Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Polley Act; Part 63, Floodplain Management and Wetland Protection Procedures;
and Federal laws or regulations applicable to Federal Assistance Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of
the Omnibus Crime Control and Safe Streets Act eX 1968, as amended, 42 USC 3789(d), or
Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, ntle" of the Americans
with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part
42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28
CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the Grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where
the application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.l. 97-348) dated
October 19, 1982 (16 USC 3501 at seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
16. DRUG-FREE WORKPlACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the
Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees,
as defined at 28 CFR Part 67 Sections 67.615 and 67.620.
19
.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
CHARLIE CRIST
Governor
W. CRAIG FUGATE
Director
February 27, 2008
RETURN RECEIPT
CERTIFIED MAIL
Monroe County
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
Attn: Dave Koppel
Re: Agreement. 08-EC-30-11-54-01-039
Dear Mr. Koppel:
Enclosed Is your copy of the fully executed modification to extend the above referenced
agreement to Monroe County. Please make this modification a part of your agreement flle.
If you have any questions In this regard, please contact me by phone, 850-413-9920 or
by email ienene.he.ms@em.mvflorida.com
Sincerely,
~l~
Grants Administration Unit
Division of Emergency Management
Enclosure
\.....,
-_______ ---' u
------....----...
FLORIDA RECOVERY OFFICE. DIVISION HEADQUARTERS. STATE LOGISTICS RESPONSE CENTER
36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row
lake Marv. Fl 32748.6201 Tallahassee Fl 32399-2100 Orlando Fl32809-5631
~r.~., ~', ~.:"_:;'''''''.'-'J~~'''''''''.~ ~'~~l'~'
1'::.._....._. _
"-'.-.'_.~~~-'-~.~ .-',:.' "-f ,~ '~7::r .~~(-:':~'
Cfi -EC - ~t.. II ~Li -VI' "_~~'
Contract Number:07 CC 33 11 54 01-
STATE-FUNDED SUBGRANT AGREEMENT
Monroe County, (hereinafter referred to as the "Recipient").
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
funds to provide the services identified herein; and
A WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
B. WHEREAS, the DiYision has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the DiYision has authority to disburse the funds under this Agreement
pursuant to State Fiscal Year 2006 - 2007, Chapter 2006-71, Laws of Florida, Section b. The purpose of
state emergency operations centers.
this act implements provisions relating to county emergency operations centers and designated alternate
(1) SCOPE OF WORK.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
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 POLlC/E~
Both the Recipient and the Division 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.
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
This Agreement shall begin January 24, 2007, and shall end June 30, 2009, unless
(4) MODIFICATION OF CONTRACT
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.
(5) RECORDKEEPIN<;i
(a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement,
for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the Chief
Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working
papers are made available to the Division or its designee, the Chief Financial Officer, or Auditor General upon request for
a period of five 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 five year period and
extends beyond the five year period, the records wll/ 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 five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years after closing of title.
(b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to
be paid from funds provided under this Agreement, Including Supporting documentation of all program costs, in a form
sutticlent to determine compliance with the requirements and objectives of the Budget and Scope of Work _ Attachment A
- and all other applicable laws and regulations.
(c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, Its
employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during
normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents. shall include. but not be
limited to, auditors retained by the Division.
2
(6) 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 Division. "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 Division 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 nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the
following:
In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such
fiscal year in accordance with Section 215.97, Fla. St~t.; applicable rules of the Executive Office of the Governor and the
Chief Financial Officer; and Chapters 10.550 (Ioeal government entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the
Division by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall
consider all sources of State financial assistance, including State funds received from the Division, other state agencies,
and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and
resources received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure
that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting
package as defined by Section 215.97(2)(d), Fla. Sten. and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Fla. St~t. is not required. In the event that the Recipient expends less
than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the
3
information on the Florida Single Audit Act may be found at the following website:
cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional
provisions of SectIon 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the
ht!p:'wwws!af€ fl.us fsaa'3tatutes.html.
(e) Report Submission
response to all findings, including corrective actions to be taken.
1. The annual financial audit report shall include all management letters and the Recipient's
identifying all Agreement and other revenue by sponsoring agency and Agreement number.
2. The annual financial audit report shall include a schedule of financial assistance specifically
3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by
or on behalf of the Recipient directly to each of the following:
The Division of Community Affairs at each of the following addresses:
Division of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
{an electron'c copy shall a.so be submitted to aurllla.parrlshOdca.state.fI.us]
and
Division of Emergency Management
Bureau of Policy and Budget
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399~1450
4. Any reports, management letter, or other information required to be submitted to the Division
or the Department of Community Affairs pursuant to this Agreement shall be submitted timely in accordance with OMB
organizations), Rules of the Auditor General, as applicable.
Circular A-133. Florida Statutes, and Chapters 10.550 (loeal governmental entities) or 10.650 (nonprofit and for-profit
Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
5, Recipients, when submitting financial reporting packages to the Division or the Department of
4
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.
(f) 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 Division of
all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days atter
the Division has notified the Recipient of such non.compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an
independent certified public accountant (lPA) 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. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) At a minimum. the Recipient shall provide the Division with quarterly reports, and with a close-out
report. These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described In the Scope of Work and the expenditure of funds under this
Agreement, in addition to such other information as requested by the Division.
(b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each
quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30. September 30 and December
31.
(c) The close-out report is due 60 days after termination of this Agreement or upon completion of the
activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed
in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take
such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product
was completed in accordance with the Budget and Scope of Work.
5
the Division.
(e) The Recipient shall provide such additional program updates or information as may be required by
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors,
subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are
met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals
stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A
to this Agreement. and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section
215.97. Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be
limited to, on-site visits by Division 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 all monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope
audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the
Division 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 Chief Financial Officer or Auditor Genera/' In
addition, the Division will monitor the performance and financial management by the Recipient throughout the contract
term to ensure timely completion of all tasks.
(9) L/ABILlT'(.
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28. Fla. Stat" the
Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and
shall hold the Division 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
Division, 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 Division, and agrees to be liable for any damages proximately caused by said
6
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.
(10) DEFAULT.
If any of the following events Occur ("Events of Default"), all obligations on the part of the Division to make
any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option,
exercise any of its remedies set forth in Paragraph (11), but the Division 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:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement
with the Division 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 obligations, terms or covenants contained in this Agreement or any previous agreement with the
Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall OCcur In the financial condition of the Recipient at any time
during the term of this Agreement, 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 Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of Its obligations under this
Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar
days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period,
exercise anyone or more of the following remedies, either concurrently or consecutively:
(a) 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 (13) herein;
7
(b) Commence an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of aft or any part of a request for payment;
(d) 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,
2. issuing a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. advising the Recipient to suspend. discontinue or refrain from incurring costs for any activities
in question or
4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items
determined to be ineligible;
under the program laws, rules and regulations governing the use of funds under this program;
(f) Exercise any other rights or remedies which may be otherwise available under
(e) Require that the Recipient return to the DIvision any funds which were used for Ineligible purposes
law;
remedies contained herein or otherwise provided at law or In equity. No waiver by the Division of any right or remedy
(g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other
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 Division hereunder. or affect the subsequent exercise of the same right or remedy by the
Division for any further or subsequent default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. 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.
discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole
expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice.
8
(c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by
procedures for proper closeout of the Agreement.
writ1en amendment of this Agreement. The amendment shall establish the effective date of the termination and the
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will
cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination
will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of
any breach of Agreement by the Recipient. The Division 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 Division from the Recipient is
determined.
(13) 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, retum 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 Division contract manager for this Agreement is:
Jenene Helms
Division of Emergency Management
Bureau of Policy and Budget
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
Telephone: 850-413~9920
Fax: 850-488-7842
Emall: ienene.helms@em.mvtlorida.com
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Dave Koppel, Engineer
Monroe County
110 Simonton Street
Key West, Florida 33040
Telephone: 305-292-4426
Fax: 305-295-4321
Email: Koppel-Dave@monroecountv_flaov
of this Agreement, notice of the name, title and address of the new representative
(d) In the event that different representatives or addresses are designated by either party after execution
will be rendered as provided in (13)(a) above.
9
(14) SUBCONTRACTS
If the Recipient subcontracts any or a/l of the work required under this Agreement. a copy of the unsigned
subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the
Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this
Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Recipient harmless against a/l claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each
subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report
submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or
inconsistency,
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Warranties and Representations
(17) FUNDING/CONS/DERA nON
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the
satisfactory perlormance of work hereunder in an amount not to exceed $1.029,547 subject to the availability of funds.
10
advance payment needed and provide an explanation of the necessity for and proposed use of these funds.
justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of
months of the contract term. It an advance payment is requested. the budget data on which the request is based and a
amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3)
contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The
(b) Any advance payment under this Agreement is subject to Section 216.181 (16). Fla. Stat.... and is
1. No advance payment is requested.
2.
An advance payment of $
is requested.
(c) Atter 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.
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 Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part
of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout
report within thirty (30) days of receipt of notice from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of
UDepartment 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 Fl32399-2100
Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face
In accordance with Section 215.34(2), Fla. Stat.. if a check or other draft is returned to the Division for collection,
amount of the returned check or draft, whichever is greater.
(19) VENDOR PAYMENT~.
with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division
receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance
Pursuant to Section 215.422, Fla. Stat.. the Division shall issue payments to vendors within 40 days after
J J
paying mterest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within
15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance
by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(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 Division 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 Division and with thirty (30) days written notice to the Recipient. cause the termination
of this Agreement and the release of the Division 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) Any power of approval or disapproval granted to the Division 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.
( e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 1 01 ~336, 42
U.S.C. Section 12101 ~), 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
telecomm unications.
(f) 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,
12
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 penod of 36 months from the date of being placed on the convicted vendor list or on the discriminatory
vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide 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 award or perform work as a contractor, Supplier, subcontractor, or consultant under contract with any public
entity, and may not transact business with any public entity.
(h) 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.
(i) All bills for tees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper preaudit and postaudit thereof.
(j) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with Section 112.061, Fla. Stat.
(k) The Division 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. St~f., and made or received by the Recipient in conjunction with this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Division or be applied against the Department's obligation to pay the
contract amount.
(m) 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
V.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")}. The Division 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.
13
(n) The Recipient is subject to Florida's Government in the Sunshine law (Section 286.011, Fla. Stat. )
with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All such meetings shall be publicly noticed, open to the public. and the
minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat.
(21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division 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.
(22) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED
BY THE RECIPIENT TO THE STATE OF FLORIDA.
(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-existlng 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 Division 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 Division shall then, under Paragraph (b),
have the right to all patents and copyrights which accrue during performance of the Agreement.
J4
(23) PROPERTY MANAGEMENT.
(a) Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subject to
conditions ot this section. The Recipient must continue the operation, maintenance, repair and administration of any
equipment or other personal property purchased under this Agreement in accordance with the purposes for which the
funds were originally appropriated and for the period of time expressly specified in the Agreement or, failing to do so, the
Recipient must return to the Division the subgrant funds used to purchase the property.
(b) The Recipient shall not use equipment acquired with State funds to provide services to non-State
outside organizations for a fee that is less than private companies charge for equivalent services. unless specifically
authorized by Florida statute. for as long as the State retains an Interest in the equipment.
(c) The Recipient shall use the equipment in the project or program for which it was acquired as long as
needed, whether or not the project or program continues to be supported by State funds and shall not encumber the
property without approval of the Division. When no longer needed for the original project or program, the Recipient shall
use the equipment in connection with its other State~sponsored activities. in the following order of priority: (i) Activities
sponsored by the Division, then (ii) activities Sponsored by other State agencies.
(d) During the time that equipment is used on the project or program for which it was acquired. the
Recipient shall make it available for use on other projects or programs If such other use will not interfere with the work on
the project or program for which the equipment was originally acquired. First preference for such other use shall be given
to other projects or programs sponsored by the Division; second preference shall be given to projects or programs
sponsored by other State agencies. If the equipment Is owned by the State of Florida. use on other activities not
sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as
program income.
(e) When acquiring replacement equipment, the Recipient may use the equipment to be replaced as
trade-in or sell the equipment and use the proceeds to offset the costs of the replacement equipment subject to the
approval of the Division.
15
equipment shall include all of the following.
(f) The Recipient's property management standards for equipment acquired with State and State-owned
(1) Equipment records shall be maintained accurately and shall include the following information.
(i) A description of the equipment.
(ii) Manufacturer's serial number, model number, Federal stock number, national stock number,
or other identification number.
(iii) Source of the equipment, including the award number.
(Iv) Whether title vests in the Recipient or the State of Florida.
cost.
(v) Acquisition date (or date received, if the eqUipment was furnished by the State of Florida) and
(vi) Information from which one can calculate the percentage of State participation in the cost of
the equipment (not applicable to equipment furnished by the State of Florida).
(vii) location and condition of the equipment and the date the information was reported.
(viii) Unit acquisition cost.
(Ix) Ultimate disposition data, including date of disposal and s(/x) Ultimate disposition data,
including date of disposal and sales price or the method used to determine current fair market value
where a Recipient compensates the Division for its share.
(2) Equipment owned by the State of Florida shall be identified to indicate State ownership,
(3) A physIcal inventory of equIpment shall be taken and the results reconciled with the equipment
records at least once every two years. Any differences between quantities determined by the physiCal Inspection
and those shown in the accounting records shall be investigated to determine the causes of the difference. The
Recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for
the equipment.
(4) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of
the equipment. Any loss, damage. or theft of equipment shall be investigated and fully documented; if the
equipment was owned by the State of Florida, the Recipient shall promptly notify the Division.
(5) Adequate maintenance procedures shall be implemented to keep the equipment in good condition.
(6) Where the Recipient is authorized or required to sell the equipment, proper sales procedures shall be
established which provide for competition to the extent practicable and result in the highest possible return.
accordance with the following standards. For equipment with a current per unit fair market value of $5000 or more, the
(g) When the Recipient no longer needs the equipment, the equipment may be used for other activities in
J6
Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of
days after the Recipient's request and the following procedures shall govern.
equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar
reported to the Department of Management Services by the Division to determine whether a requirement for the
to meet the Division's requirements. If no requirement exists within that agency, the availability of the equipment shall be
shall request disposition instructions from the Division, The Division shall determine whether the equipment can be used
program to the current fair market value of the equipment. If the Recipient has no need for the equipment, the Recipient
compensation shall be computed by applying the percentage of State participation in the cost of the original project or
(1) If so instructed or If disposition instructions are not issued within 120 calendar days after the
Recipient's request, the Recipient shall sell the equipment and reimburse the Federal awarding agency an
amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the
original project or program. However, the Recipient shall be permitted to deduct and retain from the State share
$500 or ten percent of the proceeds, whichever is less, for the Recipienfs selling and handling expenses.
(2) If the Recipient is instructed to ship the equipment elsewhere, the Recipient shall be reimbursed by
the State of Florida by an amount which is computed by applying the percentage of the Recipient's participation
in the cost of the original project or program to the current fair market value of the equipment, plus any
reasonable shipping or interim storage costs incurred.
(3) If the Recipient is Instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed
by the Division for such costs incurred in its disposition.
(4) The Division may reserve the right to transfer the title to the State of Florida or to a third party named
by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to
the following standards.
(i) The equipment shall be appropriately identified in the award or otherwise made known to the
Recipient in writing.
(ii) The Division shall issue disposition instructions within 120 calendar days after receipt of a final
inventory. The final inventory shall list all equipment acquired with grant funds and federally-owned
equipment. If the Division fails to issue disposition instructions within the 120 calendar day period, the
Recipient shall apply the standards of this section, as appropriate.
(iii) When the Division exercises its right to take title, the equipment shall be subject to the provisions for
State-owned equipment.
(24) LEGAL AUTHORIZATION.
funds to be provided under this Agreement and that, if applicable. its governing body has authorized, by resolution or
The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the
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this Agreement.
Recipient also certifies that the undersigned pOssesses the authority to legally execute and bind Recipient to the terms of
otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The
(25) ASSURANCES.
hereto have caused this contract to be executed by their undersigned officials as duly authorized.
The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF, the parties
~~4~
Name and title: Mario DiGennaro,
=
MONROE COUNTY ATTORNEY
I.\PPAOVE~ A;S j.q FORM:
'}/:L.~~~ ~)Q;~
~~ATILEeNE W. CASSf:L.
ASSISTANT COUNTY ATTOFiNEv
Oat. I.- .~, .~.. 7
Mayor
Date:
SAMAS #
FID#
59-6000749
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June 20, 2007
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
~,
By: ~~:.J
Name and Title: \!V.l~~ F"vSC"--k, b\~c~('
Date: ~/L' /.....,
18
EXHIBIT - 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
State Project
State of Florida - Division ot Emergency Management
CSFA # 52.010
$1,029,547
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
List applicable compliance requirements as follows:
1. First applicable compliance requirement (e.g., what services/purposes resources must be used for).
2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources).
3. Etc.
8/;Jte awarding _ncy may eJect to use /;Jnguage that requires the recipient to comply with the requirements 01 applicable
provisions of specific laws, rules, regulations, etc. NOTE: Instead of listing the specific compliance requirements as
shown ebove, in the example, the lengu_ mey state that the recipient must comply with a specific lew(s), ruIe(s), or
regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made.
The State awarding agency, if practical, may want to attach a copy of the specific law. rule, or regulation referred to.
NOTE: Section .400(d) of OMS 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.
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Attachment A
Budget and Scope ot Work
I. SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be
consistent with Section 1(1), Ch. 2006-71, laws of Florida. Grant funds shall not be used for land acquisition; purchase of
equipment, furnishings. communications, or operational systems; or recurring expenditures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing;
necessary permits and fees; civil and service uti/ities site work; construction of the building's substructure, superstructure.
shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing. electrical, conveying and
security systems; lightning protection; and redundant infrastructure systems (e.g., electric generator, un interruptible power
supply, potable water and wastewater systems, etc.).
B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP)
application, benefit-cost analysis, environmental review and such other documentation as necessary to determine
eligibility and allowable costs under said grant program.
C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate
of Occupancy the EOC will be dedicated tor emergency management purposes. The EOC shall remain demonstrably
capable of being fully activated within one (1) hour at detection of an emergency; reference Aule Chapter 00-6, Florida
Administrative Code, UEmergency Management Capabilities Assessment Checklist."
D. The EOC shall be constructed with sufficient space to house people and equipment tor day-to-day and sustained
continuous emergency operations, and capable ot full staffing for the most extensive emergency anticipated. At a
minimum, the designated EOC functional area(s), and essential shared~use area(s) if applicable, shall be designed for an
emergency operations staff size of 2Z persons per shift and a workspace floor area of ~ gross square feet.
E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane
Evacuation Shelter Selection (ARC 4496).
F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major
hurricane. The wind load design requirements shall be In accordance with the American Society of Civil Engineers
(ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall
Include:
Design Wind Speed = 225 miles per hour (3 second gust)
Wind Importance Factor. 1= 1.00
Exposure Category = C
Directionality Factor, Kd = 1.00
Internal Pressure Coefficient, GCp; = +/_ 0.18
All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater
intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22
gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. loose roof ballast shall not be
used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria.
G. The EOC and essential ancillary structures and service equipment shall resist penetration by windborne debris
impact. At a minimum, all exterior enclosure components, claddings and assemblies (i.e.. walls, roofs, louvers. windows,
doors. etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria
20
specified in Ihe Depanmenl 01 Energy's (DOE) Slandard, Natural Phenomena Hazards Design and Evaluation Criteria,
OOE-STD-l020-2002. ThaI is, Ihe building enciosure musl resisl penelralion by a nominal 2"'4" lumber plank weighing
15 pounds propelled alSO miles per hour (74 feel per seCOnd) slriking end.on and normal 10 Ihe assembly suriace, or
equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with
recognized sfale and nalional slandards; sueh as, Test Standard for Determining tmpact Resistance from Windborne
Debris SSTD 12, American Sociely ot Tesfing and Malerials (ASTM) SIandards ASTM E 1886 and ASTM E 1996, and
Florida Building Code Tesling Prolocols TAS 201, TAS 202 and TAS 203. The impacf lesl procedures may be modified
as necessary to accommodate the required missile weight and velocity.
H. The followln9 information relaled 10 wind loads and flooding shall be shown on the conslruction drawings: ,. wind
design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, t. 4. design wind
exposure category; 5. wind directionality factor, Kd; 6. design internal pressure coefficient, GCp,; 7. design wind pressures
In lerms of pounds per square foot (psf) fa be used lor Ihe design of e"erior component and cladding materials nol
specilically designed by the principal licensed design professional; 8. windborne debris impact periormance criteria; 9.
finish floor elevation measured relative lolhe Nafional Geodetic Vertical Datum (NGVD); and comparison reference ot the
finished floor elevation fa fhe base lIood elevallon, or historical flood elevation if base flood elevalion is not defermined.
I. The Iowesf floor for the EOC and essential ancilla/}' SfrUctures and service equipment shall at a minimum be
etevated above: Category 5 hUrricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet;
the 500-year (0.2 percent annual chance) flood elevation (if delermined) plus two (2) feel; the highest recorded flood
elevalion plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (pOint
maximum, one square mile) hydrotogic design shall ensura that the EOC and assential ancUtaty structures and service
equipmenl are not flooded due to a 24 hour, 37.0 inch rainfall evenl applied OVar a precedant 24 hour, l00-year rainfall
event.
J, Where seconda/}' (emergency) root drains or scuppers are required by the Florida Building Coda-Ptumbing, tha
secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour.
K. The EOC shall be designated as a thrashold buitding, and speclat structUral inspections raquirad. Special
inspections shall be conducted in compliance with section 553.79, Florida Statutas and other applicable stalutes, laws and
rules.
l. Tha EOC shall al a mtnimum be designed for 72 hours of sell-contalned continuous operation and shall not be
solely reliant upon off-site services and utilities (e.g., water, natural gas fuel, electricity, etc.)
M. Force protection and security measures shall be conSistent with the guidance published in Florida's Hometand
Security Comprehensive Assessment Modet (HlSCAM), United States Air Force Installation Force Proteclion Guide, or
other federal or state recognized best-practices gUide(s) as approved by the Division.
N. The RecipIent shall provida an inmal tlmeline and estimaled reimbursement allocalion Schedule. Table SW-l,
"Initial Timelina and Estimated Reimbursemant Allocation Schedule" or other similar instrumenl as apprOVed by the
Division may be used.
0, During design and conslruellon phases of tha EOC project, the Reciplenl shall Irack and provide construction cost
data for Ihe designaled EOC araa as detailed in Table SW -2, "COSI Dala lor COUnly Emergency Operations Cenler."
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