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Item C01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19. 2009 Division: Emergency Services Department: Emergency Management f . " Bulk Item: Yes ~ No Staff Contact Person: Jose Tezanos AGENDA ITEM WORDING: Ratification of the signing of an Award letter by the Mayor accepting additional Federal funds in the amount of $49,206.00 as a Modification to the Emergency Management Base Grant Agreement # 09~ BG-03 -11- 54~0 1-169 in the amount of $98, 726. 00; and authorization for the County Administrator to execute any other required documentation in relation to the application process. ITEM BACKGROUND: These funds are appropriated annually from the Florida Emergency Management, Preparedness, and Assistance Trust Fund and allocated to local emergency management agencies and programs. This Award letter increases our County's total amount of funding under the Base Grant Agreement to $147,932.00. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the State portion of the Base Grant Agreement # 09-BG~03-11-54-01-169 on the October 15, 2008 meeting. This grant has been approved each year since 1994. CONTRACT/AGREEMENT CHANGES: Increases the total amount of funding under this Agreement by $49,206.00. STAFF RECOMMENDATIONS: It is appropriate to accept Modification to Base Grant Agreement # 09-BG~03-11-54-01-169. OMB should increase project GE0902 by amount awarded. TOTAL COST: NONE BUDGETED: Yes No ---X COST TO COUNTY: NONE SOURCE OF FUNDS: Grant REVENUE PRODUCING, Yes _ ;1O..x AMOUNT PER MONTII_ Year 49.206.00 APPROVED BY: County Atty.q OMB/Purchasing X Risk Management-X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS . CONTRACT SUMMARY Contract with: Florida DCA DEM Contract #09-BG Effective Date: Expiration Date: 03-11-54-01-169 October 1, 2007 September 30, 2008 Contract Manager: Jose Tezanos (Name) 6325 (Ext.) 14 (Department/Stop #) for BOCC meetin on August 19, A enda Deadline: Au st 4,2009 CONTRACT COSTS Total Dollar Value of Contract: $ 49,206 Budgeted? YesO No [2;J Account Codes: Grant: $ 49,206 County Match: $ 0 Current Year Portion: $ 29,629 GE0902-510120-______-______-______ - - - - ----- - ... - - --~--- - - - - ------~- ADDITIONAL COSTS Estimated Ongoing Costs: $______/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed r:-1/ ~~ew / Division Director ______ YesO Nolf1'" c:~ " ~ 't..p---- Risk Man.~ement I4iP-di YesD No~ ~!\ -- -- JkB/Pu~C~~ing ~~YesDNo~ - t---::~ CountyAttomey ,~~ YesDN00 (J~fM Comments: Date Out OMB Form Revised 2/27/01 MCP #2 ...,.. L~ .-.1;' STATE OF FLORIDA o I V I S ION 0 F E-M ERG ENe Y MAN AGE MEN T CHARLIE CRIST Governor RUBEN D. ALMAGUER Interim Director June 22, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Monroe County Emergency Management 490 63d Street Ocean Suite 150 Marathon, Florida 33050 Attn: Irene Toner Re: AWARD Letter Agreement # 09-BG-03-11-54-01-169 Dear Ms. Toner, In accordance with Paragraph 17(d) of the above reference Agreement, this award Letter serves as a legal modification to your Base Grant Agreement. This Award Letter provides Federal funds to your County in the amount of $49,206. These funds continue to require a dollar for dollar non-federal match. Please ensure that your County can provide the required additional match before accepting these funds. This Award letter increases your County's total amount of funding under this Agreement to $147,932. You must return the attached budget form (Attachment A-1) showing the anticipated expenditure of the Federal funds. All other terms and conditions of the Agreement shall remain in full force and effect. Please make this a part of your Agreement File. Should the County not wish to accept these additional funds, then the County must provide notice to the Divisio.n within thirty (30) days of receipt of this Award Letter. Otherwise the County shall provide to the Division its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. In accordance with Paragraph 17(d) of the above referenced Agreement, the terms of this Agreement shall be considered to have been modified to include the additional funds upon receipt by the Division of the written notice of acceptance. F LOR I D ARE C 0 V E R Y 0 F F ICE . D I V I S ION HE A D QUA R T E R S . STATE LOGISTICS RESPONSE CENTER 36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row Lake Mary, FL 32746-6201 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 850-413-9969 . Fax: 850-488-1016 wwwFloridaDisaster.orc County EM Director Page Two It is important to note that in previous years' agreements, both the state Emergency Management Preparedness and Assistance (EMPA) and federal Emergency Management Performance Grant (EMPG) portions of the Agreement would have ended on September 30 of that year. Under this year's modification, the EMPG portion of this Agreement in the amount of $49,206 will have until June 30, 2010 to be expended. The remaining EMPA portion of this Agreement must be expended on or before September 30,2009. You may indicate your acceptance of these funds by signing and returning this Award Letter with the attached budget page to Donald Kunish, Florida Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Respectfully, Ruben D. Almaguer, Interim Director Division of Emergency Management RDA/ Attachment ..............................................................................1 I accept the additional funds and agree to all terms and conditions as set forth in the EMPA Base Grant Agreement. Cou nty: Authorized Official: Title: Date: MONROE COUNTY ATTORNEY f~ROVED_ASi~~ g~~L. HALL ASSISTANT COUtiTY ATTORNEY Date ~ p ~ l.(- ;"009 Attachment A-1 Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Performance (EMPG) Federal portion of this subgrant only (Paragraph (17)(d), FUNDING/CONSIDERATION). CateQorv Anticipated Expenditures Amount Salaries/Fringe Benefits $ 4-9 ( J-6 (p Other Personal Services $ Expenses $ Operating Capital Outlay $ Fixed Capital Outlay $ Management & Admin. Costs (not to exceed 3%) $ Total Federal Funds $ q~ .1-0 (; " . (~.. County: Monroe Agreement No: 09-BG-03-11-54-01-169 REVISED EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program $49,206 CFDA: 97.042 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES .AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Chapter 252, Florida Statutes Rule Chapters 9G-6, 9G-11, and 98-19, Florida Administrative Code 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 44 CFR, Part 302 OMB Circular A-8? and A-133 48 CFR, Part 31 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project (list State awarding agencYl Catalog of State Financial Assistance title and number) State Awarding Agency: Division of Emergency Management Catalog of State Financial Assistance Title: Emergency Management Programs Catalog of State Financial Assistance Number: 52008 State Grant Amount: $101,573 (minus deduction of $2,847 mos. satellite service) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. : Contract Number: 09-BG-0311-54-01-_ STATE and FEDERALL V-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division 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 below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF lAWS. RULES. REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment C. (3) PERIOD OF AGREEMENT. This Agreement shall begin on October 1, 2008 and shall end on September 30,2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request mo~ifidation of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal Common Rule: Uniform Administrative Requirements for State and local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." Ifthis Agreement , ' 1 is made with a commercial (for-profit) drganization on a cost-reimbursement basis:the Recipient shall be . subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period offive years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. if any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained 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 it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) 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 documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at re~sonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily 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. (6) AUDIT REQUIREMENTS For Federal Funds: (a) The Recipient agre~s 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 reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 2 (d) If the Recipient is a' State or local government or a non-profit organ1zation as definea . in OMS 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 OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the 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, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS 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 for auditee responsibilities 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 OMB 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 chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at each of the follOWing addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy.to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management I. (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 3 Other Federal agencies and pass-through entities in accordance with Sections .320 (e)'and (f), OMS Circular A-133, as revised. (f) Pursuant to Section .320 (t), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. ~h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMS Circular A-133 or Chapters 10.550 ~Iocal governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed 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 days after the Division has notified the Recipient of such non-compliance. G) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the au'd'it complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. For State Funds: (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. 4 (b) These records shall be available at reasonable times for inspection, review, or audif by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: If the Recipient expends a total amount of State financial assistance equal to or more than $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. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include 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 conn'ection 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(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. 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. Stat, is not required. In the event that the Recipient expends less than $~OO:o'oo in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the proviSions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonsti3.te entity's resources (I.e.: the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http://www.state.f1.us/fsaa/statutes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 5 3. Copies of financial reporting packages required under this Paragraph 6 shalf . be submitted by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.usJ and Division of Emergency Management 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 on time as required under OMB Circular A-133, Florida Statutes, and Chapters 10.560 (local governmental entities) or 10.650 (nonprofit and for-profit orga~izations), Rules of the A~ditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreen:'en't; 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 days after the Dil{ision 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 (JPA) 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. 6 (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and acrose-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 any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent 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 crose-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies 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 other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports ~lnd in~ormatjon identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits condu,cted' in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agree$ to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. 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. 7 (9) LIABILITY :- (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent ofthe Division, but is an independent contractor. (b) Any ReCipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Star., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. 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 (1 0) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without 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 is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition ofthe Recipient at any time during the term of this Agreement and th.e Re'cipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports requir~d 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 on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following remedies, either concurrently or consecutively: 8 (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate [egal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or Jack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may termin~te (his Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal b~ the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. StaL, as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. 9 (d) In the event that this Agreement is terminated, the Recipientwill nof 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 receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until 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, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Jenene Helms Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-413-9920 Fax: 850-488-4198 Email: ienene.helms@em.mvflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Irene Toner Monroe County Emergency Management 490 63rd Street Marathon, Florida 33050 Telephone: 305-289-6065 Fax: 305-289-6333 Email: toner-irenecw.monroecountv-fI.Qov (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be prOVided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Aareement. a COpy of the unsianed subcontract must be forwarded to the Division for review and approval before it is executed bv 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 all 10 claims of whatever nature arising out of the subcontractor's performance of work under"this Agreement, 'to ~:- . . the extent allowed and required by law. The Recipient shall document in the quarterly report the . subcontractor's progress in performing its work under this Agreement. 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. (b) In the event of any inconsistencies or contlict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A and A-I - Scope of Work Attachment B - Budget Attachment C - Program Statutes, Regulations and Program Requirements Attachment D - Reports Attachment E - Justification of Advance Attachment F - Warranties and Representations Attachment G - Certification Regarding Debarment Attachment H - Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $98,726, subject to the availability of funds. . . (b) By its execution of this Agreement, the Recipient also authorizes the Division to pay on its behalf $2,847 for the recurring chfjlrges for the satellite communications service from the total allocation provided to Recipient of $1 01 ,573. (c) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A~87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as 11 Attachment E. Attachment E will specify the amount of advance payment needed and provide an ' explanation of the necessity for and proposed use of these funds. . An advance payment of $ is requested (d) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A and B of this Agreement If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (20)(h) of this Agreement, all obligations on the part of the Division to make any fo"rther payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. The amount of funds available pursuant to this rule chapter (Rule Chapter 9G~19.011, Florida Administrative Code) may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests received after October 31,2009, may, in the discretion of the Division, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. Changes to the amount of funding to be provided may be accomplished by notice from the Division to the Recipient, in the form of certified mail, return receipf requested. The Division may make an award of additional funds by subsequent Award Letter certified mail. return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above. Should the Recipient determine it does not wish to accept the award of additional funds, the Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Division its written notice of acceptance within forty-five days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Division's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The bUdget form will be provided by the Division when the offer of additional funds is /" made. All funds received hereunder shall be placed in an interest~bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. 12 The Recipient shalf comply with alf applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of , funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes. shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 9G-19, Florida Administrative by its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. All payments relating to the Agreement shall be mailed to the following address: (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the following address: Dep'artment of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399~2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. 13 (19) MANDATED 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 later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty 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 be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be 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 term of this Agreement. (d) This 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 101-336, 42" U.S.C. Section 12101 et seo.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfor~ work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 I)lonths from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, 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 fraud or a criminal offense in connection with obtaining, 14 attempting to obtain, or performing a pUblic (federal, state or local) transaction or contract under public: transaction; violation of federal or stale antitrust statutes or commission of embezzlement, theft, fqrgery, bribery, falsification or destruction' of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civiffy charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(9)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. Jf the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation tdthis Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is continQent upon an annual appropriation bv the Legislature, and subiect to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services of expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. U) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under 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 Division's obligation to pay the contract amount. I ' (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 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (UlNA")]. 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 Division. (n) The Recipient is subject to FJorida'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 15 any subcommittee making recommendations to the governing board. All of thes'e meetings shall lie publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (0) All unmanufactured and manufactured articles, materials and supplies 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, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used dlrectly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, 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 Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcqntra;cts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a mqterial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) 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 16 OF THIS AGREEMENT ARE HEREBY TRANSFERRED BYTHE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipieht has a pre~existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre.existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the ReCipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating 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 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. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 17 .----', ~.......---- (23) ASSURANCES. The Recipient shaff comply with any Statement of Assurances incorporated as "- Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: MONR7UNTY /2 Bij;!d.t/[~? Name and title: Date: October 15, 2008 FID# 5"0/ - bDfJ(J - 74q STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT (SEAL) G~ ATTEST: DANNY L. KOLHA \ _ \ (') , {L Q "t9.'l.~Cl' Y\' *(,0-"" B~:::"~- - DEPUTY CLERK. Name and Title: W. Craiq Fugate. Direct Date: ! ).. wt{.() t:f , . I' 18 EXHIBIT - 1 THE FOllOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal Agency: U.S. DHS/FEMA (Department of Homeland Security/Federal Emergency Management Agency) Catalog of Federal Domestic Assistance title and number: EMPG/97.042 (Emergency Management Performance Grant) Award amount: (Federal funds will be awarded at a later date) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable at this time. Federal funds will be awarded at a later date within this contract year. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Division of Emeraencv Manaaement Catalog of State Financial Assistance Title: EmerQencv Manaaement ProQrams Catalog of State Financial Assistance Number: 52008 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS , . AGREEMENT ARE AS FOllOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G~19, Florida Administrative Code. Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county emergency management plans and programs. Eligible recipients for these funds are the 67 Florida counties. 19 Attachment A and A-1 Scope of Work Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G~6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique thr"eats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Division and attached hereto as Attachment A-1. 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I:::~ ~] Il.l Qj 0 0 's ii~ ~:.=l .2: ., > oj ,. ..... oj "0 Il.l d .- <1.l ,_ .~ dB o oj ~.o g 1) ..... ..... g:J 3 .g ~O d'- 0 ..J:l 8 \l.l lI.l 0 OCQ ;::JZU lZl t:\..,~ ~ E:: ~OO 01 ('<) Attachment B Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a), FUNDIN.GI CONSIDERATION). A separate budqet form for the Emerqencv ManaQement Performance Grant (EMPG) portion of this subQrant will be provided when federal funds are awarded bv the Division .. CateQorv Anticipated Expenditure Amount Salaries/Fringe Benefits $ Cf8,72fo.OO Other Personal Services $ Expenses $ Operating Capital Outlay $ Fixed Capital Outlay $ , . Total State Funds $ 9B~7~6. DO . (see section 17 - Funding/Consideration) I' 33 Attachment C Program Statutes, Regulations and Program Requirements Proqram Statutes 1. Chapter 252, Florida Statutes 2, Rule Chapters 9G-6, 9G-11, 9G-19 and 9G-20, Florida Administrative Code 3. 48 CFR, Part 31 Proqram Requirements . (1) EQUIPMENT AND PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station and related equipment (hereinafter "the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), and the Division, (a copy of which is available from the Division) regarding the procurement and use of the Equipment: and. (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Division) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Division, the Recipient and other sites. In particular, the Recipient agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, mainte~;3nce or the like, shall be communicated directly and exclusively to the Division's State' Warning Point (SWP) (850) 413-9910, B. That the Recipient will assis't 'and comply with the instructions of the SWP and any technical service representative responding to the report or service request. Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, trouble- shooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Division. 34 D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and w[IJ arrange permitted access to areas of third~party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service represen- tatives and others performing said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Division is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Division agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. F. That any software supplied in ,connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Division's vendor(s). Tne use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Division to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, 35 directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Division pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4,3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the Recipient by the Division under this Agreement, or from any cause other than intended and ordinary use. 2, Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocatip!1, or removal of the Equipment or any accessories, attachments or other devices. The Recipient shall be independently responsible for any and all charges not part of the initial service order. (2) NAWAS The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security product that shall be monitored 24 hours a day/365 days a year. The U. S. Department of Homeland 36 Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections and handsets are the responsibility of the recipient. (3) VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures. (4) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the gecipient sh,all utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-1 02 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. , ' (d) Equipment purchased under the "terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policitls and procedures. (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. 37 ( (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside t~e emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive j:;:mergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full~time Director consistent with Rule 9G-19.002(6), Florida Administrative Code. 6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty~ five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Division, (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. (c) Food and beverages may be purchased for Emergency Management personnel and other personnel only if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. 38 (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s,252.38, Florida Statutes. , ' 39 Attachment 0 Reports ; A. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Division's Area Coordinator, and a final close- out report, all in a format to be provided by the Division. 8, Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Divj_~ion no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due thirty days after termination of this Agreement. D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida Administrative Code, historical budgetary information relating to the Recipient's Emergency Management Program is also required.. This information l?hall b.e developed based on guidelines provided by the Department and shall be submitted to the Division electronically no later than December 31,2008. In addition, the funds associated with the 2007 EMPG Supplemental and the additional 2008 EMPG funds must be included on this form. The Historical Information form must be prepared and siqned by an official of the County's Finance Office. E. In a format provided by the Division, a proposed staffing summary shall be submitted to the Division not later than December 31,2008. " F. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the DiYision, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10), (11) and (12), and Rule 9G-19.014, Florida Administrative Code. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G, Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Division. 40 :- H. All report formats provided by the Division shall be made available to the Recipient on the" Division's Internet site and a hard copy will be mailed with a fullv executed copy of the Aqreement. I" 41 Attachment E JUSTIFICA TION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. [ ] ADVANCE REQUESTED [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis, No additional infonnation is required. Advance payment of$ is requested, Balance of payments will be made on a reimbursement basis, These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET rfyou are requesting an advance, complete the following worksheet (A) (B) (C) (D) DESCRIPTION FFY 2006 FFY 2007 FFY 2008 Total , 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES! 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) . 1 First three months exp enditu res need only be provided for the years ill which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 DEM Award (Do not include any match) MAXIMUM ADVANCE 42 ~ REQUEST FOR WAIVER OF CALCULATED MAXIMUM Recipient has no previous DEMlDCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional ci'"cumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 200_-200_ Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: , ' 43 Attachment F Warranties and Representations Financial Manaqement Recipier:t's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities, These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to perfor.mance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMS cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The ReCipient shall be alert to conflicts of int13rest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill 44 Attachment H 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,e1. seq.) 3. It,will comply with the minimum wage and maximum hour's prov.isions.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 Comp,t~oller General, through any authorized representative, access to and the right to examine all 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 will insure that the facilities under its ownership, lease or supervision which shall be utilized 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 of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood 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 of 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 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements 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 wilt 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 Statistical Information; 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 Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 48 / ( 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 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, Title II 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 r.egulations on disability discrimination, 28 CFR Part 35 and Part 39. : 13. In the event a Federal o[.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 wiff 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 et seq.) which prohibits the expenditure of mQst 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. 49