Item C35 C35
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: C35
2023-1684
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight
N/A
AGENDA ITEM WORDING: Approval of grant agreement F0121 with the Florida Division of
Emergency Management to receive state funded appropriations for Local Emergency Management and
Mitigation Initiatives assistance number 31.064 in the amount of$6,245,000.00 with no local match
required over a period of time beginning October 18, 2023 and shall end on March 21, 2027.
ITEM BACKGROUND:
The State of Florida appropriated an additional $6,245,000.00 to Monroe County for the new
Emergency Operations Center in Marathon through a new grant(Grant# F0121). The Florida Division
of Emergency Management (DEM)will administer the funds to the County through a reimbursement
grant program beginning October 18, 2023 and shall end on March 21, 2027. There is no local match
for this grant. The State Funded Grant Agreement between DEM and the County attached as backup to
this item provides for DEM to disburse the funds to the County.
Prior to this new grant, the State of Florida appropriated $5,900,000.00 to Monroe County for a new
Emergency Operations Center in Marathon (Grant # 19-SP-10-11-54-01-237). The Florida Division of
Emergency Management (DEM) has administered the funds to the County through a reimbursement
grant program beginning July 1, 2018 and ending on June 30, 2024. There is no local match for this
grant.
PREVIOUS RELEVANT BOCC ACTION:
9/20/23-Approval of Third Amendment with ADG.
4/19/23-Approval of Third Amendment to the Construction Manager at Risk(CMAR) agreement.
2/15/23-Approval of Task Order for Grant Administration Services with WSP USA, Inc.
1/18/23-Approval of Second Amendment to the Construction Manager at Risk(CMAR) agreement
with Ajax Building Company to clarify language in the County's Partial Release of Liens form which is
required with each pay application. No changes to the funding are proposed.
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1/18/23-Approval of a Second Amendment to the current agreement with Architects Design Group
(ADG) at a cost of$30,770.00 to add Plan Revisions and Threshold Inspections.
11/15/22- Ratification of a Task Order with Carr, Riggs &Ingram, LLC to perform pay application
reviews for EOC.
11/15/22- Resolution delegating Purchasing Authority above $50,000 to the County Administrator for
Owner Direct Purchases (ODP's).
9/21/22-Approval of HMGP Grant Agreement Modification#3 with FDEM for the EOC (Phase I).
9/21/22- Task Order with Carr, Riggs &Ingram, LLC for the EOC project.
9/21/22-Approval of a Task Order with Jacobs to Provide a Resident Project Representative (RPR) for
the EOC.
8/17/22-Approval of the 1st Amendment to the CMAR agreement with Ajax Building Co. to construct
the EOC in order to adjust the guaranteed maximum price(GMP) to account for price escalation of
labor and materials.
7/20/22-Approval of a new grant agreement in the amount of$9,665,951.73 between the County
and the Florida Division of Emergency Management(FDEM) to construct the new Emergency
Operations Center in Marathon.
1/21/22-Approval of the Rescission/Replacement of Modification#2 to the HMGP grant agreement
which was revised to reinstate and extend the agreement. The original Modification#2 only extended
the date.
12/8/21-Approval of third amendment to the pre-construction services contract with Ajax Building
Company, LLC to add the costs of an extended pre-construction period.
12/8/21-Approval of Modification#2 to the HMGP grant agreement extending the completion date of
the grant to May 31, 2022, and increasing the grant amount by $44,581.12, for HMGP agreement
#4337-66-R with the Florida Department of Emergency Management(FDEM).
11/3/21-Approval of CMAR agreement with Ajax Building Company, LLC for the construction of the
Emergency Operations Center.
5/19/21-Approval of a grant agreement amendment(Modification#1 to the direct appropriation grant
agreement)with the Florida Division of Emergency Management to receive state funded appropriations
for Local Emergency Management and Mitigation Initiatives (Assistance Number 31.064; Agreement
Number 19-SP-10-11-54-01-237) in the amount of$5,900,000.00, and approval of a resolution
authorizing the County Administrator to sign all amendments, modifications, and other necessary
documents including reimbursement requests for this grant. The original period of time was July 1,
2018-June 30, 2021. This amendment extends the end date to June 30, 2023.
12/9/20-Approval of Modification#1, extending the completion date of the grant under the Hazard
Mitigation Grant Program(HMGP) (Agreement#4337-66-R)with FDEM which provides design
funding, in the amount of$916,071.21 for the Emergency Operations Center(EOC) at the Marathon
airport.
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10/21/20-Approval of Second Amendment to the Agreement for Pre-Construction Services with Ajax
Building Company, LLC in the amount of$265,591.00 for the Emergency Operations Center to add the
scope and cost of the DAV building demolition.
10/21/20-Approval of a First Amendment to the Agreement with Architects Design Group/ADG, Inc.
(ADG), in the amount of$2,818,325.00, for design through construction administration of an
Emergency Operations Center (EOC) in Marathon.
5/20/20-Approval of a no cost Amendment to the Agreement for Pre-Construction Services with Ajax
Building Company, LLC for the Emergency Operations Center to remove certain contract provisions
that were not required at the pre-construction stage.
4/15/20- BOCC approval of an Agreement with Ajax Building Company, LLC to provide Construction
Manager at Risk(CMAR) services for the Emergency Operations Center(EOC) at the Marathon Airport
in the amount of$110,000.00 through an FDOT grant. This Agreement is for Pre-Construction Phase
services.
4/15/20-Approval of Amendment No. 1 to State of Florida Department of Transportation Public
Transportation Grant Agreement G1009 providing $4,000,000.00 in additional funding for the Non-
Aeronautical Use Building Project(Emergency Operations Center- EOC) at the Florida Keys Marathon
International Airport.
12/9/19- BOCC approval of an HMGP agreement with FDEM for Phase I of a FEMA grant in the
amount of$916,071.21 to be used for pre-construction activities for the EOC.
11/20/19- BOCC approval of the recommended site location for the EOC building at the southwest
corner of the Marathon Airport.
9/18/19-Approval of a contract with Architects Design Group, Inc. (ADG) for design and construction
administration services for an Emergency Operations Center(EOC) in Marathon; Correcting contract
sum scrivener's error in Section 7.1.1 of the contract.
8/21/19- BOCC approval of a revised contract with ADG which changed the name of the EOC building
to "FL Keys Marathon Airport Non-Aeronautical Use Building" due to requirements of Monroe
County's acceptance of an FDOT grant agreement.
5/22/19 - BOCC approval of the award of a contract to ADG to provide design and construction
administration services for the Monroe County EOC.
3/21/19- BOCC approval of staff request to negotiate with ADG a professional services contract to
provide design and construction administration services for the Monroe County EOC.
12/19/18- BOCC approval of an agreement with the Florida Department of Transportation(Public
Transportation Grant G1009) to accept a grant in the amount of$400,000 (to be matched with $400,000
in County funds) for the planning,permitting, design and construction of a non-aeronautical building
(EOC) to be constructed on the SW corner of the Marathon airport property.
9/19/18- BOCC approval of an agreement with the Florida State Department of Emergency
Management to accept a grant in the amount of$5,900,000 for the design and construction of a Monroe
County Emergency Operations and Public Safety Center.
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6/20/18-Approval to advertise a Request for Qualifications for professional architectural services for a
re-design through construction administration of a new Emergency Operations Center in Marathon, in
compliance with the Code of Federal Regulations (2 CFR) for potential Hazard Mitigation Grant
Program (HMGP) funding.
11/14/17- BOCC ratification of a Second Amendment to the contract with ADG to develop an updated
construction estimate with modifications to the design for a new site and slightly revised scope.
10/1/09- BOCC approval of a First Amendment to the contract with ADG to include information
technology needs to the design.
2/18/09- BOCC approval of a contract with Architects Design Group (ADG) for the design through
construction administration of a new EOC in Marathon.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Monroe County Emergency Operations Center Grant Agreement No. F0121 (10-06-23) [Attorney
Stamped- JXD].pdf
FINANCIAL IMPACT:
Effective Date: 10/18/23
Expiration Date: N/A
Total Dollar Value of Contract: $6,245,000.00 (Grant)
Total Cost to County: $0
Current Year Portion: $0.00
Budgeted: Yes
Source of Funds: grants from FDOT, FDEM (Direct Appropriations), and FDEM (HMGP).
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
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Grant: Yes
County Match: No
Insurance Required: No
Additional Details:
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Agreement Number: F0121
STATE-FUNDED GRANT 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,
Florida (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) LAWS, RULES, REGULATIONS, AND POLICIES
a. As required by section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Recipient
fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Recipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which
the Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
b. In addition to the foregoing, the Recipient and the Division shall be governed by 211
applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any
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express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no
other statute, rule, or regulation applies.
(2) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for
the Division shall:
i. Monitor and document Recipient performance; and,
ii. Review and document all deliverables for which the Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
shall serve as the Division's liaison with the Recipient. As part of his/her duties, the
Grant Manager for the Division shall:
i. Monitor and document Recipient performance; and,
ii. Review and document all deliverables for which the Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Berenice Hernandez Avila
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850-815-4206
Email: Berenice.Hernandez@em.myflorida.com
c. The name and address of the representative of the Recipient responsible for the
administration of this Agreement is:
Cary Knight
1100 Simonton Street, Suite 2-216
Key West, FL 33040
Telephone 305-292-4527
Email: Knight-Cary@MonroeCounty-FL.gov
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 to the
other party.
(3) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(4) EXECUTION
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This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(5) MODIFICATION
Either party may request modification 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.
(6) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(7) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end on March 21,
2027, unless terminated earlier in accordance with the provisions of Paragraph (16)TERMINATION. In
accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by
this Agreement"only for allowable costs resulting from obligations incurred during" the period of
agreement.
(8) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
b. 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 either chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Recipient only for allowable costs incurred by the
Recipient in the successful completion of each deliverable. The maximum reimbursement amount for
each deliverable is outlined in Attachment A of this Agreement ("Proposed Budget and Scope of Work").
The maximum reimbursement amount for the entirety of this Agreement is $6,245,000.00.
d. The Division will review any request for reimbursement by comparing the
documentation provided by the Recipient against a performance measure, outlined in Attachment A,
which clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
e. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the period of agreement
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Recipient.
f. For the purposes of this Agreement, the term"improper payment" means or includes:
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i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
g. As required by the Reference Guide for State Expenditures, reimbursement for travel
must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on
the approved state travel voucher.
(9) RECORDS
a. As a condition of receiving state financial assistance, and as required by sections
20.055(6)(c)and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of
Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of
access to any documents, financial statements, papers, or other records of the Recipient which are
pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of
access also includes timely and reasonable access to the Recipient's personnel for the purpose of
interview and discussion related to such documents. For the purposes of this section, the term"Recipient"
includes employees or agents, including all subcontractors or consultants to be paid from funds provided
under this Agreement.
b. The Recipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida Department of State.
Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-
archives/records-management/general-records-schedules/.
c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
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purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's
governing board or the meetings of any subcommittee making recommendations to the governing board
may be subject to open government requirements. These meetings shall be 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, Florida Statutes.
d. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
e. 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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(10) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB)and the Financial Accounting Standards Board (FASB)."
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b. When conducting an audit of the Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
c. If an 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.
d. The Recipient shall have all audits completed by an independent auditor, which is
defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audits must be received by the Division no later than nine months from the
end of the Recipient's fiscal year.
e. The Recipient shall send copies of reporting packages required under this paragraph
directly to each of the following:
i. The Division of Emergency Management
DEMSingle Audit ememyflorida.com
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii. The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
(11) REPORTS
a. The Recipient shall provide the Division with quarterly reports and a close-out report. These
reports shall include the current status and progress by the Recipient and all Sub-Recipients 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.
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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 60 days after
completion of the activities contained in this Agreement, whichever occurs first.
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 (15) 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 and information identified in Attachment D.
(12) MONITORING
a. 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.
b. In addition to reviews of audits conducted in accordance with paragraph (10)AUDITS above,
monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope
audits, or other procedures. The Recipient agrees to comply and cooperate with any 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
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the period of agreement to ensure timely
completion of all tasks.
(13) LIABILITY
a. Unless Recipient is a state agency or subdivision, as defined in section 768.28, Florida
Statutes, 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 performed 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 which is a state agency or subdivision, as defined in section 768.28, Florida
Statutes, 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
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omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party 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 this agreement.
(14) 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 (15) REMEDIES. 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 of the Recipient at any time
during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30)days
from 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 on time any of its obligations under this
Agreement.
(15) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice
to the Recipient and upon the Recipient's failure to cure within those thirty(30)days, exercise any one 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 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
(2)CONTACT herein;
b. Begin an appropriate legal 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.
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e. Exercise any corrective or remedial actions, to include but not be limited to:
i. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
ii. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
iii. advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
iv. 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.
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.
(16) TERMINATION.
a. The Division may terminate this Agreement for cause after thirty (30)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 by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under chapter 119, Florida Statutes., 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 (30)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 this Agreement.
d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of this 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 this 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.
(17) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the
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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 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 business enterprise, as defined in section 288.703, Florida Statutes..
(18) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict 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— Proposed Budget and Scope of Work
Attachment B— Program Statutes and Regulations
Attachment C—Statement of Assurances
Attachment D—Justification of Advance Payment
Attachment E—Warranties and Representations
Attachment F— Certification Regarding Debarment
(19) PAYMENTS
a. Any advance payment under this Agreement is subject to section 216.181(16), Florida
Statues. All advances are required to be held in an interest-bearing account. If an advance payment is
requested, the budget data on which the request is based, and a justification statement shall be included
in this Agreement as Attachment 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. No advance shall be
accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced
payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting documentation
for all costs of the project or services. The final invoice shall be submitted within sixty (60)days after the
expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of
quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's quarterly
reporting as referenced in paragraph (11) REPORTS of this Agreement.
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c. If the Recipient is a county or municipality that is a rural community or rural area of
opportunity as those terms are defined in section 288.0656(2), Florida Statutes, the Division may issue
payment of submitted invoices for verified and eligible performance that has been completed in
accordance with the terms and conditions set forth in this Agreement to the extent that federal or state
law, rule, or other regulation allows such payments. The Recipient may elect in writing to exercise this
provision as long as the Recipient is a county or municipality which is a rural community or rural area of
opportunity, as defined in section 288.0656(2), Florida Statutes, and demonstrates financial hardship. A
county or municipality located within a financially constrained county, as defined in section 288.67(1),
Florida Statutes, is deemed to have demonstrated a financial hardship for the purposes of this provision.
d. 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 paragraph 8 of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
(20) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of"Division of Emergency Management," and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with section 215.34(2), Florida Statutes, 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.
(21) 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 is incorporated by reference.
The inaccuracy of the submissions 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 be in the Circuit Court of Leon County. If any provision of this
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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, any one 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 seg.), 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 perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with any public entity in excess of$25,000.00
for a period of thirty-six (36) months 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 state government, certifies, to the best of its knowledge and belief, that it
and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five-year period preceding this Agreement been convicted of or had
a civil judgment rendered against it for 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;
iii. 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 (21)(g)(ii)of this
certification; and
iv. 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.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
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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 F) for each intended subcontractor that 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 contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with
Chapter 216, Florida Statutes, or the Florida Constitution.
i. All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
j. Any bills for travel expenses shall be submitted in accordance with section 112.061, Florida
Statutes.
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, Florida Statutes, 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.
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 ("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 Division.
n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Florida Statutes)with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All of these meetings shall be 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, Florida Statutes._
o. All expenditures of state financial assistance shall be in compliance with the laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
State Expenditures.
p. This Agreement may be charged only with allowable costs resulting from obligations incurred
during the period of agreement.
q. Any balances of unobligated cash that have been advanced or paid that are not authorized to
be retained for direct program costs in a subsequent period must be refunded to the State.
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r. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase
of or improvements to real property are contingent upon the contractor or political subdivision granting to
the state a security interest in the property at least to the amount of state funds provided for at least 5
years from the date of purchase or the completion of the improvements or as further required by law.
s. The Division may, at its option, terminate the Contract if the Contractor is found to have
submitted a false certification as provided under section 287.135(5), Florida Statutes., or been placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have
been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.
(22) LOBBYING PROHIBITION
a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
b. No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(23) COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,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 has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this 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(30)days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement that 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-
14
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existing intellectual property that 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 that
accrue during performance of this Agreement.
d. If the Recipient qualifies as a state university under Florida law, then, pursuant to section
1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall
become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly
by one or more employees of both parties hereto, each party shall have an equal, undivided interest in
and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive
license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked
work products, developed solely by the Recipient, under this Agreement, for Florida government
purposes.
(24) 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.
(25) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
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1695
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
Monroe County, Florida IUNRADE COUNTY ATTORN+pEY'S OIFFME
APPROVED AS TO FORM
Sl,PW3VT'COUNTY ATTORNEY
' r
By. DATE: 10-06-9n?�
Name and Title:
Date:
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Director, or Ian Guidicelli, Response Bureau Chief,
as Authorized Representative.
Date:
16
1696
EXHIBIT— 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project-
State awarding agency Florida Division of Emergency Management
Catalog of State Financial Assistance title Monroe County Emergency Operations Center
Catalog of State Financial Assistance number 31.064
Amount of State Funding: $6,245,000.00
17
1697
ATTACHMENT A
Proposed Budget and Scope of Work
L PROPOSED BUDGET
Anticipated
Category Expenditure
Amount
Salary and Benefits $0
Other Personal/Contractual Services $0
Administrative Expenses (Limited to no more than $0
5%)
Expenses $0
Operating Capital Outlay $0
Fixed Capital Outlay $6,245,000.00
Total Expenditures $6,245,000.00
H. BACKGROUND
As documented by Chapter 2023-239, Laws of Florida, Section 6, Specific Appropriation
2710, the Legislature, and the Governor appropriated $6,245,000.00 of Fixed Capital Outlay
funds for construction of"Monroe County Emergency Operations Center."
2710 GRANTS AND AIDS TO LOCAL GOVERNMENTS AND NONSTATE ENTITIES - FIXED CAPITAL OUTLAY
EMERGENCY MANAGEMENT CRITICAL FACILITY NEEDS
FROM GENERAL REVENUE FUND. . . . . . . . . . . . . . . . . . 90,469,731
From the nonrecurring funds from the General Revenue Fund in Specific Appropriation
2710 $90,469,731 shall be allocated as follows: (in part)
Monroe County Emergency Operations Center
(Senate Form 1051) (HB 1494) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6,245,000
Monroe County is in need of a new Emergency Operations Center. Funds will be utilized
to complete construction of the first and only designated Emergency Operations Center for
Monroe County. The new Emergency Operations Center will consolidate Monroe County
Emergency Management, Fire Rescue administration, and the Sheriffs Office 911 Center within
a new and adequate facility for emergency activation and public response efforts. During
Emergency activation,
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the EOC will support first responders and emergency management staff as they respond to and
recover from any crisis. During normal (non-activation) status, the EOC will provide permanent
housing for the County's Emergency Management Department, the Fire-Rescue Administration
staff, and the Sheriffs Department 911 Dispatch Center
III. SCOPE OF WORK
A. Funds have been allocated to the Recipient for the design and construction of a
Monroe County Emergency Operations Center (MCEOC). Per Senate Form 1051 and House
Bill (HB) 1494 allocated funds are to be used to complete site work on land designated for
construction of a hardened shelter.
The MCEOC shall be designed and constructed in accordance with the International
Code Council's ICC/NSSA Standard for the Design and Construction of Storm Shelters (ICC
500-2014) or, where hurricane provisions are more stringent, the 2020 Florida Building
Code, 71h Edition (Risk Category IV Buildings).
B. Reimbursable costs for the future new MCEOC site work include: architectural and
engineering services; construction management services; general conditions; site survey and
soil testing; necessary permits and regulatory fees; construction site cut, fill, grading and
landscaping; civil, utilities and access driveway and parking site work; site safety, security
and soil erosion and sediment control measures; and if applicable, costs associated with
Leadership in Energy and Environmental Design (LEED) or Green Globes certification.
C. The MCEOC site work project's measurable outcome is an expansion of Monroe
County disaster response and relief capacity. Monroe County Emergency Management shall
have rent-free use of the future new MCEOC for the life of the facility. The Recipient shall
submit a binding written statement to the Division that real property improved with funds
authorized by this funding agreement(Agreement) shall be dedicated for emergency
management purposes from the date of receipt of certificate of occupancy or completion
(CO) from the Authority Having Jurisdiction (AHJ)for a period of fifty (50)years, the
estimated life of the future new MCEOC or until the end of the useful life of the facility as
agreed to by the Division. The Recipient shall ensure that the future new MCEOC site work
completed with the fixed capital outlay funds granted by this Agreement shall be used for the
county's future new primary MCEOC.
D. The Recipient agrees to maintain the site work for the future new MCEOC in good
repair and functional condition for the life of the work from the date of issue of the AHJ's
CO.
E. If the Recipient fails, during the period of time established by this Agreement, to
operate, maintain, repair and administer the work in accordance with the purposes for which
the funds were originally granted, the Recipient shall return to the Division, no later than
upon demand by the Division, an amount calculated as follows:
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a. The full amount of the grant funds for the first full year subsequent to the date of
issue of the subject site work's CO by the Authority Having Jurisdiction; or,
b. Beginning with the second full year subsequent to the date of issue of the subject
site work's CO by the Authority Having Jurisdiction, the amount of the grant less
one-and-a-half(1.50)percent for each full year for which the site work was used
for such purposes; e.g., Year 2 = $ 6,331,325, Year 3 = $ 6,236,355.12.
The determination of Recipient's failure to operate, maintain, repair, and administer the
work in accordance with the purposes for which the funds were originally granted is at the
sole discretion of the Division.
If the Division and Recipient, through mutual agreement, terminate this Agreement prior
to the expiration date, the Recipient shall return to the Division, no later than upon demand
by the Division, an amount not less than that calculated by a. or b. above, as applicable.
F. The site work finish grade shall be consistent with the lowest finished floor elevation
of the future new MCEOC elevated to or above the higher of the elevations determined by: 1.
elevation above mean sea level corresponding to the maximum storm surge inundation,
including coastal wave effects, for the emergency shelter location plus 20 percent; 2. 100-
year(one percent annual chance)base flood elevation plus three (3) feet; 3. 500-year(0.2
percent annual chance) flood elevation (if determined)plus two (2) feet; and, 4. elevation
required by the AHJ for the location.
G. The Recipient shall provide an initial timeline 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.
IV.TASK PRODUCTS
A. Per Scope-of-Work Item IILG, 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 deliverable.
B. Recipient shall submit a written statement that the funded site work and future new
MCEOC shall be dedicated for emergency management purposes as described in III.C.
C. The Recipient shall provide the Division with copies of pertinent site work regulatory
reviews and permits, and the Construction Manager's or General Contractor's detailed
schedule of work (e.g., Gantt Chart).
D. The Recipient shall provide one (1) copy each of site survey and site master plan for
review and comment by the Division.
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1700
E. The Recipient shall provide one (1)near bid-ready (approximately 90 percent) set of
site work drawings and specifications for review and comment by the Division. The site
work documents shall include site survey information, landscaping, civil and utility, and site
access drive way and parking area location drawings and shall be signed by the applicable
registered or licensed design professional(s) of record.
F. The site work documents shall demonstrate that the future new MCEOC meets the
requirements set forth in Scope of Work Item IILF. Failure to supply the required
documentation, or disapproval of this documentation by the Division, shall result in denial or
reduction of funds at the sole discretion of the Division.
G. The Recipient shall provide the Division with a copy of photographs of
preconstruction site conditions,photographs documenting site work progress and
photographs of completed site work; final or as-built site work drawings and specifications
with signature of designer(s) of record; and letter from civil engineer of record certifying that
work meets specifications of design, or a copy of CO issued by the AHJ.
V. DELIVERABLES
Reimbursement for project costs shall be based on the percentage of completion of the
project. Any request for reimbursement shall provide adequate and complete source
documentation to support all costs related to the project. In some cases, the project may not
be fully complete prior to requesting reimbursement of costs incurred toward completion of
this scope-of-work; therefore, a partial reimbursement may be requested. For full or partial
reimbursement requests, the Recipient shall include a sworn Affidavit or American Institute
of Architects (AIA) forms G702 and G703, as required below.
A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's
project personnel with each reimbursement request attesting to the following: the percentage
of completion of the work that the reimbursement request represents, that disbursements or
payments were made in accordance with all the agreement and regulatory conditions, and
that reimbursement is due and has not been previously requested.
B. AIA Forms G702 and G703. For construction projects where an architectural,
engineering or construction management firm provides construction administration services,
the Recipient shall provide a copy of the American Institute of Architects (AIA) form G702,
Application and Certification for Payment, or a comparable form approved by the Division,
signed by the contractor and inspection/certifying architect or engineer, and a copy of form
G703, Continuation Sheet, or a comparable form approved by the Division.
VI. FINANCIAL CONSEQUENCES
If Recipient fails to comply with any term of the grant, the Division shall take one or more of the
following actions, as appropriate in the circumstances:
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1701
1. Temporarily withhold cash payments pending correction of the deficiency by the
recipient;
2. Disallow all or part of the cost of the activity or action not in compliance;
3. Withhold further funding; or,
4. Take other remedies that may be legally available.
VIL SCHEDULE OF WORK
A. By March 31, 2024, the Recipient shall provide the Division with Task Product IV.A
for review and approval. Failure to supply the required documentation, or disapproval of this
documentation by the Division, shall result in denial or reduction of funds at the sole
discretion of the Division.
B. By March 31, 2024, and at least on a quarterly basis thereafter, Recipient shall report
on progress in relation to the initial timeline and submit an invoice for reimbursement for
work accomplished in accordance with the Division approved cost reimbursement allocation
table referenced in Task Product IV.A.
C. By mutually agreed upon date(s), the Recipient shall provide the Division with Task
Products IV.B through E, and Deliverables V.A and B (as applicable) for review and
approval. Failure to supply the required documentation, or disapproval of this documentation
by the Division, shall result in denial or reduction of funds at the sole discretion of the
Division.
D. By February 29, 2027, the Recipient shall provide a copy of the certificate of
occupancy or completion or other appropriate written acceptance of completed work, or
certification letter from the civil engineer showing that work meets specification of design,
close-out documentation and final payment invoice.
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1702
Table SW-l. Initial Timeline and Estimated Reimbursement Allocation Schedule
Project Name: Monroe County Emergency Operations Center
PROJECT PHASE Start Date End Date DEM Funds (FY Other Funds
2023-2024)
Board Contract
Approval
Initial Payment of 20%
in first quarter(if
requested)
Architectural&
Engineering Services
Firm Selection
Site Survey and Soil
Testing
Spatial Needs
Assessment
Preliminary Design,
80% complete
Preliminary Design,
100% complete
Regulatory Review
Bid Document(s)
Development&Award
Notice to
Proceed/Mobilization
Construction Project
Management& Special
Inspections
Civil/Site Work Phase
Construction 25%
Complete
Construction 50%
Complete
Construction 100%
Complete
Administrative Fees;
maximum of 5%
Sub-Totals $6,245,000.00
TOTAL Estimated
Project Cost
A/E- Architectural and Engineering; DEM—Division of Emergency Management; FY - Fiscal Year
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1703
Attachment B
Program Statutes and Regulations
Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits;
dispute limitation; agency or judicial branch compliance
Section 215.97, Florida Statutes Florida Single Audit Act
Section 215.971, Florida Statutes Agreements funded with federal and state assistance
Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying
prohibited
Section 216.3475, Florida Statutes Maximum rate of payment for services funded under General
Appropriations Act or awarded on a noncompetitive basis
Section 287.056, Florida Statutes Purchases from purchasing agreement and state term contract
Section 287.057, Florida Statutes Procurement of commodities or contractual services
CFO MEMORANDUM NO. 04 (2005-06) Compliance Requirements for Agreements
Section 553.844, Florida Statutes Requirements for Roofs and Opening Protection
24
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Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action
authorizing the execution of the hazard mitigation agreement with the Division of Emergency
Management (DEM), including all understandings and assurances contained in it, and directing and
authorizing the Recipient's chief administrative officer or designee to act in connection with the
application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall
receive any share or part of this Agreement or any benefit. No member, officer, or employee of the
Recipient or its designees or agents, no member of the governing body of the locality in which this
program is situated, and no other public official of the locality or localities who exercises any functions
or responsibilities with respect to the program during his tenure or for one year after, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in
connection with the program assisted under this Agreement. The Recipient shall incorporate, in all
contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above;
(d)All Recipient contracts for which the State Legislature is in any part a funding source, shall contain
language to provide for termination with reasonable costs to be paid by the Recipient for eligible
contract work completed prior to the date the notice of suspension of funding was received by the
Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient
may not be funded with funds provided under this Agreement unless previously approved in writing by
the Division. All Recipient contracts shall contain provisions for termination for cause or convenience
and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that
mechanics and laborers (including watchmen and guards) employed on federally assisted
contracts be paid wages of not less than one and one-half times their basic wage rates for all
hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one and one-
half times their basic wage rates for all hours worked in excess of the prescribed workweek.
(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto,
which provides that no person in the United States shall on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient received Federal financial
assistance and will immediately take any measures necessary to effectuate this assurance. If any
real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case
of any transfer of such property, any transferee, for the period during which the real property or
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structure is used for a purpose for which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
1975, as amended (42 U.S.C. 6101-6107)which prohibits discrimination on the basis of age or
with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the
Rehabilitation Act of 1973;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations
issued pursuant thereto, which provide that no person shall be discriminated against on the basis
of race, color, religion, sex or national origin in all phases of employment during the performance
of federal or federally assisted construction contracts; affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff/termination, rates of pay or other forms of compensation; and election for training and
apprenticeship;
(g) It will establish safeguards to prohibit employees from using 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 pursuant to Section 112.313 and Section
112.3135, Florida Statutes;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for"kickbacks"of wages in federally financed or assisted construction activities;
(i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding 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
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;
For sites located within Special Flood Hazard Areas (SFHA), the Recipient must include a FEMA
Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with
FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA
requirements were satisfied on each of the properties. The Model Acknowledgement can be found at
www.fema.gov/governmenta/grant/sfha_conditions.shtm
(k) It will require every building or facility (other than a privately owned residential structure)designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal
Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19.6 for general type
buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Recipient will be
responsible for conducting inspections to ensure compliance with these specifications by the
contractor;
(1) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of
1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological
and Historical Data Act of 1966 (16 U.S.C. 469a-I, et seq.) by:
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(1)Consulting with the State Historic Preservation Office 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, Section 800.8) by the proposed activity; and
(2)Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3)Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal
Emergency Management Agency, the Florida State Historic Preservation Office, the Florida
Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)"
which addresses roles and responsibilities of Federal and State entities in implementing Section
106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(£), and implementing
regulations in 36 CFR, Part 800.
(4)When any of the Recipient's projects funded under this Agreement may affect a historic property,
as defined in 36 CFR, Part 800.16 (1)(1), the Federal Emergency Management Agency(FEMA)
may require the Recipient to review the eligible scope of work in consultation with the State
Historic Preservation Office (SHPO)and suggest methods of repair or construction that will
conform with the recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary
of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the
eligible scope of work will not conform with the Standards, the Recipient agrees to participate in
consultations to develop, and after execution by all parties, to abide by, a written agreement that
establishes mitigation and recondition measures, including but not limited to, impacts to
archeological sites, and the salvage, storage, and reuse of any significant architectural features
that may otherwise be demolished.
(5)The Recipient agrees to notify FEMA and the Division if any project funded under this Agreement
will involve ground disturbing activities, including, but not limited to: subsurface disturbance;
removal of trees; excavation of footings and foundations, and installation of utilities (such as water,
sewer, storm drains, electrical, gas, leach lines and septic tanks)except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or maintenance of
such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties
may be present and be affected by such activities. The SHPO will advise the Recipient on any
feasible steps to be accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the recovery or
archeological data from the property.
If the Recipient is unable to avoid the archeological property, develop, in consultation with SHPO,
a treatment plan consistent with the Guidelines and take into account the Advisory Council on
Historic Preservation (Council) publication "Treatment of Archeological Properties". The Recipient
shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for
review. If the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct the Recipient to implement the treatment plan. If either the
Council or the SHPO object, Recipient shall not proceed with the project until the objection is
resolved.
(6)The Recipient shall notify the Division and FEMA as soon as practicable: (a)of any changes in the
approved scope of work for a National Register eligible or listed property; (b)of all changes to a
project that may result in a supplemental DSR or modify a HMGP project for a National Register
eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a
previously unidentified property that may be eligible for inclusion in the National Register or affect
a known historic property in an unanticipated manner. The Recipient acknowledges that FEMA
may require the Recipient to stop construction in the vicinity of the discovery of a previously
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unidentified property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Recipient
further acknowledges that FEMA may require the Recipient to take all reasonable measures to
avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The
Recipient also acknowledges that FEMA will require, and the Recipient shall comply with,
modifications to the project scope of work necessary to implement recommendations to address
the project and the property.
(7)The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
receive funding for projects when, with intent to avoid the requirements of the PA or the NHP A,
the Recipient intentionally and significantly adversely affects a historic property, or having the legal
power to prevent it, allowed such significant adverse effect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
1681-1683 and 1685-1686)which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.)which prohibits
the use of lead-based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and
the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the
care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities
supported by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601-3619),
as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or
national origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u)It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
(v)It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x)It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of
1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and
Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
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(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or Federally
assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities);
EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations as
outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect
buildings located in the Recipient's jurisdiction to detect the presence of asbestos and lead in
accordance with requirements of the U.S. Environmental Protection Agency, the Florida
Department of Environmental Protection and the County Health Department.
(4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the contractor's
work.
(8) Obtain all required permits.
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(9) Provide addresses and marked maps for each site where water wells and septic tanks are to be
closed along with the number of wells and septic tanks located on each site. Provide
documentation of closures.
(10) Comply with mandatory standards and policies relating to energy efficiency which are contained
in the State Energy Conservation Plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163).
(11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306
of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368),
Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR,
Part 15 and 61). This clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities.
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Attachment D
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of$ is required. 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.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20�-20�Anticipated Expenditures for First Three Months of
(list applicable line items) Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the advance
will be expended within the first ninety(90) days of the contract term. Support documentation should
include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety(90)days of the
contract term. Any advance funds not expended within the first ninety(90) days of the contract term shall be
returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399,within thirty
(30)days of receipt,along with any interest earned on the advance)
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Attachment E
Warranties and Representations
Financial Management
Recipient'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 performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB 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 interest 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
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
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Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
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Attachment F
Certification Regarding
Debarment;Suspension; Ineligibility
And Voluntary Exclusic+n
Subcontractor Covered Transactions
(1) The prospective subcontractor, 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 subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
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