05/21/2003
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Contract Number:
CFDA Number:
03- FT -1 B-11-54-0 1-.!f!L9
83.562
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department")
and the Monroe County Board of County Commissioners (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the federal government, and
has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set
forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and Scope
of Work, Attachment B of this Agreement.
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment A.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end April 16, 2004,
unless terminated earlier in accordance with the provisions of Paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS.
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs," and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with 9215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(5) RECORDKEEPING.
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-8?, "Cost
Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the Department or its
designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by the Department, with the following exceptions:
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1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing of title.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work
- Attachment B - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to
the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time,
on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(e) Any additional terms and conditions pertaining to recordkeeping are set forth in
Attachment G and all terms and conditions pertaining to property management and procurement under
this Agreement are set forth in Attachment H.
(6) REPORTS.
(a) At a minimum, the Recipient shall provide the Department with quarterly reports, and
a close-out report.
(b) Quarterly reports are due to be received by the Department no later than the ending
date of each quarter of the program year and shall continue to be submitted each quarter until submission
of the administrative close-out report. The ending dates for each quarter of the program year are March
31, June 30, September 30 and December 31.
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(c) The close-out report is due 30 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in Paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Budget and Scope
of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachments C and D.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work are being accomplished within specified
time periods, and other performance goals are being achieved. Such review shall be made for each
function or activity set forth in Attachment B to this Agreement. In addition, the Department will monitor
the performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to,
on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised,
and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department. In the event that the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Department to the Recipient regarding such audit.
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The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or
audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor
the performance and financial management by the Contractor throughout the contract term to ensure
timely completion of all tasks.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not
an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla.
Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent
acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be
liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(9) DEFAULT; REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting,
or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to
make any further payment of funds hereunder shall, if the Department so elects, terminate and the
Department may, at its option, exercise any of its remedies set forth herein, but the Department may make
any payments or parts of payments after the happening of any Events of Default without thereby waiving
the right to exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
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the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is
unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by the Department;
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Budget and Scope of Work attached hereto as Attachment B.
(b) Upon the happening of an Event of Default or if the necessary funds are not available
to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the
Comptroller or the Office of Management and Budgeting, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure
any Event of Default, exercise anyone or more of the following remedies, either concurrently or
consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
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compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under
law;
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
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(b) The Department designates Debbie Boyette, Division of Emergency Management, as
the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall
be directed to her at:
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850/413-9972
Fax: 850/488-5777
Email: debbie.boyette@dca.state.fl.us
The Project Officer for this Agreement is Phillip Johnson. He can be contacted for technical assistance
relating to this Agreement at the above address, telephone 850/410-1599 or e-mail
phill ip .johnson@dca.state.fl.us.
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Irene Toner
Director
Monroe County Emergency Management
490 63rd Street, Suite 150
Marathon, Florida 33050
Phone: 305/289-6065
Fax: 305/289-6333
Email: toner-irene@monroecounty-f1.com
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are incorporated
by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department
and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Department from all its obligations to the Recipient.
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(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null
and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other
provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
or discriminatory vendor list.
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(g) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
11 (g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
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(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates
Federal resources awarded through the Department by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An
audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular
A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 12 (d) above, the
Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the
audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient
resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following:
The Department of Community Affairs at each of the following addresses:
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Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and
any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
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(h) Recipients, when submitting financial reporting packages to the Department for audits
done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the Recipient in correspondence accompanying the reporting package.
(i) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon request.
The recipient shall ensure that audit working papers are made available to the Department, or its
designee, the Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Department.
0) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the five-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(I) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
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execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments hereto, the language of such attachments shall be controlling, but only to the extent
of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Program Statutes and Regulations
Attachment B - Budget and Scope of Work
Attachment C - Quarterly Report Forms
Attachment D - Final Closeout Report Form
Attachment E - Financial Report/Reimbursement Request
Attachment F - Planning Guidance Documents on Compact Disk
(16) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed $25,000 subject to
the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181 (16), Florida
Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient
within the first three (3) months 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, the budget data on which the request is
based and a justification statement shall be included in this Agreement as Attachment I. Attachment I will
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specify the amount of advance payment needed and provide an explanation of the necessity for and
proposed use of these funds.
1. X No advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment B of this Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance
with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) This Agreement cannot be extended without an extension of the Federal Grant from
which this Agreement is funded, and under this circumstance, this Agreement must terminate no later than
seventy five (75) days prior to the termination date of the Federal Grant. Extensions must be mutually
agreed upon and shall be valid only when reduced to writing, duly signed by each of the parties hereto by
the termination date of the original Agreement, and attached to the original of this Agreement.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
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(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
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complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 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.
(19) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE
STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
17
Department. Any and all copyrights accruing under or in connection with the performance under this
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which occur during performance of the Agreement.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment J.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
18
undersigned officials as duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
Recipient
Monroe County
Board of County Commissioners
BY: '!i~, >n. ,f,j&IJ
Name: /) I '1-1 ~ S Pf.-!-t,1-2
:::: r;J:Jj3
!
S-tt -(p~ 7'-1:Y
SAMAS #
FEID#
(SEAL)
ATTEST: DANNY l. KOLHAGE, aERK
BvMaLd-O. &)t~
DEPUTY CLERK
STATE OF FLORIDA
DEPART NT OF COMMUNITY AF AIRS
/1l/lU
BY:
W. Craig Fugate, Director
19
Date:
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EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) -
Federal Emergency Management Agency (FEMA)
State and Local All Hazards Emergency Operations Planning; FY 2002 Supplemental Funds
83.562
$25,000
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
1. Funding must be used for planning that will assist States, Territories, Indian tribal governments and
local governments in preparedness for, and consequence management of, possible terrorist attacks
and for other purposes. Funds may be used for:
Development or enhancement of local continuity of operations plans and terrorist incident
response annexes.
Development or enhancement of supporting documents such as Standard Operating Procedures
and Risk Assessments.
Training related to the development or enhancement of emergency operations and strategic plans.
Conducting workshops or other training for local governments related to the development or
enhancement of emergency operations and strategic plans.
Hiring personnel or contract support that directly support the accomplishment of these tasks.
Funding cannot be used for:
Training not directly related to development or enhancement of emergency operations and
strategic plans.
Operational training of first responders.
Exercises of any kind or size.
The purchase of equipment.
To supplant existing Federal, State, or local government funding or existing planning programs.
2. Selection of local jurisdictions located in the State of Florida is based on population size, threat
assessment, and vulnerability rating.
3. This Federal Grant period closes on June 30, 2004
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
None.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
None.
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
None.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
20
Attachment A
Program Statutes and Regulations
1. Funding must be used for planning that will assist States, Territories, Indian tribal governments and local
governments in preparedness for, and consequence management of, possible terrorist attacks and for
other purposes. Funds may be used for:
Development or enhancement of local continuity of operations plans and terrorist incident response
annexes.
Development or enhancement of supporting documents such as Standard Operating Procedures and
Risk Assessments.
Training related to the development or enhancement of emergency operations and strategic plans.
Conducting workshops or other training for local governments related to the development or
enhancement of emergency operations and strategic plans.
Hiring personnel or contract support that directly support the accomplishment of these tasks.
Funding cannot be used for:
Training not directly related to development or enhancement of emergency operations and strategic
plans.
Operational training of first responders.
Exercises of any kind or size.
The purchase of equipment.
To supplant existing Federal, State, or local government funding or existing planning programs.
2. Selection of local jurisdictions located in the State of Florida is based on population size, threat
assessment, and vulnerability rating.
3. This Federal Grant period closes on June 30,2004
4. MANDATORY REQUIREMENTS
The local terrorist incident response annex to the local comprehensive emergency management plan must
meet the criteria as defined in Part 1 - Local Comprehensive Emeroencv Manaoement Plan Compliance
Criteria and Rule 9G-6 REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS. These can be found
by visiting www.floridadisaster.org.Click the link Local Comprehensive Emeroencv Manaoement Plan
Compliance Criteria at the bottom of the page. It must also follow the sample format for Terrorism Incident
Response Annexes in accordance with the FEMA Planning Guidance.
The continuity of operations plans shall be developed in accordance with the Continuity of Operations
Implementation Guidance, dated September 9, Chapter No. 2002-43, Florida Law, and the Division of
Emergency Management's training course entitled Continuity of Operations: Elements of Viability.
SUGGESTED GUIDELINES
Additionally, the following documents are provided to serve as guidelines in the revision of the terrorism
annex:
Terrorism Incident Response Annex to the State CEMP
Regional Domestic Security Task Force Standard Operating Procedure Template
FEMA Planning Guidance, which contains a sample format for Terrorism Incident Response Annexes.
Florida Field Operations Guide (FOG)
These documents are included in this contract package.
21
Attachment B
Budget and Scope of Work
I. Proposed BudQet
Salary $
Contractual Services $
Training/Workshop $
Printing $
Supplies $
Other $
Total Contract Funds $
,\<X;>,dO
of)
25,000
The Recipient shall revise the County Terrorism Annex Plan and develop a County Continuity of
Operations (COOP) Plan using the funding indicated below. At each quarterly reporting period,
the Recipient shall provide a breakdown of the project finances used for each Plan using the
corresponding Quarterly Report Forms, Attachment C, of this Agreement.
County Terrorism Annex Plan Revision
County COOP Plan
5,000
20,000
If the Recipient succeeds in acquiring services and completing the prescribed planning for less
than the budgeted amounts, then it must notify the Department and request authorization to apply
unexpended funds to the project and identify their proposed use. Any funds identified in the
Proposed Budget for the revised County Terrorist Incident Response Annex not needed for Annex
revision will be used for COOP planning in accordance with this Scope of Work. Unexpended
COOP funds may be applied to enhance the project through development of additional Plans
beyond the six critical services for Monroe County.
II. Scope of Work
The Recipient shall revise the County Terrorism Annex Plan and develop a County Continuity of
Operations (COOP) Plan applying the standards outlined under the Plan Development Guidelines
provided in Section V. Revision and development of these Plans shall be completed no later
than April 16, 2004.
A. Revision of the Monroe County Terrorism Incident Response Plan Annex to the Monroe
County Comprehensive Emergency Management Plan (CEMP). This will be the guiding
document for responding to terrorist incidents, including those involving Weapons of Mass
22
Destruction (WMD). The revised Annex will be designed in accordance with Regional, State,
and Federal Plans, guidance and requirements. The revised Annex will address the roles and
responsibilities of all appropriate agencies in the event of a terrorist incident. The revised
Annex will be organized in accordance with, and contain at a minimum, the information
outlined in the Federal Emergency Management Agency (FEMA) Planning Guidance. Copies
of the FEMA Planning Guidance, State Plan, and Regional Template are provided on
Compact Disk, attached hereto as Attachment F, to serve as guides for revising the Monroe
County Terrorism Incident Response Plan Annex.
B. Monroe County COOP Plan. This Plan is to ensure the execution of County mission
essential functions without interruption in the event of any emergency or event. The COOP
Plans shall be designed using an all-hazards approach which includes localized acts of
nature, accidents, technological and/or terrorist related incidents. To provide for the citizens
of Monroe County, COOP planning will address six critical services: Fire/Rescue,
Police/Sheriffs, Emergency Management, 911 Communications, EMS/Ambulance, Public
Works/Engineering. The Plans shall be developed in accordance with the Continuity of
Operations Implementation Guidance, dated September 9, Chapter No. 2002-43, Florida Law,
and the Division of Emergency Management's training course entitled Continuity of
Operations: Elements of Viability. Copies of these documents are provided on Compact
Disk, attached hereto as Attachment F, to serve as guides for developing COOP Plans for
Monroe County.
III. Elioible Expenses
Funding must be used for planning that will assist States, Territories, Indian tribal governments
and local governments in preparedness for, and consequence management of, possible terrorist
attacks and for other purposes. Funds may be used for:
A. Development or enhancement of local continuity of operations plans and terrorist incident
response annexes.
B. Development or enhancement of supporting documents such as Standard Operating
Procedures and Risk Assessments.
C. Training related to the development or enhancement of emergency operations and strategic
plans.
D. Conducting workshops or other training for local governments related to the development or
enhancement of emergency operations and strategic plans.
E. Hiring personnel or contract support that directly support the accomplishment of these tasks.
IV. Inelioible Expenses
Funding cannot be used for:
A. Training not directly related to development or enhancement of emergency operations and
strategic plans.
B. Operational training of first responders.
C. Exercises of any kind or size.
D. The purchase of equipment.
E. To supplant existing Federal, State, or local government funding or existing planning
programs.
V. Plan Development
A. Revision of the Monroe County Terrorism Incident Response Plan Annex.
23
1. Provide specific local, regional and state agencies that will be involved in the revision of
the Monroe County Terrorism Annex. For example:
. Local Fire Departments
. Local Law Enforcement Agencies
. Local Correctional Facilities
. Local Health Care Providers
. Local Public Works Agencies
. Local Emergency Management Agencies
. State of Florida
. Federal Agencies
. Not-for-Profit Agencies
. Other Agencies as Necessary
2. Establish how and when the revision of the Monroe County Terrorism Incident Response
Plan Annex will be completed, including projected dates and goals. This may be done in
the form of a project timeline.
3. Revise the current County Terrorism Incident Response Plan Annex in accordance with
Regional, State and Federal Plans utilizing FEMA planning guidance provided and submit
a draft revised Annex to the Department for review prior to the finalization in accordance
with the Reporting Schedule, Section VII. of this Scope of Work.
4. Submit the final version of the revised Monroe County Terrorism Incident Response Plan
Annex to the Department in accordance with the Reporting Schedule, Section VII. of this
Scope of Work.
5. Incorporate the revised Terrorism Incident Response Plan Annex into the Monroe County
CEMP.
B. Monroe County COOP Plans for six critical services: Fire/Rescue, Police/Sheriffs,
Emergency Management, 911 Communications, EMS/Ambulance, Public Works/Engineering.
1. Prepare and employ a Strategy and Program Management Plan to coordinate activities
and ensure consistent COOP Plan development. This Plan should include project
milestones and may be prepared in the form of a project timeline or Gantt Chart.
2. Analyze capabilities and vulnerabilities for each of the six County critical services.
3. Review internal Plans and policies general to County operations and specific to each of
the six County critical services.
4. Identify codes and regulations with an impact on planning process and plan development
general to County operations and specific to each of the six County critical services.
5. Design COOP Plans for each of the six County critical services to:
a. Ensure that the County is prepared to respond to emergencies, recover from them,
and mitigate against their impacts.
b. Assure that the County is prepared to provide critical services in an environment that
is threatened, diminished, or incapacitated.
c. Provide a means of information coordination to the County government to ensure
uninterrupted communication within the internal organization of the County and
externally to all identified critical customers.
24
d. Provide timely direction, control, and coordination to the County leadership and other
critical customers before, during, and after an event or upon notification of a credible
threat.
e. Establish and enact time-phased implementation procedures to activate various
components of the Plan to provide sufficient operational capabilities relative to the
event or threat thereof for the County.
f. Facilitate the return of County government to normal operating conditions as soon as
practical based on circumstances and the threat environment.
g. Ensure that the County's COOP Plan is viable and operational, and that it remains
compatible with Florida's Comprehensive Emergency Management Plan.
6. Utilize essential elements of viability to ensure a baseline of preparedness across the full
range of potential emergencies. The Plans shall address the following elements:
a. Plans and procedures
b. Mission essential functions
c. Delegations of Authority
d. Orders of Succession
e. Alternate Facilities
f. Interoperable Communications
g. Vital Records and Databases
h. Logistics and Administration
i. Personnel Issues and Coordination
j. Security
k. Test, Training, and Exercise
I. Program Management
7. Develop a concept of operations for the COOP Plans which can:
. Be maintained at a high level of readiness;
. Be capable of implementation both with and without warning;
. Be operational no later than 12 hours after activation;
. Maintain sustained operations for up to 30 days; and,
. Take maximum advantage of existing County infrastructures.
8. Prepare COOP Plans which assign responsibilities, establish procedures, and focus on
the following objectives:
. Ensure the safety of personnel and visitors;
. Provide for the ability to continue essential operations;
. Contain provisions for the protections of critical equipment, records, and other
assets;
. Maintain efforts to minimize damage and losses;
. Contain provisions for an orderly response and recovery from any incident;
. Serve as a foundation for the continued survival of leadership; and,
. Assure compliance with legal and statutory requirements.
9. Utilize a time-phase operational approach to include Activation, Alternate Operations, and
Reconstitution and Termination.
10. Submit COOP Plan outlines for each of the six critical services to the department for
review in accordance with the Reporting Schedule, Section VII. of this Scope of Work.
25
11. Submit draft COOP Plans for each of the six critical services to the department for review
in accordance with the Reporting Schedule, Section VII. of this Scope of Work.
12. Submit final versions of COOP Plans for each of the six critical services to the
Department in accordance with the Reporting Schedule, Section VII. of this Scope of
Work.
VI. Reoortinq Reauirements and Reimbursement
A. Quarterly Reports shall be submitted for each Plan in accordance with this Agreement and
Section VII, Reporting Schedule, of this Scope of Work using the corresponding Quarterly
Report Form provided for each Plan, attached hereto as Attachment C. The Quarterly
Reports are due to the Department no later than the end of each quarter of the program year
and shall continue to be submitted each quarter until submission of the administrative
closeout report. The Quarterly Report shall provide the status of documentation requirements
in accordance with the Plan Development (Section V.) of this Scope of Work, as well as a
breakdown of the project finances used for each Plan.
B. Reimbursement may be requested on a quarterly basis as needed, and will be based on
activities and expenses as reported in accordance with the Reporting Schedule, Section VII of
this Scope of Work. Funds will be reimbursed upon submission of the corresponding
Quarterly Report, Attachment C, and the submission of an approved Financial Report!
Reimbursement Request for payment, Attachment E. Funds are to be expended in
accordance with the Budget and Scope of Work. Final Reimbursement Requests shall be
received by the Department no later than May 16, 2004.
C. A full accounting for the expenditure of the $25,000 will be contained in the Final Closeout
Report (Attachment D), which is due 30 days after the termination of this Agreement or upon
completion of the activities contained in this Agreement, and prior to final disbursement of
funds under this Agreement.
VII. Reoortinq Schedule
A. First Quarter Report, provide at a minimum:
1. Revised Monroe County Terrorism Incident Response Plan Annex:
a. Agency List for the revision of the Monroe County Terrorism Incident Response Plan
Annex.
b. Project Timeline for the revision of the Monroe County Terrorism Incident Response
Plan Annex.
c. Estimated Budget Plan for the revision of the Monroe County Terrorism Incident
Response Plan Annex.
d. Reimbursement request for funds expended during reporting quarter, with supporting
backup documentation, including copies of vendor invoices, cancelled checks and
purchase orders.
2. Monroe County COOP Plans:
a. Agency List for the development of the Monroe County COOP Plans for the six critical
services: Fire/Rescue, Police/Sheriffs, Emergency Management, 911
Communications, EMS/Ambulance, Public Works/Engineering.
b. Strategy and Program Management Plan for the Monroe County COOP Plans.
c. Estimated Budget Plan for the Monroe County COOP Plans.
26
d. Reimbursement request for funds expended during reporting quarter, with supporting
backup documentation, including copies of vendor invoices, cancelled checks and
purchase orders.
B. Second Quarter Report, provide at a minimum:
1. Revised Monroe County Terrorism Incident Response Plan Annex:
a. Updated Project Timeline for the revision of the Monroe County Terrorism Incident
Response Plan Annex.
b. Reimbursement request for funds expended during reporting quarter, with supporting
backup documentation, including copies of vendor invoices, cancelled checks and
purchase orders.
2. Monroe County COOP Plans:
a. County Capability Analysis and Vulnerability Assessment for the six critical services.
b. County Internal Review Results to include list of Authorities and References.
c. Outline for County COOP Plans for the six critical services.
d. Updated Strategy and Program Management Plan for the Monroe County COOP
Plans.
e. Reimbursement request for funds expended during reporting quarter, with supporting
backup documentation, including copies of vendor invoices, cancelled checks and
purchase orders.
C. Third Quarter Report, provide at a minimum:
1. Revised Monroe County Terrorism Incident Response Plan Annex:
a. Draft revision of the Monroe County Terrorism Incident Response Plan Annex.
b. Updated Project Timeline for the revision of the Monroe County Terrorism Incident
Response Plan Annex.
c. Reimbursement request for funds expended during reporting quarter, with supporting
backup documentation, including copies of vendor invoices, cancelled checks and
purchase orders.
2. Monroe County COOP Plans:
a. Draft Monroe County COOP Plans for the six critical services.
b. Updated Strategy and Program Management Plan for the Monroe County COOP
Plans.
c. Reimbursement request for funds expended during reporting quarter, with supporting
backup documentation, including copies of vendor invoices, cancelled checks and
purchase orders.
D. Fourth Quarter Report, provide at a minimum:
1. Revised Monroe County Terrorism Incident Response Plan Annex:
a. Final Version of the revised Monroe County Terrorism Incident Response Plan Annex.
b. Reimbursement request for funds expended during reporting quarter, with supporting
backup documentation, including copies of vendor invoices, cancelled checks and
purchase orders.
27
2. Monroe County COOP Plans:
a. Final Version of the Monroe County COOP Plans for the six critical services.
b. Reimbursement request for funds expended during reporting quarter, with supporting
backup documentation, including copies of vendor invoices, cancelled checks and
purchase orders.
E. Final Closeout Report, provide at a minimum:
1. Revised Monroe County Terrorism Incident Response Plan Annex:
a. Any applicable documentation to substantiate incorporation of the revised Terrorism
Incident Response Plan Annex into the Monroe County Comprehensive Emergency
Management Plan.
b. Closeout Financial Documentation.
2. Monroe County COOP Plans:
a. Any applicable documentation to substantiate integration of COOP Plans for six
critical services into the Monroe County Comprehensive Emergency Management
Plan.
b. Closeout Financial Documentation.
28