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Agreement Number: 05BG-04-11-54-01~/ '7
CSF A Number: 52008
CFDA Number: 97.042
STATE AND FEDERALLY FUNDED SUB GRANT 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 MONROE COUNTY County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
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 State of Florida, and
has the authority to sub grant 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, Attachment
A; and Scope of Work, Attachment B and B-1, 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 C.
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(3) PERIOD OF AGREEMENT
This Agreement shall begin October 1, 2004 and shall end September 30, 2005, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original ofthis Agreement. Notwithstanding the foregoing, any
budget changes which do not increase the overall cost of the project or change the Scope of Work
do not require a written modification to this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be
subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local
Governments" (53 Federal Register 8034) or OMB Circular No. A-I 10, "Grants and Agreements
with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either
OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No.
A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles
for Nonprofit Organizations." 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, and the compliance of all subcontractors or consultants to be
paid from funds provided under this Agreement, for a period of five years from the date the audit
report is issued, and shall allow the Department or its designee, Chief Financial Officer, or
Auditor General access to such records upon request. The Recipient shall ensure that audit
working papers are made available to the Department or its designee, Chief Financial Officer, or
Auditor General upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the Department, with the following exceptions:
.. I. 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 Qf 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.
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( c) The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
supporting documentation of all program costs, in a form sufficient to determine compliance with
the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments
B and B-1, 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.
(6) AUDIT REQUIREMENTS
For Federal Funds:
(a) The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for the receipt
and expenditure of funds under this Agreement.
(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.
(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 $500,000
or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific
audit conducted in accordance with the provisions ofOMB 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 i.ts 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 this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C
of OMB Circular A-133, as revised.
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If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required.
In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of 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
directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance Planning and Support
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:
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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
Bureau of Compliance Planning
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.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-I33 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) 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.
G) The Recipient shall have all audits completed by an independent certified
public accountant (IP A) who shall either be a certified public accountant or a public accountant
licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the
applicable provisions noted above. The audit must be submitted to the Department no later than
seven (7) months from the end of the Recipient's fiscal year. -
For State Funds:
(a) The Recipient agrees to maintain financial procedures and support documents,
in accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
5
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.
(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 nonstate entity as defined by Section 215.97, Florida
Statutes, it shall comply with the following:
In the event that the Recipient expends a total amount of State financial assistance equal to
or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State
single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and
Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance
awarded through the Department by this Agreement. In determining the State financial assistance
expended in its fiscal year, the Recipient shall consider all sources of State financial assistance,
including State funds received from the Department, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and
resources received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the
Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a reporting package as defined by Section 215.97(2)( d),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year,
an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. In the event that the Recipient expends less than $500,000 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost ofthe audit must be paid from the nonstate entity's resour~es
(i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other
than State entities
(e) Report Submission
I. The annual financial audit report shall include all management letters _
and the Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
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3. Copies of financial reporting packages required under this Paragraph 6 shall be
submitted by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-B3, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the
Department for audits done in accordance with OMB Circular A-B3 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.
(t) 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.
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(g) The Recipient shall have all audits completed in accordance with.
Section 215.97, Florida Statutes by an independent certified public accountant (IPA) who shall
either be a certified public accountant or a public accountant licensed under Chapter 473, Florida
Statutes. The IP A shall state that the audit complied with the applicable provisions noted above.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly
financial reports, and with a close-out report. Semi-annual and end of year reports shall include
the current status and progress by the Recipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to such other information as requested by the Department.
(b) Quarterly financial reports are due to be received by the Department no
later than 30 days after the end of each quarter of the program year and shall continue to be
submitted each quarter until submission of the administrative close-out report. The ending dates
for each quarter of the program year are December 31, March 31, June 30 and September 30.
(c) The close-out report is due 45 days after termination ofthisAgreement or
upon completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the
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 (11) REMEDIES. "Acceptable to the Department"
means that the work product was completed in accordance with the Budget and Scope of
Work.
( e) 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
Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this
Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished
within the specified time periods, and other performance goals stated in this Agreement are
achieved. Such review shall be made for each function or activity set forth in Attachment Band
B-1 to this Agreement, and reported in the semi-annual and end of year progress reports.
8
In addition to reviews of audits conducted in accordance with OMB Circular A-B3, as
revised and Section 215.97, Florida Statutes (see Paragraph (6) AUDIT REQUIREMENTS,
above ), monitoring procedures may include, but not be limited to, on-site visits by Department
staff, limited scope audits as defined by OMB Circular A-l33, as revised, and/or other procedures.
By entering into this Agreement, the Recipient agrees to comply and cooperate with all
monitoring procedures/processes deemed appropriate by the 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. 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 Departmentwill monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section
768.28, Florida Statutes. the Recipient shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this agreement, and shall hold the 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, Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28
Florida Statutes, 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.
(10) DEFAULT
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 in
Paragraph (11), 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:
(a) 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 the Recipient shall fail to keep, observe or perform any of the obligations, terms or
covenants contained in this Agreement or any previous agreement with the Department and has
not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder;
9
(b) If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said .
material adverse change within thirty (30) days from the time the date written notice is sent by the
Department.
(c) If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of
its obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Department may, at its option,
upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure
to cure within said thirty (30) day period, exercise anyone or more of the following remedies,
either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least
thirty (30) days prior written notice of such termination. The notice shall be effective when placed
in the United States mail, first class mail, postage prepaid, by registered or certified mail-return
receipt requested, to the address set forth in paragraph (13) herein;
(b)
of this Agreement;
Commence an appropriate legal or equitable action to enforce performance
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
I. requesting additional information from the Recipient to determine
the reasons for or the extent of non-compliance or lack of performance,
-
2. issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or
4. requiring the Recipient to reimburse the Department for the amount
of costs incurred for any items determined to be ineligible;
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(e) Require that the Recipient return to the Department any funds which were
used for ineligible purposes under the program laws, rules and regulations governing the use of
funds under this program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Department
from pursuing any other remedies contained herein or otherwise provided at law or in equity. 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.
(12) TERMINATION
(a) 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, Florida Statutes, as amended.
(b) The Department may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results
commensurate 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 as evidenced by written amendment of this Agreement. The amendment shall
establish the effective date of the termination and the procedures for proper closeout of the
Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the
notification of termination. The Recipient will cancel as many outstanding obligations as
possible. Costs incurred after the date of receipt of notice of the termination will be disallowed.
Notwithstanding the above, the Recipient shall not be relieved of liability to the 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.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in
writing, either by hand delivery, or first class, certified mail, return receipt requested, to the
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representative identified below at the address set forth below and said notification attached to the
original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement
IS:
Dee Giles, Contract Manager
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: (850) 413-9940
Fax: (850) 488-7842
Email: dee.giles@dca.state.fl.us
(c) the name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
7LmA-.l ~ C 1.f//I<<ItI. JA..
R. E P AoIhf/"" ~ rn.:' ,.~
".teN/he C.l4.~T'f eM
l{ fj () , 3" oS fit II e1
#/;fItAL"'. t:/ 3305'0
Telephone: ::JoS ,2 ef 'fJ/f
Fax: 30ft .<,19 ('333
Email: CIAII.fIII -i'i* e 1II."'A.le COfAlll17-":1 . ~""
(d) In the event that different representatives or addresses are designated by either
party after execution ofthis Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Ae:reement. a
COpy of the executed subcontract must be forwarded to the Department for review within ten
(10) days of execution. 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 (Hi) 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. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the semi- annual and end of year progress reports
submitted by the Recipient.
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For each subcontract. the Recipient shall provide a written statement to the
Department as to whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments
Exhibit 1 - Funding Sources
Attachment A - Budget
Attachment B and B-1 - Scope of Work
Attachment C - Program Statutes, Regulations, and Program Requirements
Attachment D - Reports
Attachment E - Justification of Advance
Attachment F - Warranties and Representations
Attachment G - Certification Regarding Debarment
Attachment H - Statement of Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$102.959 subject to the availability of funds
(b) By its execution of this Agreement, the Recipient authorizes the
Department to deduct the appropriate costs of the recurring charges for the satellite
communications Service from the allocation provided to Recipient under Rule 9G-19.005(3),
Florida Administrative Code. The deduction is $2.847 for twelve months.
(c) Any advance payment under this Agreement is subject to Section 216.181 (16),
Florida Statutes, and is contingent upon the Recipient's acceptance of the rights of the Department
under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed
the expected cash needs of the Recipient within the first three (3) months of the contract term. For
a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87,
13
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 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.
1. -A-- No advance payment is requested.
2.
An advance payment of $
is requested.
(d) After the initial advance, if any, payment shall be made on a quarterly
reimbursement basis. Additional reimbursement requests in excess of those made quarterly may
be approved by the Department for exceptional circumstances. An explanation of the exceptional
circumstances must accompany the request for reimbursement. The Recipient agrees to expend
funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachment Band
B-1 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, all obligations on the part of the Department to make any further payment of funds
hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days
of receipt of notice from the Department.
The amount of funds available pursuant to this rule chapter may be adjusted
proportionally when necessary to meet any matching requirements imposed as a condition of
receiving federal disaster relief assistance or planning funds.
Any requests received after November 1,2005, may, in the discretion of the Department,
not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by
facsimile transmission.
Changes to the amount of funding to be provided may be accomplished by notice from the
Department to the Recipient, in the form of certified mail, return receipt requested. The
Department may make an award of additional funds by subsequent A ward Letter certified m~il,
return receipt requested. These additional funds may be accepted by the Emergency Management
Director or the Recipient's contact identified in Paragraph (13), above if authorized. Should the
Recipient determine it does not wish to accept the award of additional funds, then the Recipient
shall provide notice to the Department contact within thirty (30) days of receipt of the Award
Letter. Otherwise, the Recipient shall provide to the Department its written notice of acceptance
within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be
considered to have been modified to include the additional funds upon the Department's receipt of
the written notice of acceptance and receipt of a budget form which details the proposed
expenditure of the additional funds. The budget form will be provided by the Department when
the offer of additional funds is made.
14
All funds received hereunder shall be placed in an interest-bearing account with a
separate account code identifier for tracking all deposits, expenditures and interest earned. Funds
disbursed to the Recipient by the Department that are not expended in implementing this program
shall be returned to the Department, along with any interest earned on all funds received under this
Agreement, within ninety (90) days of the expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Whenever required by law or
otherwise permitted, the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management
and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
At a minimum, the Recipient shall continue to provide other funding for the
Recipient's Emergency Management Agency at an amount equal to either: (1) the average
of the previous three years' level of county general revenue funding of the Recipient's
Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency
Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011).
Recipient's general revenue funding for 911 services, emergency medical services, law
enforcement, criminal justice, public works or other services outside the local emergency
management agency as defined by Section 252.38, Florida Statutes, shall not be included in
determining the "level of county funding of the Recipient's Emergency Management
Agency." The Recipient shall certify compliance with this rule chapter and this rule by its
execution of this Agreement, and as a condition precedent to receipt of funding.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for
dollar from non-federal funds.
Should the Recipient wish to carry forward into the fiscal year beginning October 1, 2005
any unspent funds awarded under this Agreement, the Recipient must request such carry forward
of funds in writing with accompanying documentation detailing the exceptional circumstances
requiring the need to the Department by June 30, 2005. At the Division's discretion, an amount
not, to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried
forward under this Agreement. Failure to timely submit information, or failure to submit cofuplete
information, may result in the denial of a request to carry funds forward. Any carry forward
amounts approved will be added to the Recipient's base Agreement for the following year. Funds
may not be carried forward for the purpose of paying salaries and benefits of regular or Other
Personal Services personnel. Such salaries and benefit funds may be carried forward to cover
contractual or other temporary personnel costs for nQ,n-recurring projects only.
15
All payments relating to the Agreement shall be mailed to the following address:
1YI"lIIlt.oC C~",N1) l;. M
..,-D1r\ C 14 tI~
'i 'Ii) , 3~" Sf:
/Yl A-1t.1l11...", I t= I 3 3 0 S' 0
\
i
(18) REPAYMENTS
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 Section215 .34(2), Florida Statutes, 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.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Florida Statutes, 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
inte.rest at a rate as established pursuant to Section 55.03(1) Florida Statutes. 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.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such information,
16
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.
(b) This Agreement shall be construed under the laws of the State of Florida,
and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this Agreement.
( c) Any power of approval or disapproval granted to the 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 list or on the discriminatory vendor
list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity,
and may not transact business with any public entity.
(h) 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:
17
1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal department or
agency;
2. have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transaction; violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in
paragraph 20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment G) foreach prospective subcontractor which Recipient intends
to fund under this Agreement. Such form must be received by the Department prior to the
Recipient entering into a contract with any prospective subcontractor.
(1) 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.
(j) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Florida Statutes.
(1) 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, Florida Statutes, and made or received by
the Recipient in conjunction with this Agreement.
(m) 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.
18
(n) 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.
(0) This Agreement may not be renewed or extended.
(21) 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
und~rsigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
19
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.
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE
STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN.
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing
patent or copyright, the Recipient shall retain all rights and entitlements to that pre-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 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 accrue during performance of the
Agreement.
(23) 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.
20
(24) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
IN'WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
RECIPIENT:
.., .i
"~~
fV1 D tJ f.Df- County
BY: i/lJ; lJ;~
Name and title: })I'/J~ 5-?tIlA-kl ~~/tY~(
Date: 11/;1/1
FID# s-7-~~ 71-f
MONROE COUNTY ATTORNE'i
ED AS TOF
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
~~
~....)
,
.-"..-\,
Name and Title: W. Craig Fugate, Director
l~ ~ r'-'
."_W'
Date:
/dj;Jj ()tj
-
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r-
'."
.'
~J~
.. \
21
EXIllBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST-OF THE FOLLOWING: .
Federal Program -0- (Federal funds will be awarded at a later date)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable at this time. Federal funds will be awarded at a later date within this
contract year.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and
number)
State Awarding Agency: Department of Community Affairs
Catalog of State Financial Assistance Title: Emere:encv Manae:ement Proe:rams
Catalog of State Financial Assistance Number: 52008
State Grant Amount: $105,806
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida
Administrative Code.
22
Attachment A
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (l7)(a),
FUNDING/ CONSIDERATION). Aseparate budeet form for the Emereencv Manaeement
Performance Grant (EMPG) portion of this suberant will be provided when funds are
awarded bv the Department.
Cateeorv Anticipated Expenditure Amount
Salaries/Fringe Benefits $ /O:z.. . f5"'
,
Other Personal Services $
Expenses $
Operating Capital Outlay $
Fixed Capital Outlay $
Total State Funds $ /o~ I 95' 9
.
(Page 13)
23
Attachment B and B-1
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
intended to enhance county emergency management plans and programs that are consistent with
the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-
6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work
recognizes that each recipient is at a varying level of preparedness, and it is understood that each
county has a unique geography, faces unique threats and hazards, and serves a unique population.
In order to receive base grant funding, the Recipient must certify that it will use the award to
enhance its Emergency Management Program.
As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the
work items approved by the Department and attached hereto as Attachment B-1. Subsequent
revisions during the term of this Agreement shall done by written modification in accordance with
Paragraph (4) of this Agreement.
24
Attachment C
Program Statutes, Regulations, and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 9G-6, 9G-II, 9G-I9 and 9G-20, Florida Administrative Code
3. Chapter 215.97, Florida Statutes
4. Chapter 287, Florida Statutes
5. Chapter 119, Florida Statutes
6. Chapter 112, Florida Statutes
7. OMB Circular A-87
8. OMB Circular A-I33
9. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Recipient acknowledges the completed installation of a Hughes Network Systems,
Inc., Personal Earth Station@ and related equipment (hereinafter "the Equipment").
The Recipient acknowledges and agrees to comply with applicable terms and conditions
of: (1) the State of Florida LeaseIPurchase Agreement, dated October 1994, executed
between Hughes Network Systems, Inc. ("HNS"), and the Department, (a copy of which is
available from the Department) regarding the procurement and use of the Equipment; and
(2) the Services Agreement Between Hughes Network Systems, Inc., and the State of
Florida, dated January 1995, (a copy of which is available from the Department)
(hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive
satellite communications service for the Department, the Recipient and other sites. In-
particular, the Recipient agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and
any requests for repairs, service, maintenance or the like, shall be communicated
directly and exclusively to the Department's State Warning Point (SWP) (850) 413-
9910.
B. That the Recipient will assist and comply with the instructions of the SWP and any
technical service representative responding to the report or service request.
Recipient's personnel shall cooperate with and assist service representatives, as
required, for installation, troubleshooting and fault isolation, with adequate staff.
25
C. That the Recipientshall not change, modify, deinstall, relocate, remove or alter the
Equipment, accessories, attachments and related items without the express written
approval of the Department.
D. That the Recipient shall provide access, subject to reasonable security restrictions,
to the Equipment and related areas and locations of the Recipient's facilities and
premises, and will arrange permitted access to areas of third-party facilities and
premises for the purpose of inspecting the Equipment and performing work related
to the Equipment. Service representatives and others performing said work shall
comply with the Recipient's reasonable rules and regulations for access, provided
the Department is promptly furnished with a copy after execution of this
Agreement. The Recipient shall provide safe access to the Equipment and will
maintain the environment where the Equipment is located in a safe and secure
condition. The Recipient shall provide service representatives with access to
electrical power, water and other utilities, as well as telephone access to the
Recipient's facility as required for efficient service.
E. That the Recipient shall take reasonable steps to secure the Equipment and to
protect the Equipment from damage, theft, loss and other hazards. This shall not
obligate the Recipient to procure insurance. The Department agrees to procure and
maintain all risks insurance coverage on the Equipment. The Recipient agrees to
refrain from using or dealing with the Equipment in any manner which is
inconsistent with the HNS Agreements, any policy of insurance referred to in the
HNS Agreements, and any applicable laws, codes ordinances or regulations. The
Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed
to deteriorate, except normal wear and tear resulting from its intended use. The
Recipient shall immediately report any damage, loss, trouble, service interruption,
accident or other problem related to the Equipment to the SWP, and shall comply
with reasonable instructions issued thereafter.
26
F. That any software supplied in connection with the use or installation of the
equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or
HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said
software is subject to a license granted from HNS to the Department, and a
sublicense from the Department to the Recipient, to use the software solely in the
operation of the Equipment, to commence on delivery of the software to the
Recipient and to last for the term ofthe HNS Agreements. The Recipient shall not:
(i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the
software, or (Ii) create or attempt to create, or permit others to create or attempt to
create, by reverse engineering or otherwise, the source programs or any part thereof
from the object programs or from other information provided in connection with
the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer,
disclose, lease, or license the software to any third party.
G. To comply with these provisions until the termination of the HNS Agreements.
H. The amounts retained for the satellite service cover the initial order for services
provided to the Department pursuant to the services agreement between Hughes
Network Systems and the State of Florida. The charge does not cover
maintenance, repair, additional equipment and other services not part of the initial
order for services. The service charge covers only the remote corrective
maintenance specified in paragraph 4.3 of the Service Agreement with HNS and
does not cover other maintenance, repair, additional equipment and other services
not part of the initial order for services. In particular, the service charge does not
cover:
1. Maintenance, repair, or replacement of parts damaged or lost through
catastrophe, accident, lightning, theft, misuse, fault or negligence of the
Recipient or causes external to the Equipment, such as, but not limited to,
failure of, or faulty, electrical power or air conditioning, operator error,
failure or malfunction of data communication Equipment not provided to
the Recipient by the Department under this Agreement, or from any cause
other than intended and ordinary use.
2. Changes, modifications, or alterations in or to the Equipment other than
approved upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the Equipment or any accessories,
attachments or other devices.
The Recipient shall be independently responsible for any and all charges not part of the initial
service order.
27
(2) NAWAS
In the event the Recipient desires to continue use of the National Warning System
<NA WAS) line, then the Recipient shall assume all operational and fiscal responsibility for the
NA WAS line and equipment in the County.
(3) VEHICLES
Written approval from the Director of the Division of Emergency Management must be
obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In
the absence of such approval, the Department has no obligation to honor such reimbursement
request. Any trade-in or resale funds received relating to any vehicle purchased under this
subgrant is program income and must be applied toward the Recipient's Emergency Management
Preparedness and Assistance (EMP A) Base Grant expenditures.
(4) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Wherever required by law or
otherwise permitted, the Recipient shall utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and
Budget Circular A-I 02 - Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement
for the purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of
the Recipient. The disposition of equipment shall be made in accordance with the Recipient's
policies and procedures and applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 9G-6, 9G-l1, and 9G-19, Florida Administrative Code. -
Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the
emergency management program and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management,
Preparedness and Assistance Trust Fund (EMPA funds) will notbe used to supplant existing
funds, nor will funds from one program under the Trust Fund be used to match funds received
from another program under the Trust Fund. The Recipient further certifies that EMP A funds
shall not be expended for 911 services, emergency medical services, law enforcement, criminal
justice, fire service, public works or other services outside the emergency management
responsibilities assigned to the Recipient's Emergency Management Agency, unless such
28
expenditurf; enhances emergency management capabilities as expressly assigned in the local
Comprehensive Emergency Management Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement (SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain
a full-time Director consistent with Rule 9G-19.002(6), Florida Administrative Code.
(6) OTHER CONDITIONS
(a) As a further condition ofreceiving funding under this Agreement, following full or
partial County Emergency Operation Center activation at a level equivalent to a State Emergency
Operation Center level two (2) or above during the period of this Agreement, then the Recipient
shall, within forty-five (45) days following the conclusion ofthe activation, evaluate the
performance of all elements of the local emergency management program during that activation,
and provide a written after action report to the Department.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational
information to educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and
other personnel only if the Recipient's Emergency Operation Center or field command office is in
an activated status and personnel receiving food/beverage are on duty at either of these locations.
Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State
of Emergency appropriately declared by local officials in response to an emergency event or
threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of
any new or updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, emergencies or otherwise. govern the activation of thelocal
emergency management program provided in s.252.38, Florida Statutes.
29
Attachment D
Reports
A. The Recipient shall provide the Department with quarterly financial reports, semi-annual
summary progress reports prepared in conjunction with the Department's Area Coordinator,
and a final close-out report, all in a format to be provided by the Department.
B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are
due to the Department no later than thirty (30) days after the end of each quarter of the
program year; and shall continue to be submitted each quarter until submission of the final
close-out report. The ending dates for each quarter of this program year are December 31,
March 31, June 30 and September 30.
C. The final close-out report is due forty-five (45) days after termination of this Agreement.
D. In addition to the above, in order to ensure compliance with Rule 9G-19.0 II, Florida
Administrative Code, historical budgetary information relating to the Recipient's Emergency
Management Program is also required. This information shall be developed based on
guidelines provided by the Department and shall be submitted to the Department not later than
December 31, 2004. The Historical Information form must be prepared and siened bvan
official of the County's Finance Office.
E. In a format provided by the Department, a proposed staffing summary shall be submitted to the
Department not later than December 31, 2004.
F. If all required reports prescribed above are not provided to the Department or are not
completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in Paragraphs (9),
and Rule 9G-19.0 14, Florida Administrative Code. "Acceptable to the Department" means
that the work product was completed in accordance with generally accepted principles,
guidelines and applicable law, and is consistent with the Scope of Work.
G. . Upon reasonable notice, the Recipient shall provide such additional program updates or -
information as may be required by the Department.
H. All report formats provided by the Department shall be made available to the Recipient on the
Division's Internet site and a hard copy will be mailed with a fullv executed copv of the
Agreement.
30
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
lecipient:
ndicate by checking one of the boxes below, if you are requesting an advance~- If an advance payment is requested;blidgel
lata on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. - _,
:16.181(16)(a)(b)~ Florida Statutes. The amount which may be advanced shall not exceed toe expected cash needs of the
'ecipient within the initial three months.
[ ] NO ADY ANCE REQUESTED
[ ] ADY ANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, and purchase start-up supplies and equipment. We
would not be able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A)
FFY 2002
(B)
FFY 2003
(C)
FFY 2004
(D)
Total
DESCRIPTION
1
2
3
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 EMPA Award
(Do not include match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] ~ecipient has no previous EMPA contract history. Complete Estimated Expenses chart and Explanation of
Circumstances below.
] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated
above.
31
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2004-2005 Anticipated Expenditures for First Three
Months of Contract
Salaries/OPS
Program Expenses
TOTAL EXPENSES
Explanation of Circumstances
32
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
'"'\~~.
(2) Records that identify adequately the source and application 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 adequately
safeguard all such 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 for determining the reasonableness, allocability and allowability of costs in accordance with
the provisions of the applicable cost principles and the terms and conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source documentation.
:ompetition.
<\11 procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free
~ompetition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
nay restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and
diminate 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
nade to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
Jrice, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or_offeror shall
ulfill 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
~ecipient's interest to do so.
Codes of conduct.
rhe Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and
Idministration o(contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a
;ontract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise
,vhen the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which
~mploys or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an
lward. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of
33
monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to
be applied for violations of such standards by officers, employees, or agents of the recipient.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for allofthe
particular work for which they are hired by the Recipient.
34
Attachment G
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State, Zip
Date
35
ATTACHMENTH
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations,' policies,
guidelines and requirements, including OMB Circulars No. A-21, A-lID, A-122, A-128, A-87; B.O.
12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part
66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-
assisted project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of
persons displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of
a State or local unit of government whose principal employment is in connection with an activity
financed in whole or in partby Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violati~g Facilities and that it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be
used in the project is under consideration for listing by the EP A:
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such _
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other fornl of direct or indirect Federal assistance.
36
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
. eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see
36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to
avoid or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide
for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems;
Part 22, Confidentiality ofIdentifiable Research and Statistical Information; Part 23, Criminal
Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice
Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and
Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63,
Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable
to Federal Assistance Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of
Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act
(ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975;
Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In t~e event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin;sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for
Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the
units of the Coastal Barrier Resources System.
37
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the
Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620.
38
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2004/262
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, November 17,2004
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00
A.M" on the above date at the Key Largo Library. Present and answering to roll call were Commissioner
Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner Dixie M. Spehar, Commissioner
David P. Rice, and Mayor Murray E. Nelson. Also present were Danny L. Kolhage, Clerk; Isabel C.
DeSantis, Deputy Clerk; Suzanne Hutton, Assistant County Attorney; James L. Roberts and Thomas Willi,
County Administrators; County Staff, members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
PRESENT A TlON TO MAYOR NELSON
The Board made a presentation to Mayor Murray E. Nelson for his leadership displayed as
Mayor.
CALL TO ORDER OF 2005 BOARD OF COUNTY COMMISSIONERS
COMMISSION ORGANIZATION
Danny L. Kolhage, County Clerk administered the Oath of Office to newly re-elected
Commissioner Charles "Sonny" McCoy, Commissioner Murray E. Nelson, and Commissioner Dixie M.
Spehar.
The Board proceeded to the selection of the Mayor and Mayor Pro Tem of the Commission.
Motion was made by Mayor Nelson to nominate Commissioner Spehar as Mayor and Commissioner
McCoy as Mayor Pro- Tem. Motion was made by Commissioner Rice to close nominations.
Roll call vote for the selection of Commissioner Spehar as Mayor was unanimous. Roll call vote
for the selection of Commissioner McCoy as Mayor Pro Tem was unanimous.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt the
following Resolution electing a Mayor/Chairperson and Mayor Pro Tem. Motion carried unanimously.
RESOLUTION NO. 397-2004
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner McCoy and seconded by Commissioner Rice authorizing the
Mayor/Chairperson and_Clerk of the Board to sign all warrants, legal documents and any other necessary
papers and documents; and that the presently authorized signatures validating County checks are hereby
continued for sixty days from this date in order to meet payroll and other necessary obligations. Motion
carried unanimously.
RESOLUTION NO. 398-2004
Said Resolution is incorporated herein by reference.
ADDITIONS, CORRECTIONS, DELETIONS
. '
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting
approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of Employee of the Month Award for May 2004, to Claudia Moriaty, Senior Library
Assistant, Key Largo Library, Community Services Division.
Mayor's Proclamation proclaiming December 12,2004 as Childrens' Memorial Day and
proclaiming the month of December as Childrens' Memorial Month.
BULK APPROVALS
Motion was made by Commissioner McCoy and seconded by Commissioner Rice granting
approval of the following items by unanimous consent:
Board granted approval to remove surplus equipment from inventory via disposal. Said list is
incorporated herein by reference.
Board granted approval and authorized execution of a State and Federally Funded Subgrant
Agreement No. 05BG-04-11-54-0 1 between Monroe County and the Department of Community Affairs
concerning an Emergency Management Base Grant in the amount of $105,806. Approval of this
Agreement also approves a waiver of County policy that venue must be in Monroe County.
Board adopted the following Resolution concerning the Office of Emergency Management's
revision and updating of the Local Mitigation Strategy Plan,
RESOLUTION NO. 399-2004
Said Resolution is incorporated herein by reference.
Board granted approval to enter into Lease negotiations with Keys Radio Group for the leasing of
surplus antenna and ground space located at the County's West Summerland Communications Tower.
Board granted approval and authorized execution of a Lease Agreement Extension between
Monroe County and Enterprise Leasing Company for operations at the Florida Keys Marathon Airport.
Board granted approval and authorized execution of an Extension Agreement between Monroe
County and Anderson Outdoor Advertising, Inc. at the Key West International Airport.
Board granted approval to rescind approval of award of bid to SSES, Inc. d/b/a Southern Sewer
Equipment Sales, for a pavement sweeper for the Key West International Airport.
Board granted approval of award of bid to Smith Industries, Inc., d/b/a Smith Fence Co., for the
Security Fence at the Key West International Airport.
Board granted approval and authorized execution of Amendment No. 1 to Grant Agreement for
Project No. 3-12-0044-020-2004 between Monroe County and the Federal Aviation Administration
revising the existing work item "General Aviation Apron" to Cargo Apron".
Board granted approval and authorized execution of a Contract between Monroe County and
Florida Industrial Electric, Inc. for the Taxiway Lights and Airfield Guidance Sign Project at the Florida
Keys Marathon Airport.
Board granted approval and authorized execution of Supplemental Lease Agreement No.3 to