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Resolution 272-1991 ,/. Monroe County Commission C. <::t CL, N c N c; C- L~ ~.'''- CX~ '-0 ,. ..- C L!J u, ~ ,- C:::._ J ex: C :r. w ..- a ~ 9' ::c LL.. RESOLUTION NO. 272-1991 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE MAYOR OF THE BOARD TO EXECUTE A GRANT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY. WHEREAS, this is an agreement between the Department of Community Affairs and Monroe County to enable the County to purchase and install a RACES Radio Station, and WHEREAS, Monroe County was awarded a Warning and Communications Grant Agreement in the amount of $9,000.00, and WHEREAS, Monroe County is prepared to match the grant funds, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor of the Board is hereby authorized to execute the Agreement between the Department of Community Affairs and Monroe County, concerning an award in the amount of $9,000.00 for the purchase and installation of a RACES Radio Station. PASSED AND ADOPTED by the County, Florida, at a regular '1 tt. day of ~' Board of County Commissioners of Monroe meeting of said Board held on the , A.D. 1991. Mayor Harvey Yes Mayor Pro Tern London Yes Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA -. .. ~.~ BY: (SEAL) Attest: DANNY L. KOL~. E, CLERK l-/Z ~ BY: .~ _..n._ _.__ DEPUTY RK APPROvt:D AS TO FORM ~AL SUFFICI By Date Agreement No: 91EO-63-11-54-10-007 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ~D MONROE COUNTY (NAME OF SUBGRANTEE) This Agreement, entered into between the Deoartment of communitv Affairs (Grantee) and Monroe County (Subgrantee), shall govern certain emergency management related activities to be financed by the Grantee. THEREFORE, the parties agree as follows: I. TERMS OF AGREEMENT A. This Agreement shall commence on the date of execution and shall continue in full force and effect to and including september 30, 1991. B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $9.000.00/50% which the Subgrantee will match with $9.000.00/50% for a total subgrant of $18.000.00/100% for the successful completion of the items of performance agreed to herein. C. It is agreed that the liability of the Grantee under this Agreement shall not exceed the total funds received by the Grantee for this purpose. D. Either the Grantee or subgrantee may terminate this Agreement for breach of contract or in the event of non-availability of funds with such notice as is reasonable under the circumstances. Either party may terminate this Agreement without cause by giving 30 days notice to the other party. E. Either party may request modification of the provisions of this agreement. Changes which are mutually agreed upon shall be made by written correspondence, from the Department and shall be incorporated as part of this agreement; . r. The Subgrantee, in performing the requirements of this Agreement, shall comply with applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. II. REOUIREMENTS AND ASSURANCES A. General Provisions. The Subgrantee hereby assures and certifies that it will comply with all applicable regulations, policies, guidelines, and requirements including 44 CFR Part 302, CPG 1-3 and 1-5, OMB Circular No. A-8? and A-128 as they relate to application, acceptance and use of federal funds. B. Lobbvinq. The subgrantee agrees to comply with section 319 of Public Law 101-121 as provided for in the "Governmentwide Guidance for New Restrictions on Lobbying; Interim Final Guidance" published in the December 20, 1989, Federal Register. C. Scope of Work. The Subgrantee will comply with the "Scope of Work" describing the activities/projects to be accomplished under this State and Local Direction Control and Warning, warning and communications Agreement. Such scope of work is attached to and incorporated herein as Exhibit A. D. Reports. A Certification for Reimbursement of actual expenditures must be submitted by the Subgrantee. The Certification for Reimbursement ~ust be only be for those items or services required in the Scope of Work, Exhibit A, and must be identified by an attachment to the Certification for Reimbursement. The Certification must be submitted within 45 days after the termination of this Agreement, Exhibit B. E. Fiscal and Proqram Accountabilitv. The -subgrantee'must establish'fiscal~control of'subgrant funds and-- required matching expenditures. All monies spent on this project will be disbursed in accordance with provisions of the budget summary as approved by the Grantee. The Subgrantee acknowledges that it has full responsibility for fiscal and programmatic accountability for this subgrant. In the event the subgrantee is unable to produce records capable of being audited without reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrantee shall be disallowed and subject to repayment. The accounting system established and maintained by the Subgrantee must have internal controls adequate to safeguard the assets of the Subgrantee, check the accuracy and reliability of accounting data, promote operating efficiency and encourage compliance with described management policies of this Agreement. 2 F. Recordina and Documentation of Receipts and Expenditures. Accounting procedures must provide for an accurate and timely recording of receipt of funds by type of expenditures made from such funds and of unexpended balances. Accounting procedures must be adequate to ensure that expenditures charged to this subgrant are for allowable purposes and that documentation is readily available to verify that such charges are accurate. G. Unexpended Funds. Unexpended funds which are reflected on the certification report referred to in Paragraph II. d. above will automatically revert to the Grantee. H. utilization and pavment of Funds. Funds awarded are to be expended in accordance with the Subgrantee's scope of work. One payment will be made in accordance with the certification for Reimbursement submitted by the Subgrantee. I. Obliaation of Grant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Obligations outstanding as of the termination date shall be liquidated within 45 days. Such obligations must be related to goods or services provided and utilized within the subgrant period. J. Audit. The audit requirements, asset forth in OMB A-128, Audits of state and Local Governments are to be followed by the Subgrantee. These requirements shall be used in negotiating contracts with independent auditors. K. Retention of Records. The Subgrantee shall maintain all records, documents and files pertaining to this Agreement for a period of three years from the date of conclusion of the Agreement unless informed by the Grantee that said records may be disposed of earlier. Provided, however, that if at the end' of such three-year period litigation is pending or an audit relating to this agreement is in progress, such records, documents and files shall be retained until the litigation or audit is resolved. Access to those records must be provided at reasonable times to the Grantee and its employees and agents and to the federal grant agency, its employees and agents. L. Leaal Authorization. The Subgrantee certifies with respect to this subgrant that it possesses the legal authority to apply for the grant, and that the Subgrantee's governing body has adopted a resolution which authorized the execution and acceptance of the Agreement with all understandings and assurances contained herein, and authorizes the official signing below to act in connection with this Agreement. 3 M. Contract Extension. Extension of a contract for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of the contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor. N. Requirements of section 287.058. Florida Statutes. 1. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 2. Bills for any travel expenses must be submitted in accordance with section 112.061, Florida statutes. 3. Units of deliverables, including reports, findings, and drafts as specified in Paragraph II.c. of this Agreement, must be received and accepted by the contract manager prior to payment. 4. subgrantee must comply with the criteria and final date by which criteria must be met for completion of this contract as specified in Paragraph I.a. of this Agreement. 5. The Grantee may unilaterally cancel this agreement for refusal by the Subgrantee 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 Subgrantee in conjunction with this Agreement. It is expressly understood that the Subgrantee's refusal to comply with this provision shall constitute a breach of contract. O. The state of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The Subgrantee acknowledges that the responsibility for complying with the approved subgrant award rests with the recipient Subgrantee and acknowledges that failure to do so constitutes grounds for the recession or suspension of this subgrant and may influence future subgrant awards. 4 IN WITNESS HEREOF, the Grantee and the Subgrantee have executed this Agreement; FOR THE SUBGRANTEE: MONROE COUNTY FOR THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Authorized County Official BY: Authorized Department Official Chairman, Board of County Commissioners Title Division Director Title Date Date 59-6000749 Fed. Employer Identification CFDA NUMBER: 83.513 (DC&W) ( SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk By 5 Exhibit A Monroe County SCOPE OF WORK WARNING AND COMMUNICATIONS PROGRAM (CPG Chapter Three, Paragraph 3-3) Cost associated with the establishment and enhancement of Warning and Communications capabilities necessary for dedicated, reliable, and survivable inter- and intragovernmental emergency communications systems and alert and public warning systems. 1) Purchase and install a RACES Radio station. EXHIBIT B CERTIFICATION FOR REIMBURSEMENT Name of Subgrantee: Agreement Number: Federal Identification Number: Payment Total Request a. Total Cumulative to Date............. b. Local Share.......................... c. Federal Share................ ........ d. Payments Previously Requested........ e. Amount Approved for Reimbursement.... CERTIFICATION - I certify that to the best of my knowledge and belief the billed costs of disbursements are in accordance with the terms of the Agreement and that the reimbursement represents the State share due which has not been previously requested. Signature of Authorized Official: Title: Date: