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Item B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 21. 2005 Bulk Item: Yes ~ No 0 Division: Budaet and Finance RECEIVED Department: Grants NOV 2 3 2005 MONROE COUNTY ATTORNEY Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of Disaster Fundina Aareement with State of Florida. Department of Community Affairs for expenses related to Hurricane Rita. ITEM BACKGROUND: Monroe County has incurred expenses a results of emeraencv preparation. debris removal. damaae to buildinas and facilities. etc. Some reimbursement is at 100%: other reimbursement reauires County match. PREVIOUS RELEVANT BOCC ACTION: None:. CONTRACTIAGREEMENTCHANGES:NM STAFF RECOMMENDATION: Approval TOTAL COST: to be detennined BUDGETED: Yes 2 _ No SOURCE OF FUNDS: Ad Valorem Taxes COST TO COUNTY: to be determined REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER MONTH YEAR APPROVED BY: COUNTY A TTYf/ OMB/PURCHASING 0 RISK MANAGEMENT o DIVISION DIRECTOR APPROVAL: ~~3ifg /' Sal Za a DOCUMENTATION: INCLUDED: ~ NOT REQUIRED: 0 DISPOSITION: AGENDA ITEM #: ~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida, Dept. of Community Affairs Effective Date: upon execution by both parties Expiration Date: approval of closeout by FEMA Contract Purpose/Description: Agreement to provide reimbursement of expenses related to Hurricane Rita Contract Manager: David P. Owens (Name) 4482 (Ext.) Administrative Services (Department) for BOCC meetin~ on 12/21/05 Agenda Deadline: 12/06/05 CONTRACT COSTS Total Dollar Value of Contract: to be determined Current Year Portion: to be determined Budgeted? Yes No XX Account Codes: 125-0459104-XXXXXX Grant: $0.00 County Match: to be determined Estimated Ongoing Costs: $0.00 (Not included in dollar value above) ADDITIONAL COSTS For: (e~. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~~ /2 Date Out Di~sionDirector DateIn Ye~~~~~~~/#q Risk Management (1..},~C'j YesD NoD '0')') .:i('u~.:La-\ I. a..'? i<S 09."n.lPurchasing ~ YesONoD -" I~~ ,,/Jetes" County Attorney / /;n j;, YesO NoW :;;#;/I - ~ 5 Comments: OMS Form Revised 9/11/95 MCP #2 ST A TE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 06-RT-&W-11-54-01-529 CFDA No. 97.036 Subgrantee: Monroe County FIPS No. 087-99087-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee" and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations, or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the "Subgrantce"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Rita the event beginning September 18, 2005, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 05-183. [n consequence of the Event, the President of the United States on September 20, 2005, declared Emergency No. FEMA-3259-EM-FL in Broward, Collier, Miami-Dade and Monroe counties in the State of Florida Additional counties may be added to the declaration later. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, the FEMA-State Agreement dated November 1.2005 between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs. as appropriated, with its Subgrantees; and. C. WHEREAS. the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Florida Statute to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgrantee. based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE r. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FE1\,'lA-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100- 707; 44 Code of Federal Regulations Part 206.35; and applicable policies ofthc Federal Emergcncy Managemcnt Agency. B. "FEMA-State Agreement" is the agreement dated November 1,2005, between the Federal Emergency Management Agency and the State of florida, for the M,~or Disaster No. FEMA-3259-EM-FL. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Fundin!! and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13 and 206, which shall be seventy five (75) perccnt of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall bc transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature. the Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may SlIbgrantee receive any other duplicate benefits under this Agreement. . A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source tor any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee. to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benetits, by its execution of this Agreement the SlIbgrantee gives Grantee or the Chief Financial Officer-Department of Financial Services of the State of Florida the authority to ~et off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental, Planninl! and Permittinl! Laws. Subgrantee shall be responsible fix the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents ft)r 2 any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantcc, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning. permitting and building requirements. Subgrantee shall engage such competent engineering, huilding, and other technical and protessiona.l assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation. Reviews. and Inspections. Subgrantee shall create and maintain documentation of work perfonned and costs incurred on each project identified in a Project Worksheet sutlicient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantec, together with any and all accrued interest. A. Subgrantee shall submit the fbllowing documentation for Large Projects (the Large Project threshold for this declaration is $55,500), which l:an be found at www.tloridapa.org I. Request for Reimbursement 2. A Summary of Documentation, which shall be supported hy original documents such as contract documents. invoices, purchase orders, and change orders; 3. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Artide. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that al] work was performed in accordance with this Agreement and the requirements in each Project Worksheet. and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharine. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and the non federal share shall be the remaining amount. Payment of all or a specified portion of the non federal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the non federal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of Federal Regulations Part ~06.228and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Pllyment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the Ibllowing procedures. A. Grantee shall disburse the lederal and non federal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and tbrmal notification by the Federal Emcrgency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nontederal shares of the eligible costs fi)r Large Projects as soon as practicable after Suhgrantee has delivered the following documents to Grantee: I. A Request for Reimburscment found at www.tloridapa.org A Summary of Documentation shall be supported by original documents such as contract doculllcnts, invoices, purchase orders. and l:hange orders and is also available at www.tloridapa.org:: and, ') 3 J. A letter or noti tication certity ing that the reported costs wcre incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: I. Subgrantee shall certity to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statementjustitying the advance and the proposed use of the funds, and specitying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms which is also available at www.floridapa.org; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable. and in any event not later than ten (10) business days after the close of each calendar quarter. D.Grantee may, in its discretion, withhold its portion of the non federal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the perfomlance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. ]n the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee. or Grantee shall have performed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 Code of Federal Regulations Part J 3, as amended; B. Office of Management and Budget Circular No. /\-87, "Cost Principles for State and Local Governments," as amended; C. Office of IVlanagemcnt and Budget Circular No. A-II 0, "Uniform Administrative Requiremcnts lor Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Oftlcc of \lanagcl1lcnt and Rudgct Circular No. A-122, '"Cost Principles tor NOIl-Prolit Organizations," as amcndcd. 4 E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: I. The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2. The expiration oftive (5) years from the date of disaster closeout under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: I. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of * J 1.42. Florida Statute, and the Rules ofthe Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended. 31 U.S.c. ** 7501- 7507. to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantcc except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency \1anagement Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. Irthis Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identi tied in an audit al1er such closeout. ARTICLE XIII. Noncomlllillnce. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is curcd or has otherwise come to tinal resolution. If the violation is not cured, C1rantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. 5 ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agrcement. as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors. in accordance with 44 Code of Federal Regulations Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantec to close out the project is caused by events beyond its control. A modification extending the time for complction ofthc project and any other modification shall be in writing, and shall takc effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modi fications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in an additional Project Workshcet version for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreemcnt approved by Grantee or the Federal Emergency Management Agency, the time for the completion of emergency work shall be six (6) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article V I of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost-share funding. [f any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely completion. Failure to complete any project will be adequate cause for the termination offunding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLI': XVIII. Terminlltion. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days atter the date of such notice. Such termination shall not aftcctthe rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Lillbility. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by ~ 768.28(5), Florida Statute, the Subgrantec shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agrecmcnt. Unlcss the Subgrantee is a governmcntal entity within the meaning of the preceding sentence, Subgrantee shall indemnity Grantee from claims asserted by third parties in connection with the performance or this Agreement. holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose oflhis Agrecmcnt, the CJrantce and Subgrantee agree that neithcr one is an employee or agent of the other, but that eaeh one stands as an independent contractor in relation to the other. 6 B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either ofthe parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report form conforming to the sample attached as Attachment E. The tirst Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the tinal inspection, and may be required by Grantee based on infonnation supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida Statute, and the disbursement to Grantee offederal funding in accordance with ~ 252.37(4 l. Florida Statute B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit. C. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for thc purpose of lobbying the Legislature or any of its members, any employee of the State of Florida. any Member of Congress, any oftlcer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantec ccrtifies that it posscsses the legal authority to receive the funds. F. Subgrantee agrees that responsibility tor compliance with this Agreement rests with Subgrantee, and fllrther agrees that noncompliance with this Agreement shall be cause for the rescission. suspension or termination of funding under this Agreement, and llIay affect eligibility for funding under future Subgrantee Agreements. G. If otherwise allowed under this Agreemcnt, all bills for any travel expenses shall be submitted in accordance with Section Il2.061, Florida Statute H. The State of Florida will not intentionally award publicly-tilllded contra..:ts to any contractor who knowingly employs unauthorized alien workers, constituting a violation l1fthe employment provisions 7 contained in 8 U.S.c. Section I 324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN')]. 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 Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. I. 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. J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.c. Section 12101 et seq.), ifapplicable, 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. K. With respect to any Subgrantee 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 Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: I. are not presently debarred, suspended, proposed for debannent, 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 perfonning 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 certitication; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) tenninated for cause or default. Where the Subgrantee is unable to certity to any of the statements in this certitication, such Subgrantee shall attach an explanation to this Agreement. In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debannent, Suspension, Ineligibility And Voluntary Exclusion" for each prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor. L. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by refcrcnce. 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 Subgrantee, cause the tennination of this Agreement and the release ofthe Department from all its obligations to the Recipient. M 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. I f 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 contlict. and shall be deemed severable, but shall not invalidate any othcr provision of this Agreement. 8 N. The Recipient certifies. by its signature to this Agreement, that to the best of his or her knowledge and belief: I. 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 ofa 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. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure 1"01111 to Report Lobbying," in accordance with its instntclions. 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 certity 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 certilication is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 3 J, lJ .S. Code. Any person who fai Is 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. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency. unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXIII. Events of Default, Remedies, and Termination. A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse turther funds under this Agreement shall terminate at the option of(;rantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of anyone or more of the following; I. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion. or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been sllbmitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any thilure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the Occurrence orany one or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its t:lilure ofpertllrlnance ifsuch bilure may be cured. Upon the tililure of Subgrantee to cure. (;mntee may exercise anyone or more of the tl)lIowing remedies: 9 I. Tenninate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, slIch notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion ofa payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may tenninate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or tennination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement ofthis Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is dctennined. In the event the Federal Emergency Management Agency should deobligate funds fonnerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 10 Subgrantee: Monroe County Board of ~~~_~ty _ Commissioners__ ______ Disaster II: 3259-EM ARTICLE XXIV. Attachments. A. All attachments to this Agreement if any arc incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it ifany, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website: www.tloridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: David P. Owens Grants Administrator Monroe County 1100 Simonton Street -KE!Y~E!stLF:r-_ 33040 ARTICLE XXVI. Desit!Dation of Al!'ent. Subgrantee hereby designates David P. Owens as its primary agent, and designates Salvatore Zappulla as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SlIBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: C.Qa.J:"l~JLM~Coy (Printed Name) W. Craig Fugate. Director Division of Emergency Management -----.---------- (Signed Name) Mayor ----------- (Title) (Date) Public Assistance Program _..,._-._-------'-------_.__._-_.---_..._-----_.~-- (Date) -59-=-6..0..QQl~_______""________ Federal Employer Identification Number (FEIN) II ", "J" U' N -j-'"' " ~ J A~rffi~~' ~<:J ^--<'~Cn~__ I/h JPJ; 'P,TTORNEY C&t(" I(; L I (, ~ __'_ INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163. FLORIDA STATUTES BETWEEN MONROE COUNTY SCHOOL BOARD AND BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FOR USE OF RECREATIONAL VEHICLES FOR TEMPORARY HOUSING THIS AGREEMENT made the last day below written. by and between the SCHOOL BOARD OF MONROE COUNTY. FLORIDA. as the contracting agent for the Monroe School District, whose address is 241 Trumbo Road, Key West, Florida 33040 ("SCHOOL BOARD"), and BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (the "COUNTY"). WITNESSETH, that the School Board and County hereby agree as follows: 1. Recitations. (A) Chapter 163, Florida Statutes, known as the "Florida Inter/ocal Cooperation Act Of 1969" (lithe Act"), specifically provides that its' purpose is to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local community. (Sec. 163.01(2), F.S.). (B) The Act further provides that "a public agency of this state may exercise jointly with any other public agency of the state ... any power, privilege, or authority which such agencies share in common and which each might exercise separately. II (Sec. 161.01(4).) (C) The Act's definition of "public agency" includes a county government and a school district. (Sec. 163.01(3)(b). (0) The School Board and County, pursuant to this Act, desire to enter into this Inter/ocal Agreement (lithe Agreement") for the purposes, and upon the terms and conditions, described below, believing that this Agreement will allow each agency to make more efficient use of facilities, personnel, and services necessary to, common to, or available to each agency, and having a goal of a more economical and efficient use and savings of public funds, while at the same time providing much needed temporary emergency housing to employees of the School Board and citizens of the County. 2. Entire Agreement. It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed in this 1 ~.,+ Agreement. 3. Purpose of Agreement. The purpose of this Agreement is to define the respective duties and obligations of the School Board and the County under this Agreement relative to the sublease from the County to the School Board of emergency temporary housing for School Board employees. 4. Method for Accomplishing Purpose. The basic method for accomplishing the purpose of this Agreement is as follows: (A) The County shall sublease to the School Board towable recreation vehicles pursuant to a lease agreement entered into between the County and Lazy Oays RV Center Inc. on or about November 16, 2005 ("Master Lease"). The County has secured the consent of Lazy Oays RV Center Inc. for the sublease as contemplated herein. (B) The School Board shall comply with all terms and conditions imposed upon the County pursuant to the Master Lease. (C) The School Board shall pay County all costs associated with the furnishing and installation of the recreational vehicles subleased to the School Board pursuant to the fee scheduled established in the Master Lease. The School Board shall payment within 30 days of delivery of the recreational vehicle to each authorized user as designated by School Board. (0) The School Board shall enter into user agreements with its employees for use of the vehicles similar in form and substance to that agreement the County has established for its employees. A copy of the agreement shall be furnished to the County. (E) The School Board shall verify that each person with whom it has a user agreement is a School board employee. (F) The School Board shall coordinate the placement and ordering of recreational vehicles for its employees through the County administrator or his designee. (G) Nothing stated herein shall obligate the County to furnish or School board to accept a certain number of recreational vehicles under this Agreement. 5. Duration of Agreement. This agreement shall continue for the term of the Master Lease, unless sooner terminated as provided herein, and may be extended as provided under the Master Lease. 2 6. Cooperation and Claims for Federal or State Aid. Both the School Board and the County agree that they shall cooperate in applying for, seeking, and obtaining federal and state funds to reimburse expenditures made under the Agreement and the Master Lease. In the event the County receives funds for moneys received from the School Board under this Agreement, the County shall immediately notify the School Oistrict and immediately reimburse such funds to the School Oistrict. The School Board and County further agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the provision of the services and materials under this Agreement in the event any administrative or legal proceeding is instituted against the either party relating to the formation, execution, performance, or breach of this Agreement. 7. Adjudication of Disputes or Disagreements. The School Board and County agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of the School Board and the County. If no resolution can be agreed upon within thirty (30) days after the first meet and confer session and the issue or issues are still not resolved to the mutual satisfaction of the School Board and the Board of County Commissioners, then either party shall have the right to proceed as specified in paragraph 10 below. 8. Failure of Agency to Pay Share of Costs and Expenses. In the event that either the School Board or the County shall fail to pay its respective share of costs and expenses associated with this Agreement, and such failure continues for seven days following written notice of such failure, the other party shall have the right to declare this Agreement null and void and immediately terminate the Agreement, as well as seek all remedies in law or equity. 9. Liability Coverage; Insurance; Hold-Harmless; Indemnity. A. Each party will be responsible for any acts of negligence on the part of its agents or employees. Each party will hold the other party harmless from all claims arising out of its respective use, and each party shall have a duty to defend all claims arising from this Agreement. B. To the extent permitted by Florida law, each party shall indemnify and hold harmless the other party from and against all expenses, liabilities, damages, costs, and claims of every kind, including reasonable counsel fees and costs at both the trial and appellate levels, by or on behalf of any person or entity arising out of either (1) a failure by a party to perform any of the terms or conditions of this agreement, and (2) any injury or damage arising from this Agreement. 10. Venue, Interpretation, Costs, and Fees. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of 3 this Agreement, the School Board and County agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The School Board and County further agree that, in the event of conflicting interpretations of the terms or a term of this Agreement between the School Board and County, the issue shall be submitted to mediation prior to the institution of any other administrative of legal proceeding. Additionally, the School Board and County agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out- of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 11. Covenant of No Interest. The School Board and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that each's only interest is to perform and receive benefits as recited in this Agreement. 12. Code of Ethics. The School Board and County agree that each agency's respective officers and employees recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 13. Severability. In the event one or more provisions of this Agreement are declared invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect. 14. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the School Board and County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the School Board and County be required to contain any provision for waiver. 15. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the School Board and County, when performing their respective functions within the territorial limits for their respective 4 agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under this Agreement. 16. Legal Obligations and Responsibilities; Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating agency from any obligation or responsibility imposed upon the agency by law except to the extent of actual and timely performance thereof by any other participating agency, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the participating agencies, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapter 163, Florida Statutes. 17. Effective Date. This Agreement, and any subsequent amendments, shall become effective upon signature of the final party hereto. 18. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the School Board and County agree that neither the School Board nor the County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 19. Assignment. The School Board may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the County's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the School Board and the County. 20. Notices. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: County: School Board: County Administrator 1100 Simonton Street Key West, FL 33040 Superintendent Randy Acevedo 241 Trumbo Road Key West, FL 33040 5 IN WITNESS WHEREOF, each party has affixed their respective and representative hands and seals to this interlocal agreement on the dates indicated. (SEAL) ATTEST: OANNY L. KOLHAGE, CLERK By: Oeputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor (SEAL) ATTEST: By: Randy Acevedo, Superintendent SCHOOL BOARD OF MONROE COUNTY By: Anne Kelly Cohan, Chairperson 6