HomeMy WebLinkAbout2005-248 011
Contract Number: 06CP- 11 - 10-40-01 -033
CSFA Number 52 . 023
STATE-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida , Department of
Community Affairs , with headquarters in Tallahassee , Florida ( hereinafter referred to as the
" Department" ) , and Indian River 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 subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth ;
and
C . WHEREAS , the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW , THEREFORE , the Department and the Recipient do mutually agree as follows :
( 1 ) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Financial
Compensation Requirements , Attachment A of this Agreement, and the Scope of Work and Schedule of
Payments , Attachment B of this Agreement .
(2 ) INCORPORATION OF LAWS , RULES , REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws , rules and regulations , including but not limited to those identified in EXIBIT- 1 and
Attachment B .
( 3 ) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties or July 1 , 2005 , whichever is
later, and shall end June 30 , 2006 , 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 of this Agreement .
( 5 ) RECORDKEEPING
( a ) 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 , Comptroller, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the Department or
its designee , Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued , unless extended in writing by the Department, with the following exceptions :
1 . If any litigation , claim or audit is started before the expiration of the five year
period and extends beyond the five year period , the records will be maintained until all litigation , claims or
audit findings involving the records have been resolved .
2 . Records for the disposition of non-expendable personal property valued at
$ 5 ,000 or more at the time of acquisition shall be retained for five years after final disposition .
3 . Records relating to real property acquisition shall be retained for five years
after closing of title .
( b) 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 Financial Compensation Requirements - Attachment A - and the Scope of Work and Schedule of
Payments - Attachment B - and all other applicable laws and regulations .
( c) 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
( 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 non -state entity as defined by Section 215 . 97 , Fla . Stat. , 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 , Fla . Stat. ; 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 non -state entities . State financial assistance does not include Federal direct or pass-
through awards and resources received by a non -state 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 ) , Fla . Stat. This
includes submission of a reporting package as defined by Section 215 . 97 ( 2 ) (d ) , Fla . Stat. and Chapters
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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 , Fla . Stat , 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 , Fla . Stat, the cost
of the audit must be paid from the non -state entity' s resources (i . e . , the cost of such an audit must be paid
from the Recipient' s resources obtained from other than State entities) . Additional information on the
Florida Single Audit Act may be found at the following website : http //www state fl uslfsaa/statutes . html .
( e) Report Submission
1 . 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.
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
[an electronic copy shall also be submitted to the above office]
and
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance Planning and Support
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- 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 .
5 . Recipients , when submitting financial reporting packages to the Department
for audits done in accordance with OMB Circular A- 133 or Chapters 10 . 550 ( local governmental entities)
or 10 . 650 ( nonprofit and for-profit organizations) , Rules of the Auditor General , should indicate the date
that the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package .
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(f) 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 in accordance with Section 215 . 97 , Fla .
Stat. by an independent certified public accountant ( IPA) who shall either be a certified public accountant
or a public accountant licensed under Chapter 473 , Fla . Stat. The IPA shall state that the audit complied
with the applicable provisions noted above .
(7) REPORTS
( a) 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 Financial Compensation Requirements - Attachment A - and the Scope of Work and Schedule of
Payments - Attachment B .
( b) The Recipient shall provide such additional program updates or information as may
be required by the Department.
( 8 ) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors , sub-recipients and consultants who are paid from funds provided under this Agreement,
to ensure that time schedules are met, the Scope of Work and Schedule of Payments 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 B to this Agreement.
In addition to reviews of audits conducted in accordance with OMB Circular A- 133 , as
revised and Section 215 . 97 , Fla . Stat. ( 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- 133 , 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 Department will 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 , Fla .
Stat. , 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 ,
Fla . Stat. , agrees to be fully responsible to the extent provided by Section 768 . 28 Fla . Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions . Nothing herein is
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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;
( 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 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 any one or more of the following remedies , either concurrently
or consecutively :
(a ) Terminate this Agreement , provided that the Recipient is given at least thirty ( 30 )
days prior written notice of 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 ) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d ) Exercise any corrective or remedial actions , to include but not be limited to :
1 . 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 ,
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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;
(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 any one 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 , Fla . Stat. , 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 representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
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( b) The name and address of the Department contract manager for this Agreement is :
Mr. Timothy Date
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee , Florida 32399-2100
Telephone : ( 850 ) 410-1272
Fax: ( 850 ) 488- 1739
Email : tim . date@d ca . state . fl . us
(c) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name , title and address of the new representative
will be rendered as provided in ( 13 ) ( a) above .
( 14 ) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, within
thirty ( 30) days after execution of the subcontract by the Recipient , a copy of the executed subcontract
must be forwarded to the Department. The Recipient agrees to include in the subcontract that ( i ) the
subcontractor is bound by the terms of this Agreement, ( ii ) the subcontractor is bound by all applicable
state and federal laws and regulations , and ( iii ) the subcontractor shall hold the 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.
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 - Financial Compensation Requirements
Attachment B - Scope of Work and Schedule of Payments
Attachment C - County Facilities Listing
Attachment D - Financial Invoice
Attachment E — Warranties and Representations
( 17 ) FUNDING/CONSIDERATION
This is a fixed fee agreement. As consideration for performance of work rendered under
this Agreement, the Department agrees to pay a fixed fee of up to $ 3 , 149 . 00 . Payment will be made in
accordance with the provisions of the Financial Compensation Requirements , Attachment A of this
Agreement, and the Scope of Work and Schedule of Payments , Attachment B of this Agreement.
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The sole intent of this Agreement is to provide financial assistance to the Recipient to
support the conduct of site-specific hazards analyses and hazardous materials emergency management
activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous
materials preparedness , response , recovery or mitigation activities . Contract funds are not required to be
expended within the contract period . Any payments received after termination of the Agreement shall be
considered payments for work performed pursuant to the 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.
( 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 Section 215 . 34 (2 ) , Fla . Stat . , if a check or other draft is returned to
the Department for collection , the Department must add to the amount of the check or draft a service fee
of Fifteen Dollars ( $ 15 . 00 ) or Five Percent ( 5% ) of the face amount of the check or draft, whichever is
greater.
( 19 ) VENDOR PAYMENTS
Pursuant to Section 215 . 422 , Fla . Stat. , the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt , inspection , and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55 . 03 ( 1 ) Fla . Stat. The interest penalty shall be paid within 15 days after issuing the warrant .
Vendors experiencing problems obtaining timely payment( s ) from a state agency may
receive assistance by contacting the Vendor Ombudsman at ( 850 ) 488-2924 or by calling the State
Comptroller's Hotline at 1 -800-848-3792 .
(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 , 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
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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 , any one of which
may be taken as an original .
( e) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law
101 -336 , 42 U . S . C . Section 12101 et seg . , 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 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 ) The State of Florida' s performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature , and subject to any modification in
accordance with Chapter 216 , Fla . Stat . or the Florida Constitution .
( i ) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
0 ) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents , papers , letters or other
material subject to the provisions of Chapter 119 , Fla . Stat . , and made or received by the Recipient in
conjunction with this Agreement.
(k) 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.
( 1 ) 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
(" INK )] .)] . 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.
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(21 ) STATE LOBBYING PROHIBITION
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 .
(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 ALLAGREEMENTGHTS AREHEREBYING UNDER OR TRANSFERREDIN CONNECTION WITH THE NCE
OF THIS AGR BY THE RECIPIENT ENT 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.
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IN WITNESS WHEREOF , the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized .
Recipient: INDIAN RIVER COUNTY
BY: S
Name and title : Thomas S . Lowther , Chairman
Date : July 19 , 2005
SAMAS # FEID# 59 - 6000674
STATE OFi FLORIDA
DEPARTy5j T OF COMMUNITY AFFAIRS
BY : I ),)V\ A'1�
Name and Title : W . Craig Fugate , Director
Division of Emergency Management
Date :
lot
Attest ; J . C . Barton , Clerk m
APPROVED
a -
By .
puty,71Clerk
C qty Ad ministremor
P AS TO FORM
N SUF
ARIA
L
/ ASSISTANT COUNTY AT EY
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EXHIBIT — 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING :
SUBJECT TO SECTION 215 .97 , FLORIDA STATUTES :
Department of Community Affairs , Florida Hazardous Materials Planning and Prevention Program ,
Catalog of State Financial Assistance Number 52 . 023 in the amount of $ 3 , 149 . 00 .
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS :
1 . Emergency Planning and Community Right-to- Know Act ( EPCRA) , Title III of the Superfund
Amendments and Reauthorization Act of 1986 , 42 U . S . C . s . 11001 , et seq . ( SARA) .
2 . Florida Hazardous Materials Emergency Response and Community Right-to- Know Act of 1988 ,
Chapter 252 , Part II , Florida Statutes
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
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Attachment A
FINANCIAL COMPENSATION REQUIREMENTS
A. Upon execution of this Agreement , the Recipient shall be compensated for tasks completed in
accordance with the Scope of Work and Schedule of Payments , which are incorporated in this Agreement
as Attachment B , except as provided herein .
B . Each request for payment shall be initiated by the Department upon receipt of an acceptable
Financial Invoice (Attachment D) that is supported by a product that meets the requirements of this
Agreement. The Recipient' s authorized official shall sign the Financial Invoice . The Recipient shall
submit a Financial Invoice for payment that is commensurate with the percentage of hazards analyses
submitted . The payment of the percentages of the fixed fee amount will be made on a performance basis
in accordance with the percentage of work tasks submitted , except that the final 25 percent will not be
released until the final work product is completed , submitted , and approved by the Department.
C . In the event that the Recipient submits less than fifty ( 50 ) percent of the completed hazards
analyses on November 1 , 2005 or less than the final fifty ( 50) percent of the completed hazards analyses
on February 1 , 2006 , then the payment due may be reduced by an amount commensurate with the
number of omitted hazards analyses and the number of days late , if any.
D . If the Department finds that the Recipient is not in compliance with the terms of this
Agreement, or is not in compliance with any other grant program administered by the Department, then
without waiving its right to terminate this Agreement, the Department may , with written notice , withhold
payment until the Recipient is in compliance with and is performing satisfactorily under this Agreement or
the applicable requirement of any other grant program administered by the Department. The notice will
be sent by Certified Mail , with return receipt requested , to the designated contact person . Noncompliance
under this section includes , but is not limited to , the Recipient' s failure to submit timely , accurate and
complete products required under this Agreement.
End Attachment A
13
Attachment B
SCOPE OF WORK AND SCHEDULE OF PAYMENTS
PURPOSE
Submission of completed hazards analyses that comply with the hazardous materials site-specific
hazards analysis criteria outlined in this Attachment. The primary guidance document is the "Technical
Guidance for Hazards Analysis . " All hazards analyses shall be consistent with the provisions of this
document. Any variation from the procedures outlined in this document must be requested in writing by
certified mail , return receipt requested and approved by the Department.
I . SCOPE OF WORK
TASK 1 : Coordination of Activities
The following includes , but is not limited to , activities to be performed under this Agreement:
A. Submit to the Department by August 15 , 2005 the Recipient's contact person ' s name ,
address , telephone number, E-mail address and the name of the software utilized to develop
the hazards analyses .
B . Submit to the Department by August 15 , 2005 one completed sample hazards analysis for
review of consistency with the established planning criteria .
C . Of the facilities listed on Attachment C , fifty ( 50 ) percent of the completed hazards analyses ,
shall be submitted to the Department by no later than November 1 , 2005 and the final fifty
( 50 ) percent of the completed hazards analyses shall be submitted to the Department by no
later than February 1 , 2006 except that later dates may be agreed upon in writing by both
parties to this Agreement. Absent any extenuating circumstances and except as otherwise
provided in this Agreement, work submitted after February 1 , 2006 will not be accepted ,
reviewed or compensated . The Department will be the sole authority for determining
extenuating circumstances and granting extensions to the work submission deadline .
D . Within the period of the Agreement, participation in a technical assistance training session
provided by the Department. The Department reserves the right to waive this requirement.
E . Within the period of the Agreement, submit a list of facilities believed to have present
Extremely Hazardous Substances ( EHSs) as designated by the Environmental Protection
Agency ( EPA) in quantities at or above the Threshold Planning Quantity (TPQ ) , but have not
reported to the State Emergency Response Commission ( SERC ) .
F . Ensure that the Hazards Analysis information is reflected in the county Local Mitigation
Strategy .
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TASK 2 : Review and Update of Hazards Analyses
A. Review and update hazards analyses for all facilities listed in Attachment C , which have
reported to the SERC that they have present those specific EHSs designated by the EPA in
quantities at or above the TPQ . It is required that each Attachment C facility be contacted by
on-site visit to ensure accuracy of hazards analysis . Each facility hazards analysis must
include , but is not limited to , the following items :
1 . Facility Information
a . Facility name and address
Provide both physical address ( no Post Office Box) and mailing address ,
if different. Identify any discrepancies regarding facility name and/or
address compared to the Attachment C listing .
b . Facility Identification
SERC Code and geographic coordinates (latitude and longitude) .
C . Facility Emergency Coordinator
Provide the name , title and telephone number ( include 24-hour) of the
designated facility emergency coordinator.
d . Transportation Routes
List the main routes used within the County to transport chemicals to and
from the facility .
e . Evacuation Routes
Based on wind direction from the North , South , East and West, identify the
route ( s ) from the facility to exit the Vulnerable Zone (VZ) .
f. Historical Accident Record
Describe any past releases or incidents that have occurred at each
facility . Include date , time , chemical name , quantity and number of
persons injured or killed (This information is available from the facility) . If
it is determined that a facility does not have a historical accident record ,
that shall be noted .
2 . Hazard Identification
a . Chemical identities
Provide proper chemical name , CAS number and natural physical state
( according to exhibit C of the Technical Guidance for Hazards Analysis)
of each EHS present at any time up to one year prior to the site visit.
b . Maximum quantity on-site
Express in exact pounds ( not range codes) the maximum quantity of
each EHS the facility has on-site at any time up to one year prior to the
site visit .
15
C . Amount in largest container or interconnected containers
Express in pounds the amount of each EHS stored in the largest
container or interconnected containers (this is the release amount used
to determine the Vulnerable Zone) .
d . Type and design of storage container or vessel
Indicate the storage method of each EHS , i . e . , drum , cylinder, tank, and
their respective capacities ( It is helpful to indicate system types such as
manifold versus vacuum as well ) .
e . Nature of the hazard
Describe the type of hazard most likely to accompany a spill or release of
each EHS , i . e . , fire , explosion .
3 . Vulnerability Analysis
a . Extent of the Vulnerable Zone
Identify the estimated geographical area that may be subject to
concentrations of an airborne EHS at levels that could cause irreversible
acute health effects or death to human populations within the area
following an accidental release . Plot that geographical area on a map
indicating the Vulnerable Zone for each EHS present at the facility at or
above the TPQ . Enter the facility name , SERC code , chemical ( s) name
and vulnerable zone( s) radius on vulnerable zone map ( s) .
b . Estimate Facility Population
Provide an estimate of the maximum number of employees present at
the facility at any given time , i . e . if the facility is unmanned except for
routine maintenance by only one person then , the number of employees
present at any given time shall be noted as one .
C. Critical Facilities
Identify each critical facility and each facility' s maximum expected
occupancy , within each VZ, which are essential to emergency response
or house special needs populations (schools , day cares , public safety
facilities , hospitals , etc . ) . If there are no critical facilities within the VZ,
that shall be noted .
d . Estimated Exposed Population
Provide an estimate of the maximum possible population (including facility
employees , general population and critical facilities etc . ) within the VZ( s) that
would be affected in a worst case release for each EHS on site .
4 . Risk Analysis
a . Probability of release
Rate the probability of release as Low , Moderate , or High based on
observations at the facility . Considerations should include history of
previous incidents and current conditions and controls at the facility .
16
b . Severity of consequences of human injury
Rate the severity of consequences if an actual release were to occur.
C . Severity of consequences of damage to property
Rate the potential damage to the facility , nearby buildings and
infrastructure if an actual release were to occur.
d . Severity of consequences of environmental exposure
Rate the potential damage to the surrounding environmentally sensitive
areas , natural habitat and wildlife if an actual release were to occur.
B . Identify those facilities in Attachment C for which a hazards analysis was not submitted .
Supporting documentation must be provided with a list to account for the facilities for which a
hazards analysis was not completed . In addition to the SERC Code Identification , supporting
documentation should indicate :
1 . Facility has closed or is no longer in business .
2 . Facility is not physically located in the County ( indicate appropriate County location , if
known ) .
3 . Facility does not have EHSs on -site or EHSs are below TPQ . These facilities require :
a . A Statement of Determination from the facility representative for the previous
reporting year; or
b . A letter from the facility representative fully explaining why the EHSs are not now
present at or above TPQ and a date when the EHSs were removed from the
facility .
TASK 3 : On -Site Visits
A. Conduct a detailed on -site visit, within the period of this Agreement, of all the facilities listed
in Attachment C , to confirm the accuracy and completeness of information in the hazards
analysis (Task 2 ) .
B . Submit a compact disk or diskette with a high -resolution digital image that is date stamped
within the period of this Agreement, of the EHSs) on site at all applicable facilities listed on
Attachment C . The recipient may expend funds from this grant to purchase a digital camera
with the capability to perform the requirements listed above when a comparable camera is
not available . Upon request, the Department may approve an alternate verifiable format.
C . Submit a site plan map with the SERC code number and in sufficient detail to identify:
1 . Location of major building ( s)
2 . Location and identification of EHS container( s )
3 . Location of major street( s) and entrance(s)
4 . North arrow and scale , if determined , or not to scale
D . Provide the date of the on - site visit .
17
TASK 4 : Submission Distribution and Notification of the Approved Hazards Analyses
A. Upon Department approval of all required hazards analyses , one ( 1 ) copy of each approved
hazards analysis ( hard copy and/or electronic format) shall be submitted to the Department.
A complete copy of each approved hazards analysis shall be sent to the Local Emergency
Planning Committee and a copy of the transmittal letter shall be submitted to the Department.
B . Upon Department approval of all required hazards analyses , notify all facilities (for which a
hazards analysis was required ) and response agencies of the availability of the hazards
analyses information , make that information available upon request and submit proof of said
notification to the Department.
II . SCHEDULE OF PAYMENTS
A. The first payment of fifteen ( 15 ) percent of the fixed fee amount is payable upon receipt of an
acceptable financial invoice (Attachment D) , receipt of the Recipient' s contact person' s name ,
address , telephone number, E-mail address , name of software utilized to develop the
hazards analyses and receipt of one completed sample hazards analysis due on or before
August 15 , 2005 .
B . A second payment of thirty ( 30 ) percent of the fixed fee amount is payable upon receipt of an
acceptable financial invoice (Attachment D ) and the completed hazards analyses due on or
before November 1 , 2005. A third payment of thirty ( 30 ) percent of the fixed fee amount is
payable upon receipt of an acceptable financial invoice (Attachment D ) and the completed
hazards analyses due on or before February 1 , 2006 . If less than the required amount of
hazards analyses are submitted on the due dates , payments may be made on a performance
basis that is commensurable with the percentage of hazards analyses submitted .
C . A final payment equal to Twenty-five (25 ) percent of the fixed fee amount may be released
upon receipt of an acceptable financial invoice (Attachment D) and upon Department
approval of all required hazards analyses .
End Attachment B
18
ATTACHMENT C - INDIAN RIVER COUNTY SECTION 302 FACILITIES
LEPC/SERC Physical Address Mailing Address Facility Representative
Code
SUN AG - FELLSMERE FARMS DIVISION SUN AG DAVID W CHANDLER
10 7735 COUNTY ROAD 512 7735 COUNTY ROAD 512 772-571 - 1444
1386 FELLSMERE FL 32948- FELLSMERE FL 32948-9789
BLUE GOOSE GROWERS - OSLE GROVE BLUE GOOSE GROWERS TIMOTHY DOOLEY
10 9185 21 STREET SOUTHWEST POST OFFICE BOX 14709 772-461 -3020
24523 VERO BEACH FL 32960- FORT PIERCE FL 34979-4709
COUNTRYSIDE NORTH - WTP AND WWTP COUNTRYSIDE NORTH MANAGEMENT PAT WALSH
10
8775 20 STREET # 501 8775 20 STREET # 501 561 -778- 1713
14281 VERO BEACH FL 32966- VERO BEACH FL 32966-
OCEAN SPRAY CRANBERRIES - VERO BEACH PROCESSING PLANT OCEAN SPRAY CRANBERRIES BRIAN BOGART
10 925 74 AVENUE SOUTHWEST 925 74 AVENUE SOUTHWEST 772-978- 1442
1286 VERO BEACH FL 32968-970 VERO BEACH FL 32968-9702
ROSS GROVE CARE ROSS GROVE CARE DAVID ROSS
10 6260 65 STREET POST OFFICE BOX 2112 772473 -9425
1030 VERO BEACH FL 32967 VERO BEACH FL 32961
SAMS CLUB - STORE 6520 SAM'S EAST INC . TODD TANNER
10 5565 20 STREET PO BOX 300 772-978-9385
30651 VERO BEACH FL 32966 BENTONVILLE AR 727120300
SYNGENTA CROP PROTECTION SYNGENTA CROP PROTECTION BRYAN DELP
10
7145 58 AVENUE 7145 58 AVENUE 772-567-5218
1095 VERO BEACH FL 32967 VERO BEACH FL 32967-
VERO CHEMICAL DISTRIBUTORS VERO CHEMICAL DISTRIBUTORS RICHARD CHISHOLM
10 755 20 PLACE 755 20 PLACE 772-562-4463
6540 VERO BEACH FL 32960 VERO BEACH FL 32960
WHITE FACE ACRES WHITE FACE ACRES A KROMHOUT
10
12600 STATE ROAD 60 6380 12 STREET 727-473-2758
10539 VERO BEACH FL 32966 VERO BEACH FL 32966
19 . 1
LEPC/SERC
Code Physical Address Mailing Address Facility Representative
WILTEL COMMUNICATIONS - VRBHFLIT WILTEL COMMUNICATIONS TERRY WILLIS
10 2108 OLD DIXIE HIGHWAY SOUTHEAST ONE TECHNOLOGY CENTER - TC- I IS 918-547-8902
27485 VERO BEACH FL 32962- TULSA OK 74103
WORLDCOM - VOBEFL WORLDCOM GENMC
10 1360 18 STREET EAST OF OLD DIXIE HIGHWAY 2400 NORTH GLENNVILLE DRIVE 800-444-0902
24057 VERO BEACH FL 32960- RICHARDSON TX 75082-
19 .2
Attachment D
FINANCIAL INVOICE
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
RECIPIENT: Indian River County AGREEMENT #
AMOUNT AMOUNT APPROVED
REQUESTED BY THE
BY THE RECIPIENT DEPARTMENT
1 . Contact and Sample ( 15% Max . ) $ $
2 . Hazards Analyses ( 30 % Max. ) $ $
( 50 % completed/submitted )
3 . Hazards Analyses ( 30 % Max . ) $ $
( 50% completed/submitted )
4 . Final Work Product Completed ( 25% ) $ $
TOTAL AMOUNT $ $
(To be completed by
the Department)
I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms
of the Agreement.
Signature of Authorized Official/Title Date
TOTAL AMOUNT TO BE PAID AS OF
THIS INVOICE $
AUTHORIZED BY
( To be completed by the Department )
20
1
Attachment E
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 in
accordance with Paragraph (7 ) and Paragraph ( 12 ) of this Agreement.
(2 ) If applicable , records that identify adequately the source and application of funds for all
federally-sponsored activities . These records shall contain information pertaining to Federal awards ,
authorizations , obligations , un-obligated 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 outlays with budget amounts for each award . Whenever appropriate , financial
information should be related to performance and unit cost data .
( 5) If applicable , written procedures to minimize the time elapsing between the transfer of funds
to the Recipient from the U . S . Treasury and the issuance or redemption of checks , warrants or payments
by other means for program purposes by the recipient. To the extent that the provisions of the Cash
Management Improvement Act (CMIA) ( Pub . L . 101 -453 ) govern , payment methods shall be consistent
with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR part 205 ,
'Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs . "
(6 ) If applicable , written procedures for determining the reasonableness , allocability and
allowability of costs in accordance with the provisions of the applicable Federal cost principles and the
terms and conditions of the award .
(7 ) Accounting records , including cost accounting records that are supported by source
documentation .
Competition
All procurement transactions shall be conducted in a manner to provide , to the maximum extent practical ,
open and free competition . The recipient shall be alert to organizational conflicts of interest as well as
noncompetitive practices among contractors that may restrict or eliminate competition or otherwise
restrain trade . In order to ensure objective contractor performance and eliminate unfair competitive
advantage , contractors that develop or draft specifications , requirements , statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements . Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most
advantageous to the recipient, price , quality and other factors considered . Solicitations shall clearly set
forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by
the recipient. Any and all bids or offers may be rejected when it is in the recipient' s interest to do so .
Codes of Conduct
The recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts . No employee , officer, or agent shall participate in
the selection , award , or administration of a contract supported by Federal funds if a real or apparent
21
conflict of interest would be involved . Such a conflict would arise when the employee , officer, or agent,
any member of his or her immediate family , his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein , has a financial or other interest in the firm selected for
an award . The officers , employees , and agents of the recipient shall neither solicit nor accept gratuities ,
favors , or anything of monetary value from contractors , or parties to sub-agreements . However, recipients
may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited
item of nominal value . 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.
Business Hours
The Recipient shall have its offices open for business , with_ the entrance door open to the public, and at
least one employee on site , from at least 9: 00 am to 5 : 00 pm , Monday through Friday.
Licensing and Permittinct
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
End Attachment E
22