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HomeMy WebLinkAbout1999-267• Contract Number: 00CP-05-10-40-01-031 GRANT AGREEMENT TI -IIS ACRE M1LiVT is entered into by and between the State of Florida, Department of Community Affairs, with }teadquarters in Tallahassee. Florida ('hereinafter referred to as the "Department"). and INDIAN RIVER COUNTY, (hereinafter referred to as the "County"). THIS AGREEMENT I5 ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 2152.373. aorida. Statutes. and Rule Chapter 9G-19,Code. to disburse funds for emergency nrida Administrative. management grants to counties; and WHEREAS, the County is eligible to receive said funds and agrees to comply with all the requirements of this Agreement and Rule Chapter 9G- 19, Florida Ad 'nistradve Code. NOW, THEREFORE, the Department and the County do mutu qty agree as follows: SCC) E OF WORK ANDEN�. 2 NG The County shall fully perform the obligations in accordance with the Scope of Work.. Attachments A and A- l of this Agreement. Funding for performance of the Scope of Work shall be provided in accordance with Attachment F. H. INCORPORATIQN OF LAWS. RULES REG[JLATiONS AND POLICIES Roth the County and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B. IIL PERIOD OF AGRFEMEN'f` 'Phis Agreement shall begin October 1, 1999 and shall end September 30, 2000, unless terminated earlier in accordance with the provisions of Paragraphs Vii. or IX. of this Agreement. All requests for reimbursement must be submitted within 30 days after the termination date of the Agreement. No reimbursement requests received after November 1, 2000 be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. IV. MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be effective only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. No change to the terms and conditions of this Agreement, including the Scope of Work, shall be effective until filed and approved in accordance with the provisions in Attachment A. However, changes to the amount of funding to be provided may be accomplished by notice from the Department to the County, in the form of certified tnaiI, return receipt requested. The Department may make an award of additional funds by subsequent Award Letter certified f mail, return receipt requested, to the County's contact identified in paragraph VIII, below. Should the County determine it does not wish to accept the award of additional funds, then the County shall provide notice to the Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the County shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. 'The terms of this Agreement shall be considered to ha,,e been modified to include the additional fiends upon receipt of the written notice of acceptance. M_M"I The County shad constantly monitor its performance under this Agreement to ensm.' that time schedules are being met, the Scope of W(,rk is being accomplished and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in accordance with Attachment D. Records of such activities shrill be created and retained in accordance with Attachment C. 1,rl. UARILMITY The County shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement. For purposes of this Agieement, the County agrees that it is not an employee or agent of the Department. VII. NONCQMPLi.ANCI ._ tE� DWS. AM] ' I M[NA`CI( PI If a County fails to comply with any term or condition applicable to an award under Rule Chapter 9G-1.9 or any term or condition including, but not limited to, federal and state laws, agreements, rules and regulations, applicable to any other funding for the County administered nistered by the Division, then the Department shall take one or more of the following actions, as indicated by the attendant circumstances: 1. temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cast of the activity or action not in compliance; 3. suspend or terminate the award; 4. disallow luture participation in the program or funding provided under this rule chapter; 5. recover ail funds provided under the current award. Costs of the County resulting from obligations incurred by the County during suspension or after termination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes theta in writing. Other County costs during suspension or after termination which are necessary and not reasonably avoidable may, in the sole discretion of the Department, be allowable if: 40 the costs result from obligations which were properly incurred by the County before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of ternx nation, are not cancelable, and the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs. C. Counties with terminated grants shall remain obligated to provide all required closeout information. D. In the event that any audit detertnines that costs reimbursed or otherwise funded under this Agreement should be disallowed, then the County shall return those disallowed funds to the Department. In the alterative, the Department may, in its pole discretion, offset the disallowed amount against any current or future swards to the County from any other grant agreement or contract with the County administered by the Department 13. Actions taken for noncompliance constitute final Department action under Chapter 120, Statutes, as amended. Notification of such actions shall include notice of admin stradve hewing rights and time frames. F. The County shall return funds to the Department if found in noel -compliance with laws, rules, or regulations governing the use of the funds or this Agreement. G. This A6"ernent may be terminated by the written mutual consent of the parties. Vlll. NOITCE, AND C©NTAC_T A. The Department designates Edgar W. Gonesh, Planning Manager, Division of Emergency Management, as the Departme_tt's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at the following address: Department of Community Affairs Division of Emergency Mtnrigement 2555 Shumard Oak Boulevard Tallah=see, Florida 32399-2 100 E -Mail - edgar.gonesh r@dca.stateftus B. The signer of this Agreement or his/her designee shall be the County's Contract. Manager. All communications, written or oral, relating to this Agreement shall be directed to him/her at the following address: Doti Ins N1, Wright, Director Indian Nivel. County Ismer encu Services 1840 25th Street Vero Beach, Floridta 32M Telephone #: ( 561), 5 ,7-2 5 C-3 C. All payments relating to this Agreement shall be mailed to the following address: Indian River Count,F D artmont of F vier encu 5erviel- 184a 25th Street Vera Beach, Florida 32960 D. fn the event that different representatives are designated by either party after execution of this ,Agreement, notice of the Dame, title, address and telephone number of the new mpresentative will be rendered as provided in Paragraph VI'll. A and i3 above. DO _-10f r.9 A. The validity of this A,greerrtent is subject to the truth and accuracy of all the information, representattorrs, and materials submitted or provided by the County, 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 County, cause the termination of this Agreement and the release of the Department from all its obligations to the County. 13. This Agreement Shall be construed under the laws of the state of Florida, and venue for any actions arising out of this Agreement shall lic in Leon County, if any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. C. No waiver by the Departmcrnt of any right or remedy granted hereunder or failure to insist on strict performance by the County 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 County. Any power of approval or disapproval ;granted to the Depmtment under the tans 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. X.j<JI ]v A. rhe County 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 constmed 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. H. The audit will be submitted no later thati April 30, 2001,. The Department may require the County to undertake such further or additional audits as determined necessary or appropriate including, but not limited to, past and current organization -wide audits. Such audits may be necessary to determine the adequacy, accuracy, and reliability of the County's internal controls, fiscal data, and rcrnagcmcrtt systems established to safegtia d the County's assets and to ensure compliance with this Agreement. If this Agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit atter such close-out. A. If the County subcontracts any or all of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. B, the County agrees to include in the subcontract a provision that the subcontractor shall 'hold the Department And County harmless against all claims of whatever nature arising out of the subconeractor's performance of work under this Agreement, to the extent allowed and required by law. See Attachment is for any additional terms .and conditions pertaining to subcontracts. XU, JFMS AN! C47Ni —Fi The Agreement contains all the terms and conditions agreed upon by the parties. XIII. A J!ACHML-NTS A. All attachments to this Agreement are incorporated as if set out fully herein. 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 contra#ling, but only to the extent of such conflict or inconsistency.. XIV, - i ALP= i"UNDITlt)NS 'the County agrees to be bound by the fallowing standard conditions: The state of norida's performance and obligation to pay under this Agreement is contingent upon an annual arpropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, B. If otherwise allowed under tl• is Agreement, extension of an Agreement for contractual set -vices shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the i criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the {County. C. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. D. If otherwise aidowed under this Agreement, ail bills for any travel expenses shall be submitted in accordance with s. 1 12.061,, lorida,5tatut-0. E. The Department reserves the right to unilaterally cancel this Agreement for tefitsal by the County to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119JL oridn 5_ttuteand anarie or received by the County in conjunction with the Agreement. I.. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of die employment provisions contained in 8 U.S.C, Section 1324a(c) [section 274A(e) of the Immigration and Nationality Act ("INA")j. '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 shads be grounds for unilateral cancellation of this Agreement by the Departanent. G. 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 acct 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_ XV. STA TF LUBBYING PROl-1<IIJIT-QN 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 Flcrida Legisdatum or any stair Depmutxent. XVI. LEGA) AUTHORIZATION The County certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided tinder 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 County also certifies than the undersigned possesses the authority to legally execute and bind County to 'the terms of this Agreement. i XVIL EQIPMENT AIYf� P OF'EI3TY Mf 1AG t�vIEN I` The County acknowledges the completed installation of a Hughes Network Systc as, Inc., Personal Earth Stat onaD and related equipment (hereinafter "the Equipment'). The County acknowledges and agrees to comply :nth applicable terms auld conditions of - (1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS' j, and the Department, (a copy of which is available from the Departracrrt) regarding the procurement and use of the Equipment; and (2) the Serviceslag,vement Between Hughcs Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Department) (hereinafler, couectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Department, the County mid other sites. In particular, die County agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated direct;y and exclusiveiy to the Departments State Warning Point (SWP) (904) 413-9910. B. That the County will assist and comply with the instructions of the S WP and any technical service representative responding to the report or service request. County personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate star. C. 'Chat the County shall not change, modify, deinstall. relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. D. That the County shall provide access, subject to reasonable security restrictions, to the Equipment and related (areas and locations of the County's tacili ies and premises, and will arrange permitted access to areas of third -party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives acid others performing said work shall comply with the County's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The County shall provide safe access to the Equipment and will maintain flue environment where the Equipment is located in a safe and secure condition. The j County shall provide service representatives with access to electrical power, water and ether utilities, as will as ieiephune access to the County facility as required for efficient service. E. That the County shall take reasonable steps to secure the Equipment and to protect due Equipment from damage, theft, loss and other hazards. This shall not obligate the County to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. 11te County agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the I -M Agreements, any policy of insurance referred to in the HNS Agreements, any applicable laws, codes ordinances or regulations. The County shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear arid tear resulting from its intended use. Tice County shall immediately report any damage, loss, trouble, service 'interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. What any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) aud/or the Department's vendor(s). The use of one copy of said software is subject to a license granted from I -TNS to the Department, and a sublicense from the Department to the County, to use the software solely in the operation of the Equipment, to commence on delivery of the softwan: to the County and to last for the term of the RNS Agreements. The County shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or Aerwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The County shall not, directly Or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. 1-1. The amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not put of the initial order for services. '11c service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the County or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malftniction of data comratulication Equipment not provided to the County by the Department under this Agreement, or from any cause other than intended and ordinary use. 2. Chnnlle.;- ninflifiention5, ov alterations in or to 'Lite E*qt-,,,-!n,-,nE ethr than approved upgrades and configuration changes. 3. Deim-Lillafion, relocation, or removal of the Equipment or any accessories, attachments or other devices. The County shIl be independently responsible for -,uiy and all charges not part of the initial service order. XVIII. COM LN CA IGNS CO—M By its execution of this Agreement, the County authorizes the Depattracnt to deduct the appropriate costs of the recurring charges for the satellite communications Service fi•om the allocation provided to County under Rule 9G-19.005(3), l rridd .t miruistmt vc Ocie. The deduction is $3,129 for twelve months minus a credit for satellite commurucauons equipment costs deducted ut previous years. In the event the County desires to continue use of the National Warning System (NA WAS) line, then the County shall assume oil operational and fiscal responsibility for the NAWAS line and equipment in the County. XIX. 'd;EHIcL A� Written approval from die Director of the Division of Emergency Management must be obtained prior to the- purchase of any motor vehicle with funds provided under this Agreelnen d,c absence of such approval, the Department will have no obligation to honor such reimbursement request. XX. (ER Ir C 5 By its execution of this Agreement, the County certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-7, 9G-11, and 9G-19, F.A.C., Chapter 252, Elprid=z total,' and appropriate administ dve rules and regulations that guide the emergency management program and associated activities. The County certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA hands) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust 'fund. The County further certifies that E:MPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local comprehensive emergency management plan. 10 By its signature below, the County reaffms its certification to employ acid ukmitain a full- time Director consistent with Section 9G- 19.002(6), Florida Ad 'nistra 've C P. IN WITNESS WHERLOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authoriz�d. OO"I7 nrii Inver ldY: Name anti tine: Kenneth 12. Macht, Chairman Date: October 19, 1999 Fedentl Employer J.D. 59-600047+ STATE OF FORMA DEPARTMIINT OF COMMUNITY AF1F'AIIiS BY: Name and'Titic: o5e h F. Myers ire:cto IF CI Attachment A C 2E OE WO K Base Grant funding from the Emergency Management, Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapters 9G-6 and 7, F.A.C. and Chapter 252, : U. This Scope of Work recognizes that each county is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique ducats and hwrmis and serves a unique population. In order to receive base grant binding, each county, must certify that it will use the award to enhance its Emergency Managcment Program. As a condition of mceiving funding pursuant to this Agreement, the County shall complete the work items that fall between October 1, 199€9 and September 30, 2000. listed in the most recently revised Five-year Strategic Plan, as approved by the Department. The revised 'Five-year Strategic Plan is attached hereto as Attachment A-1. Subsequent revisions during the terns of this Agreement shall be those submitted in writing by the County, approved by the Department. and on file in the Division. The document evidencing the approved scope of work shall be the most recent Strategic Plan for the County on file in the Division of Emergency Management, Bureau of Compliance Platuting and Support, evidencing approval by Division stalf housed in Tallahassee. As a further condition of receiving funding under this Agreement, the County sh", following full or partial County Emergency operation Center activation at a level equivalent to a State Emergency operation Center level three (3) or above during the period of this Agreement, then the County shal€, within forty-five (45) days following the conclusion of the activation, evaluate .the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Department. Funds may not be used for items such as door prizes and gifts. Flyers and promotional items to promote the Lmergency Management Program are allowable. Food and beverages may be purchased for Emergency Management personnel mid other personnel only if the County Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under 1) An Executive Order issued by the Governor or 2) a. State of Emergency appropriately declared by local officials in response to an emergency event or threat. Within 60 slays of execution of this Agreement, the County shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern tate activation of the local emergency management program provided in s.252.38, 12 Attachment B 1. Chapter 252, Flo ' rtes 2. Rule Chapters 9G -6,9G -7,9G-1 1, 9G-19 and 9G-20 Florida Ad tinistrative Cock 3. Chapter 287,5 t i e 4. Chapter 119, FIQD!LLutes 5. Chapter 112, ra 'd M 6. OMB Circtilar A-87 13 40 Attachment C K61 0 t A. All original records pertinent to this Agreement shall be retained by the County for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: l . If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three 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-cxpendxble personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years alta closing of title. B. All records, including supporting documentation of all program costs, shall be sufficient to deternihic compliance with dic ruquirements and objectives of the Scope of Work, Attachments A and A-1, and all other applicable laws and regulations. C. The County, 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 Dcparunent, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean daring 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. 14 M Attachment D EPO T A. The County shall provide the Department with quarterly financial reports, semi-annuai summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be provided by the Department. B. Quarterly reports shall begin with the first quarter of the county fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the fmai close-out. report. The ending slates for each quarter of Otis program year are December 31, March 31, June 34 and September 30. C. The final close-out report is due forty-five (45) clays after termination of this Agreement. 15 D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, F.S.C., historicM budgetary information relisting to the County Emergency Management Program is also required. This information shall be developed based on guidelines provided by site Departritent and shall be submitted to tire Department not later than December 31, 1999. C. A proposed staffing suamiary and budget summary describing planned expenditure of funds i provided under this Agreement toward the completion of items detailed in Attachments A and A-1 shall be submitted to the Department in a format provided by the Department not later titan December 31, 1999. F. If all required reports, budget summary and budgetary information prescribed above are not provided to the Department or ata 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 asset forth in Paragraphs VII. and EX., and Rule 9G -19.014, r -A. . "Acceptable to the Department" means that the work product %vas completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with (he Scope of Work. G. Upon reasonable notice, the County shall provide such additional program updates or information as may be required by the Department. H. All report formats provided by the Department shall be made available to the County on the Division's i tentoL bRtG. 15 ymtachment E pR C RE, t o S.ACT$ _!A SUBGRANI'S A. All subcontracts entered into by a County in connection with any portion of the 'Scope of Work shall contain all terms of the County's Agreement with the Department. B. The County shall send a copy of any subcontracts entered into in connection with implementing the Scope of Work to the Npartment within 30 days after their effective elates. C, The County shall not award subgtants using 'Funds awarded pursuant to this Agreement D. The County shaU comply with all applicable procurement rulers and regulations in securing goods and services to iniplerueltt the Scope of Work. Wherever required by law or otherwise permitted, the County shall utilize competitive procurement practices. F. Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-87. 16 40 Attachment F FUNDING/MATCHING A. This its a cost -reimbursement Agreement. The County shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $114,966 subject to the availability of funds from the Dcpartment. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds, nor shall funds from one program under the. 'Trust Fund he used to match funds received from another program under the "Trust Fund. Irtcluded in this Agreement is $1(3 carried forward from the County's Fy 1998- 99 Emergency Management Preparedness and Assistance Base Grant Agreement for expenditure In FY 1999-00. All terms and conditions contained in this Agreement relating to the use of the initial FY 1999-tltl allocation of funds are fully applicable to the carried forward funds. Said carried forward Funds from FY 1998- 99 may not be used In the calculation of eligible funds to be carried forward into FY 2000.2001 as detailed in this Agreement, Attachment ,F, Section 11. B. Any advance payment under this Agreement is subject to s. 216.181(14), Florida Statutes. lip to twenty-five (25) percent of an award may be advanced. If an advance payment is requested, the budget data on which the request is based and a justification letter shall be submitted. The letter will specify the amount of advante payment needed and provide an explanation of tite necessity for and proposed use of these funds. Indicate below which method of payment is preferred: No advance payment is requested: payment will be made solely on a reimbursement basis. An advance payment of $ 28, 749.00 is requested; balance of payments will be made on a reimbursement basis.. (justification letter inust he provided; advanced funds may not exceed 25% of total eligible award) C. After the initial advance, if any, any further payments shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Department for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The County agrr is to expend funds in accordance with the 'Scope of Work, Attachments A and A-1 of this Agreement. D, All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the County by the Department that are not expended in implementing this program shall be returned to tite Department, along with any interest earned on ail funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. 17 E, The County shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. F. Allowable casts shall be determined in accordance with applicable office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. C. At a minimum, the County shall continue to provide other funding for the County Emergency Management Agency at an amount equal to either. (1 ) the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency; or (2) the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. County general revenue funding for 911 seivices, emergency medical services, law enforcement, criminal justice, public works or othcr services outside the local emergency management agency as defined by Section 252.38, Florida Statutes shall not be included in determining the "level of county funding of the County Emergency Management Agency." The County shall. certify compliance with this rule chapter and this tole by its execution of this Agreement, and as a condition precedent to receipt of funding. H. Should the. County wish to carry Forward, into the fiscal year beginning October I, 2000, any unspent funds awarded under this Agreement, the County must request such carry forward of funds in writing to the Department by July 31, 2040. This request must include a detailed explanation and justification for the request and may not exceed an amount equal to 25% of the initial amount awarded ($105,806) under this Agreement. Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry Funds forward. Any carry forward amounts approved will be added to the County's following year's base Agreement. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. 18