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HomeMy WebLinkAbout2000-151BAGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA, AND CONTINENTAL SHELF ASSOCIATES, INC. THIS AGREEMENT is entered into this 16TH Day of MAY , 2000 by and be"veen the Board of County Commissioners, Indian River County, Florida (herein referred to as "COUNTY"), and Continental Shelf Associates, Inc., (herein referred to as "CONSULTANT"), for the development of the Indian [fiver County Wildfire Mitigation Plan. SECTION 1. PURPOSE A. The purpose of this Agreement is to contract with the CONSULTANT to assist the COUNTY in the development of single, unified county -wide Wildfire Mitigation Plan in partnership between the COUNTY and the various municipalities of the COUNTY, as identified in the contractual services agreement between COUNTY and the State of Florida Department of Community Affairs. Participation of the municipalities is voluntary. B. The COUNTY and CONSULTANT agree to act is a spirit of mutual cooperation and good faith in the implementation of the Agreement and its Purpose. SECTION 2. GENERAL TERMS AND CONDITIONS A. This Agreement shall begin upon execution by both parties and shall end, tmless terminate earlier in accordance with Section 6 of this Agreement. No deliverables shall be accepted after and no request for payment nor invoices shall be accepted atter unless mutually agreed upon as specified in paragraph D. B. The CONSULTANT shall fully perform the obligations identified in Attachment A of lite Agreement and the CONSULTANT will receive payment for each deliverable upon payment by the Department of Community Affairs to the COUNTY. Payment schedule and amounts are identified in Attachment A and agreed upon by the COUNTY and the CONSULTANT. C. Both the COUNTY and the CONSULTANT agree to be governed by the contractual services agreement between tlse COUNTY and the State of Florida, Department of Community Affairs, copies of which are in Attachment A to this agreement. In addition, the COUNTY and the CONSULTANT agree to be governed by applicable State and Federal laws, rules and regulations. D. Modifications of this Agreement may be requested according to conditions in Attachment A. tf 40 a Changes wlucli are mutually agreed upon shall be valid only when reduced to writing, duly signed by each party and attached to the original Agreement. E. The CONSULTANT and the COUNTY mutually agree to establish a mechanism to resolve any conflicts that may arise from the development of the Wildfire Mitigation Plan by using the process included in the Intergovernmental Coordination Element ofthe COUNTY'S Comprehensive Growth Management Plan, or any other mutually agreed process. This follows the same protocol in the Local Mitigation Strategy contract.. F. The COUNTY agrees to: I. Prepare a letter from the County Administrator or his designee, if necessary, that gives this project a high priority for technical assistance, data collection, and GIS production from COUNTY staff. 2. Specifically require the Department of Emergency Services, and the Community Development Department to assist in the development and evaluation of wildfire mitigation planning. 3. Produce map products in a GIS format, if available, which will support the wildfire mitigation plan, 4. Provide staff to schedule, determine locations and support equipment, prepare minutes, and notify participants ofall meetings related to the wildfire mitigation plan, 5, Process all requests for reimbursement in a timely manner, upon receipt of CONSULTANT deliverables, according to the schedule provided in Attachment A. STICTION 3. RECORD KEEPING A. All records submitted by the CONSULTANT shall be kept for three years after the termination of this Agreement and shall be sufficient and complete to verify compliance with the requirements of the Agreement and the COUNTY'S agreement with the Department of Community Affairs, B. The CONSULTANT shall allow access to its records during normal business hours and upon reasonable advanced request of the COUNTY, its employees and agents. SECTION 4, REPOR'T'S A. The CONSULTANT shall provide the COUNTY with the reports ide aified in Attachment A in accordance with the dates specified. B . All required lists, reports, and copies prescribed in Attacfuncnt A shall be completed in a manner C> 40 7 acceptable to the COUNTY. The COUNTY may withhold payments until the reports are completed or may take other such action as set forth herein. C. COUNT Y will provide reports requested by the CONSULTANT in a timely manner and at no cost to the CONSULTANT. SECTION 5. LIABILITY A. Except as otherwise provided in subparagraph (B) below, the CONSULTANT shall be solely responsible to parties with whom it shall deal carrying out the terms oftbis Agreement, and shall save the COUNTY and the Department of Community Affairs harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. B. The CONSULTANT shall be fully responsible for its negligent acts or omissions or tortuous acts which result in claims or suits against the COUNTY or the Department of Community Affairs, and shall be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be constructed as consent by COUNTY or Department of Community Affairs to be sued by third parties in any matter arising out of any contract. C. The COUNTY shall be fully responsible for its negligent acts or omissions or tortuous acts which result in claims or suits against the CONSULTANT or Department of Community Affairs, and shall be liable for any damages proximately cat:scd by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity applies.. Nothing herein shall be constructed as consent By COUNTY of Department of Community Affairs to be sued by third parties in any matter arising out of any contract, SECTION 5. DEFAULT, REMEDIES, TERMINATION A. If the State of Florida, Department of Community Affairs determines that funds are not available to continue to fund the Agreement between the COUNTY and the Department of Community Affairs, all obligations on the part of the COUNTY to make further payments to the CONSULTANT shall terminate and the Agreement shall terminate. B. This Agreement may be terminated with or without cause by either the CONSULTANT or the COUNTY with thirty (30) days notice to other party. SECTION 7. NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing., delivered either by hand, overnight express mail or by first class, certified mail, returns receipt requested, to the representatives identified below at the address set forth below. Cj a For the COUNTY: Douglas Wright, Director Department of Emergency Services 1840 250' Street Vero Beach, FL 32960 For the CONSUL'T'ANT: Lincoln N. Walther Continental Shelf Associates, Inc. 759 'parkway Street Jupiter, Florida 33477 SECTION 8. SUBCONTRACTS A. If the CONSULTANT subcontracts any or all of the work required by this Agreement, the CONSULTANT agrees to include in the subcontract that: (1) the subcontractor is bound by all applicable stateand federal laws and regulations and the terms and conditions of this Agreement, and (2) the subcontractor shall hold the COUNTY and the Department of Community Affairs harmless, consistent with Section 5 of this Agreement, against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement. The COUNTY shall approve all subcontractors and subcontracts before a contract is executed between the CONSULTANT and subcontractor.. B. The CONSULTANT shall provide executed copies of each subcontract to the COUNTY within ten (10) days of execution. SECTION 9. FUNDING/CONSIDERATION A. This is a fixed fee Agreement. As consideration for performance of work rendered under this Agreement, the COUNTY agrees to pay the CONSULTANT a fixed fee not to exceed: $99„500.00. B. The satisfactory completion of work by the CONSULTANT, as accepted by the COUNTY, and in accordance with Attachment A, shall be considered the CONSULTANT'S request for payment. SECTION 10. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 11. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of 4 40 4W �'M the Agreement shall have no effect upon the Validity of any other part or portion hereof. SECTION 112. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Indian River County, Florida, and any action shall be governed by the laws of Florida.. SECTION 13. ATTORNEY'S TEES Any costs or expenses (including reasonable attomey's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. SECTION ld. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the COUNTY or the CONSULTANT. SECTION 15. EQUAL OPPORTUNITY PROVISION The COUNTY and the CONSULTANT agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be subjected to, any'form of discrimination under any activity carried out by the performance of the Agreement. • IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date set forth above. ATTEST: CONSULTANT: By: &h>p1 a'k_ l — By:�_a-- Print Name: blebbrahy `Ri0_4'r_d l Title: t4t,+*.r" R,_60, e. _ 4��RY A���, ARY SEAL M60RAH VT HAHEL - 2 � fx vaN�ssnM nwern �r ec750210 pJ Ary C01401,T14H Exrums OF FtC J[R1L•' 2002 �LA ATTEST: Jeffrey K. Barton, Clerk By: �-c.e�A �/h � '� . Deputy Clerk 6 Print Name: L7avicl A. 61f- -les— Title: Pre_s'1d e r1+ APPROVED A5 TO FORM AND LEGAL SUFFICIENCY By: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: CYC_ Fran Adams, Chairman APPROVED AS TO FORM AND LEGAL, SUFFICIENCY . By: County Attorney i + ffiff M, ISM VVAG WAR a= r F_ Ll ATTACHMENT A Agreement Number: OOCP-07-1040-01-112 STATE FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the Board of County Commissioners of Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes, and Rule Chapter 9G-19, Florida Administrative Code, to disburse funds for emergency management grants to eligible recipients; and WHEREAS, the Recipient has been awarded funds under the above -referenced authorities after completion of the competitive awards process; and WHEREAS, Recipient agrees to comply with all the requirements applicable to said award, as supplemented by the terms and conditions in this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: SCOPE OF WORK AND FUNDING The Recipient shall undertake and fully perform the scope of work identified in its application for the competitive grant award, in accordance with the Scope of Work included as Attachment A of this Agreement, Funding up to $99,500 shall be provided on a reimbursement basis, in accordance with the budget to be submitted by Recipient pursuant to the requirement in Attaclunent A. For any advance payment, refer to Attachment F for additional terms and conditions. All terms and conditions set forth in Attaclunent F are incorporated as if set out fully herein. Il. JNCORPORATI N OF LAWS RULES REGULATI NS AND 1'©_ LILIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B of this Agreement. 40 • M III. PERIOD OF AGREJEWNT This Agreement shall begin on the date of the fund offering letter and shall end June 30, 2001, unless terminated earlier in accordance with the provisions of Paragraphs VII, or rX. or XIV. of this Agreement. ]Final requests for reimbursement shall be submitted no later than thirty (30) days after the termination date of the Agreement. Any requests received after August 15, 2001, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. M MODIFICAVt?N OF AGREEMENT: REPAYMENTS 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. 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 MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, 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 shall be reported in accordance with the reporting requirements of Attachment D. VI. LIABILITY A. Except as otherwise provided in subparagraph (B) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of 0 4D 40 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. 13. Any Recipient who is a state agency or subdivision, as defined in Section 76$.2$, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third ,parties in any matter arising out of any contract. VII. NONCOMPLIANCE. DEFAULT, REMEDIES, AND TERMINATION A. If the Recipient fails to comply with any term applicable to an award under Rule Chapter 9Cr-19F F.A.C. or this Agreement, the Department may take one or more of the following actions, as indicated by the attendant circumstances; I. temporarily withhold rash payments, pending correction of the deficiency, or withhold the final 10 percent of the grant award until the final work product is completed, submitted and determined to be acceptable by the Department; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; 4. disallow future participation in the program or funding provided under this rule chapter; 5. recover all funds provided under the current award. B. Costs of the Recipient resulting from obligations incurred by the Recipient 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 them in writing. Other Recipient costs during suspension or after termination which are necessary and not reasonably avoidable may be allowable if. the costs result from obligations which were properly incurred by die Recipient before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, arc not cancelable, and 4W Cl 2. 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. Recipient of terminated grants shall remain obligated to provide all required closeout information. D. 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, or if any of the following events occur ("Events of Default"), a]I 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 herein, 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: I. 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 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; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the elate written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. E. Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cirre, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 4M +0 EI 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 (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3_ Withhold or suspend payment of all or any part of a request for payment, 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may he otherwise available underlaw; F. The Dcpartment may tenninate 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. G. Suspension or termination constitutes final agency action under Chapter 120, ELa Stat., as amended. Notification, of suspension or termination shall include notice of administrative hearing rights and time frames. H. Tlie Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or flus Agreement. 1. This Agreement may be terminated by the written mutual consent of the parties. I 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. C -J 40 0 Vill. NQTICE-AND_QQNTACT 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. A. Tice Department designates Edgar Gonesh, Manager, Emergency Management Preparedness and Assistance Program, Division of Emergency Management, as the Department'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 Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2140 B. For the Recipient, all communications, written or oral, relating to this Agreement shall be directed to the following; Recipient's Contract Manager's Name and Address: Dour; Wright, Director Emergency Services 1840 25th Street Vero C. In the event that different representatives arc 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 Paragraph. Vlll. A and B above. IX.THE PROVISION 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 my material changes shall, at the option of the Department and with thirty (34) 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. s 4W • B. 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 C. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict or unenforceability, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. D. With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the fcderal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft., forgery, bribery, falsification or destruction of records, snaking false statements, or receiving stolen property; 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 11(g)2. of this certification; and 4. have not within a three-year period preceding this Agreement had one or snore public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. 40 ti CI E. 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. 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. More than one copy of this Agreement may be executed. Any copy with original signatures may be considered an original. X. AUDIT REOUIR>;,MENTS 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 odber 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. In the event that the Recipient expends State awards (i.e., State of Florida financial assistance provided to Recipient to carry out a State project) from all state_govenunent sources equal to or in excess of $300,000 in total 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 216.3491, Florida Statutes and with applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. Specific instructions relating to the information needed, format and organization, timelines andlor deadlines, will be provided to the Recipient by the Department following receipt of further guidance from the Office of the Auditor General. See Attachment G for further anticipated audit requirements. • XI. SUBCONTRACTS AND PROCUREMENT A. If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. . B. The Recipient agrees to include in the subcontract that 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. See Attachment C for any additional terms and conditions pertaining to subcontracts. MA VC�1� The Agreement contains all the terms and conditions agreed upon by the parties. )[III. ATTA 1-IMENTS 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. XIV. STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes. S. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not tc exceed six (b) 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 criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. • 40 E C. All bilis 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 allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. E. The Department 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 It 9, Florida Statutes, and made or received by the Recipient in conjunction with the Agreement. F. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (" iNA")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 shall be grounds for unilateral cancellation of this Agreement by the Department. 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 a 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. X4'. STATE LOBBYINGIROMBITIOIg 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 Department. XVI. L,EGAL, AU fkl+ RIZAMW 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 10 40 40 tD also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. XVII. FQUIPMEN°i' A PERTY MAN GE ENT If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall prompt] 3, advise the Department of any loss, damage or theft affecting said equipment, Recipient shall make this equipment available to the Focal Emergency Management Agency established pursuant to Section 252.38, Florida Statutes, and to the State of Florida, upon request, in the event said equipment is needed for emergency management purposes. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. XVIII. !COPYRIGHT. PATENT AND TRADEMARK 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 reserved to the State of Florida. D. Within thirty (36) 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 .a 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 occur during performance of the 11 CA 40 40 Agreement. recipient shall be granted a royalty -free nonexclusive license to use patented or copyrighted material for research or educational purposes. XIX. PUBLIGAU MiS MD P ji 6I.,iC[TY Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Division of Emergency Management." If the project is displayed or referenced in written material, the words "State of Florida, Division of Emergency Management" shall appear in the same size letters or type as the name of the Recipient, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Name and Title: Fran Adams, Chairman Date:, May 16, 20411 Federal Employer I.D. 59-6400674 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS f 3'A Name and Title:,Ioa h F, Myers. Director 12 40 r 0 Attachment A SCOPE OF WORK The information and representations contained in the grant application submitted to the Department by the Recipient and evaluated pursuant to Rule Chapter 9G -I9, Florida Administrative Code, are hereby incorporated by reference into this Agreement. Within thirty days of the date of execution of this Agreement, Recipient will supply a document which includes an activities timeline, a list of deliverables, and a revised budget, for the approval of the Department. This document will address, with particularity and appropriate discussion, each task necessary to complete the project identified in Recipient's application for grant funding. The revised budget portion of this document must be consistent in format with the budget proposed in the original project application. It must not consist of new line it -.m expenditures, but will indicate whether the cost of the Iine items detailed in the original budget have increased or decreased from the original information. Any proposed deviations from the original budget may not exceed 5% (increase or decrease) of the originally approved amounts in the expenditure categories affected. The total amount of grant money budgeted may not exceed the amount authorized in the Agreement. Failure to supply the above -referenced document, or disapproval of this document by the Department, will resulLin the denial of funding. If the Recipient succeeds in acquiring products or services for less than the budgeted amount, then it must notify the Department and request authorization to apply the unexpended funds to the project, identifying the proposed use for the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services which will provide the same benefit as the approved project, then the Department may approve the use of the unexpended funds. The Recipient will provide in the required timeline and deliverables document subject to approval by the Division of Emergency Management, information relating to the Recipient's accomplishment or delivery of the following items and activities as represented in the,proposal. Period One. The Recipient will establish the Wildfire Mitigation Technical Advisory Subcommittee which is a subcommittee of the larger Local Mitigation Strategy Working Group already established for Indian River County (IRC). Although this subcommittee may have goals beyond what is stated 13 s C> here, for the purpose of this agreement, this subcommittee shall oversee and guide the development of the Indian River Wildfire Mitigation Plan and its placement within the all - hazards local hazard mitigation strategy. As per this agreement, the IRC Division of Emergency Services will provide administrative staff support to this subcommittee. The subcommittee will. begin the process to strategize and collect data. The Recipient will be reimbursed $33,000 of the program funds allocated for this project upon completion and confirmation of the following items within this period. Deliverables. Must be p9stmarked or hand delivered by September 29 2000 A. A list of those who will serve on this subcommittee. This list will include the individual's name, address, title and professional affiliation. At a minimum, this subcommittee will have representation from the IBC's Division of Fixe Services, Department of Emergency Services, Department of Community Development, and Property Appraiser's Office as well as municipal governments, the Florida Division of Forestry, the St. Johns Water Management District, chambers of commerce, and homeowners associations. E. The consensus goals of the subcommittee which will include, at least, the incorporation of the wildfire mitigation plan into the all -hazards local mitigation strategy. C. A detailed strategy of the wildfire mitigation plan development which will list the data sources used to complete the wildfire hazard assessment and the County's or other organizations' existing methods to manage the hazard including appropriate organizational structures, existing wildfire mitigation initiatives, relevant wildfire ordinances, fire suppression equipment, and manpower. D. A description of die agencies and organizations that affect the wildfire hazard within IRC, an inventory of the homeowner associations and the wildfire activities with which they are engaged and identify opportunities for reduction of duplication of efforts and potential coordination as well as important activities for which no one is responsible. Period Two. Deliverables. Must be postmarked or hand delivered hy_January 31, 2001 The Recipient will compile and analyze data relevant to wildfire hazards and identify those areas which have a higher risk to the wildfire hazard. The Recipient will be reimbursed $33,000 of the program funds allocated for this project upon completion and confirmation of the following items within this period. A. Vegetative fuels map, which will be in a GCS -compatible format to depict the high hazard urban/rural interface areas, and linked to parcel numbers. B. The plan adopted -by -subcommittee wildfire hazard risk assessment methodology used by IRC to evaluate, at a minimum the following vulnerability factors: subdivision designs, vegetative fuels, building constriction materials, defensible space, emergency access, fire protection and power lines. C. A survey instrument to be used to gather infornin ion about those measures homeowners take to reduce their wildfire risk. 11is survey instrument sliall be 14 40 40 40 coded to property appraiser parcel numbers so that once the completed survey is returned that information can be linked directly with a GIS- compatible file to include the actual parcels. D. The protocols to coordinate the data -gathering process and product development to devise GIS -compatible wildfire hazard information that can be integrated into The Arbiter of Storms modeling program. Period Three Deliverables. Must bepostmarked or hand delivered by June 29.2001 The Recipient will compile the wildfire hazard analyses to communicate clearly those areas which are subject to a wildfire hazard and to what degree of vulnerability or risk. Identify methods to reduce these vulnerabilities and establish their priority rank. Complete the IRC Wildfire Mitigation. Plan and its incorporation into the more comprehensive all-hazarIS IRC local mitigation strategy. The Recipient will be reimbursed $33,500 of the program funds allocated for this project upon completion and confirmation of the following items within this period. A. A report to the Department that describes the public outreach activities the subcommittee is spearheading to increase awareness of wildfire vulnerabilities B. The results of the vulnerability assessment of wildfires which will identify those areas at high, medium or low risk or other method to distinguish areas or facilities that are more vulnerable to wildfire than others. C. A list of wildfire mitigation options and in priority order based on need. These options will have identified witlt catty potential and feasible funding sources for their implementation. Tlie procedures developed to establish priority shall be provided to the Department. D. The final plan, adopted -by -subcommittee IRC wildfire mitigation and incorporated into the all -hazards local mitigation strategy. Adoption will he by the local all -hazard mitigation strategy working group. This document will be provided both in paper as well as on a CD-ROM. The Recipient will provide an in-kind match of $21,000 or 17.4% of the total project costs. This match will provide salaries and benefits, administrative and general expenses. ("rhe bottom portion of this page intentionally left blank) 15 Attachment B PROGRAM STA TLTI ES AND REGULATIONS 1. Chapter 252, Florida Statutes 2. Rule Chapter 9G-19, Florida administrative Code I Chapter 281, Florida Statutes 4. Chapter 119, Florida Statutes S. Chapter 60A-•1, Florida Administrative Code (iihe bottom portion of this page intentionally left blank) LG r 40 40 Attachment C RECORD KEEPING A. All original records pertinent to this Agreement shall be -retained by the Recipient 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 fallowing exceptions: 1. 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 -expendable personal property valued at $1,004 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 after closing of title. B. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachment A, 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. (The bottom portion of this page intentionally lcfl blank.) 17 4D 0 Attachment D REPOR'T'S A. At a minimum, the Recipient shall provide the Department with quarterly Financial Report/Reimbursement Requests, quarterly Summary Project Progress Reports and final Close-out Reports. The Recipient shall utilize the report formats provided by the Department. B. Quarterly reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter and the report due dates are as follows: Quarte Ending Date Reports Due 1 September 30, 2400 ©ctober 115, 2000 2 December 31, 2000 January 15, 2001 3 March 31, 2001 April 15, 2041 4 June 30, 2001 July 15, 2001 C. The final close-out report is due forty-five (4 5) days after termination of this Agreement or upon completion of the activities contained in this Agreement. D. Pursuant to rule 9G-19.010(7), the Recipient shall identify the applicable procurement rules, regulations and standards to be used in the first progress report to the Division following the notice of award. E. if all required reports and copies prescribed above are not sent to the Department or arc not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in. Paragraphs VII. and IX. The Department may take action for non-compliance consistent with Rule 9G-19.014, F.A.C. if reports are not timely received. ,"Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and applicable law, and is consistent with the Scope of Work, as determined by the Department in its sole discretion. F. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be requested by the Department. G. The Department shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday. 18 • 40 0 Attachment E PROCUREMENT, SUBCONTRACTS AND SUBGRANI`S A. Subcontracts entered into by a Recipient Li connection with any portion of the proposed project shall contain all temrs of the Recipient's Agreement with the Department. B. The Recipient shall send a copy of any subcontracts entered into in connection with implementing the proposed project to the Department within 30 days after their effective date. C. Recipient shall not award subgrants using funds awarded pursuant to this rule chapter. D. Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. Wherever required by law or otherwise permitted, Recipient shall utilize competitive procurement practices. (The bottom portion of this page intentionally heft blank.) 19 40 40 Attachment F FLTNDING/CONSIDERAIION A. This is not a cost -reimbursement Agreement. The Recipient shall be reimbursed for accomplishment or delivery of items and activities as represented in the proposal in three payments not to exceed S"-,500 subject to the availability of funds. The amount of fiends available pursuant to ties 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. B. The Recipient shall establish a separate account code in an interest bearing account for tracking all deposits, expenditures and interest pertaining to an award. A separate account code shall be established for each award received. The interest earned on said account (s) shall be remitted promptly to the Department, but no later than ninety days after the completion of the Agreement. C, Any advance payment under this Agreement is subject to s. 216.181(14), Florida Statutes. Twenty-five (25) percent of an award may be advanced. Payment of reimbursable expenditures may be requested thereafter, at the end of each quarter. If an advance payment is requested, the budget data on which kite request is based and a justification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. The Recipient shall mark the appropriate place below indicating whether or not an advance payment is requested, if an advance payment is requested enter the amount of the request. 1. No advance payment is requested; payment will be made solely on a reimbursement basis. An advance payment of $ is requested; balance of payments will be made on a reimbursement basis. (Justification letter must be ,provided.) D. After the initial advance, if any, quarterly payments may be made for all reimbursable expenses incurred as of the end of each quarter. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A of this Agreement. 20 40 4W M D. recipient agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching funds. Recipient shall not expend more than five percent (5%) of the total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing the project, as well as the applicant's indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified shall not exceed five percent (51/6) of the tots! funds awarded from the trust fund for the project. Funds disbursed to the Recipient by the Department that are not expended in implementing the project shall be returned to the Department, along with interest earned on the funds, within ninety (90) days of the expiration of the award Agreement. (The bottom portion of this page intentionally left blank.) 21 40 40 40 Attachment G ANTICIPATED AUDIT R.EQLIIREMENTS A. In the event that the Recipient expends State awards (i.e., State of Florida financial assistance provided to Recipient to carry out a State project) from all state government sources equal to or in excess of $300,000 in total 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 216.3491, Florida Statutes and with applicable rules of the Executive office of the Governor and the Comptroller, and Chapter I0.600, Rules of the Auditor General. 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. The complete financial audit report, including all items specified in (A) I and 2 above, shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32394-2100 and State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 1 I 1 West Madison Street Tallahassee, Florida 32302-1450 4. In determining the State funds awarded in its Fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the Department, except that State awards 22 40 40 40 received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by the Department as a Grant and Aid appropriation. In connection with the audit requirements addressed in (A) above, the Recipient shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida Statutes. This includes submission of a reporting package as defined by Section 2.16.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient finds obtained from other than State entities). B. 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 alter the Department has notified the Recipient of such non-compliance. C. The Recipient shall retain all financialrecords,records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. D. The Recipient shall have all audits completed in accordar(.e with 216.3491, 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,E lea. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. 23 ANTICIPATED FORMAT STATE FUNDS AWARDED AS MATCHING FUNIS FOR FEDERAL PROGRAMS: Federal Program 1 (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ _ Federal Program 2 (list Federal agency, Catalog of Federal Domestic Assistance title and number) - S [Continue Listing if Needed] $ TOTAL STATE FUNDS AWARDED FOR. FEDERAL MATCH $ STATE FUNDS AWARDED PURSUANT TO SECTION 216.3491, FLORIDA STATUTES: State Program I (list State agency, Catalog of State Financial Assistance title and number) - S. State Program 2 (list State agency, Catalog of State Financial Assistance title and number) - S [Continue Listing if Needed] $ TOTAL STATE FUNDS AWARDED PURSUANT TO SECTION 216.349 1, FLORIDA STATUTES $ TOTAL STATE FUNDS AWARDED 24 S