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HomeMy WebLinkAbout2005-333 T"E 'r STATE OF FLORIDA �J DEPARTMENT OF COMMUNITY AFFAIRS " Dedicated to making Florida a better place to call home " JEB BUSH THADDEUS L . COHEN , AIA Governor Secretary October 31 2005 Mr , John King , Director Indian River County Department of Emergency Services 18402 51h Street Vero Beach , Florida 32960 Re : FY 2005- 06 ( Specific Appropriation 1508A ) Agreement # 06CP-4Z-1040-01 - 223 Dear Mr . King : Enclosed is your fully executed copy of the Agreement between Indian River County and the Department of Community Affairs . Under Section ( 10) (c ) , Notice and Contact of this Agreement, you have been identified as the Representative of the Recipient responsible for the administration of this Agreement. Therefore , it is your responsibility to thoroughly read , understand and oversee the compliance of all the conditions within this Agreement. Attachment D of this Agreement is the complete package of all forms identified in Section ( 7) (a ) through (e ) . It is imperative that these reports be fully completed and remitted within the time frames specified under Section ( 7) . Failure to supply this information in a timely manner may cause non-compliance of this Agreement or possibly cause a delay in processing your reimbursement requests . For your convenience , these forms can be sent to you via e-mail . We look forward to working with you . If you have any questions regarding this program , please contact me at ( 850 ) 413-9966 or by e-mail : dianne . smithCcDdca . state . fl . us . Sincerely , Dianne Smith Community Assistance Consultant Grants Administration Unit Division of Emergency Management Enclosure 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE , FLORIDA 32399 - 2100 Phone : 850 . 488 . 8466 / Suncom 278 . 8466 FAX : 850 . 921 . 0781 / Suncom 291 . 0781 Internet address : http : / / www . dca . state . fl . us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956 Contract Number: 06CP-4Z- 10-40-01 -W CFDA : 52 . 037 STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida , Department of Community Affairs , with headquarters in Tallahassee , Florida ( hereinafter referred to as the " Department") , and Indian River County ( hereinafter referred to as the " Recipient") . THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS : A. WHEREAS , the Recipient has been awarded funds for a project( s ) , which has been evaluated for consistency with criteria established by the Governor and Legislature ; B . WHEREAS , the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein ; and C . WHEREAS , funds used for emergency shelter or critical facility projects are contingent on certification by the Department that the emergency shelter or critical facility complies with , or will comply with upon project completion , the structural considerations of ARC 4496 , Standards for Hurricane Evacuation Shelter Selection ; D . WHEREAS , the Department has received these grant funds from the State of Florida and has authority pursuant to the General Appropriations Act , for the State Fiscal Year 2005-2006 , Specific Appropriation 1508A, to disburse the funds under this Agreement to eligible recipients under the Local Emergency Management Needs upon the terms and conditions hereinafter set forth . NOW, THEREFORE , the Department and the Recipient do mutually agree as follows : ( 1 ) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2 ) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws , rules and regulations , including but not limited to those identified in Attachment B . I ( 3 ) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end June 30 , 20089 unless terminated earlier in accordance with the provisions of Paragraph ( 12 ) of this Agreement. (4 ) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement . Changes which are mutually agreed upon shall be valid only when reduced to writing , duly signed by each of the parties hereto , and attached to the original of this Agreement. ( 5 ) RECORDKEEPING ( a ) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued , and shall allow the Department or its designee , Comptroller , or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee , Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued , unless extended in writing by the Department, with the following exceptions : 1 . If any litigation , claim or audit is started before the expiration of the five year period and extends beyond the five year period , the records will be maintained until all litigation , claims or audit findings involving the records have been resolved . 2 . Records for the disposition of non -expendable personal property valued at $ 5 , 000 or more at the time of acquisition shall be retained for five years after final disposition . 3 . Records relating to real property acquisition shall be retained for five years after closing of title . ( b ) The Recipient shall maintain all records , for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs , in a form sufficient to determine compliance with the requirements and objectives of the Budget and 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 2 5. to the Department, its employees , and agents . " Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8 : 00 a . m . to 5 : 00 p . m . , local time , on Monday through Friday . "Agents " shall include , but not be limited to , auditors retained by the Department. ( 6 ) AUDIT REQUIREMENTS ( a ) The Recipient agrees to maintain financial procedures and support documents , in accordance with generally accepted accounting principles , to account for the receipt and expenditure of funds under this Agreement. ( b) These records shall be available at all reasonable times for inspection , review, or audit by state personnel and other personnel duly authorized by the Department. " Reasonable" shall be construed according to circumstances , but ordinarily shall mean normal business hours of 8 : 00 a . m . to 5 : 00 p . m . , local time , Monday through Friday . ( c) The Recipient shall also provide the Department with the records , reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement . (d ) If the Recipient is a nonstate entity as defined by Section 215 . 97 , Fla . Stat. , it shall comply with the following : In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $ 500 , 000 in any fiscal year of such Recipient , the Recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215 . 97 , Fla . Stat. ; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10 . 550 ( local government entities ) or 10 . 650 ( nonprofit and for-profit organizations ) , Rules of the Auditor General . EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance , including State funds received from the Department, other state agencies , and other nonstate entities . State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements . 3 In connection with the audit requirements addressed in this Paragraph 6 ( d ) above , the Recipient shall ensure that the audit complies with the requirements of Section 215 . 97 (7 ) , Fla . Stat. This includes submission of a reporting package as defined by Section 215 . 97 (2 ) ( d ) , Fla . Stat. and Chapters 10 . 550 ( local governmental entities) or 10 . 650 ( nonprofit and for-profit organizations ) , Rules of the Auditor General . If the Recipient expends less than $ 500 , 000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215 . 97 , Fla . Stat, is not required . In the event that the Recipient expends less than $ 500 , 000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215 . 97 , Fla . Stat, the cost of the audit must be paid from the nonstate entity's resources ( i . e . , the cost of such an audit must be paid from the Recipient 's resources obtained from other than State entities ) . Additional information on the Florida Single Audit Act may be found at the following website : http : //www . state . fl . us/fsaa/statutes . htm1 . ( e ) Report Submission 1 . The annual financial audit report shall include all management letters and the Recipient' s response to all findings , including corrective actions to be taken . 2 . The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3 . Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following : The Department of Community Affairs at each of the following addresses : Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 [an electronic copy shall also be submitted to this e-mail Aurilla Parrish — auriIla . parrish@dca . state . fl . us] Department of Community Affairs Division of Emergency Management Grants Administration Unit 2555 Shumard Oak Boulevard Tallahassee , Florida 32399 -2100 4 MOVIE iiiiiiiiiiiiiiiiiiiiil The Auditor General ' s Office at the following address : Auditor General ' s Office Room 401 , Claude Pepper Building 111 West Madison Street Tallahassee , Florida 32399 - 1450 4 . Any reports , management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133 , Florida Statutes , and Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for- profit organizations ) , Rules of the Auditor General , as applicable . 5 . Recipients , when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A- 133 or Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for- profit organizations) , Rules of the Auditor General , should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package . (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement , the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty ( 30) days after the Department has notified the Recipient of such non-compliance . ( g ) The Recipient shall have all audits completed in accordance with Section 215 . 97 , Fla . Stat. by an independent certified public accountant ( IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473 , Fla . Stat. The IPA shall state that the audit complied with the applicable provisions noted above . ( 7 ) REPORTS ( a ) At a minimum , the Recipient shall provide the Department with quarterly reports , and with a close-out report . These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. G ( b ) Quarterly reports are due to be received by the Department no later than 15 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30 , June 30 , September 30 and December 31 . ( c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement , whichever first occurs . (d ) If all required reports and copies , prescribed above , are not sent to the Department or are not completed in a manner acceptable to the Department , the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph ( 11 ) REMEDIES . "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. ( e ) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D . ( 8 ) MONITORING . The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors , subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods , and other performance goals stated in this Agreement are achieved . Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A- 133 , as revised and Section 215 . 97 , Fla . Stat. ( see Paragraph (6 ) AUDIT REQUIREMENTS , above ) , monitoring procedures may include , but not be limited to , on-site visits by Department staff, limited scope audits as defined by OMB Circular A- 133 , as revised , and/or other procedures . By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is 6 appropriate , the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections , reviews , investigations or audits deemed necessary by the Comptroller or Auditor General . In addition , the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks . ( 9 ) LIABILITY . ( a ) Unless Recipient is a State agency or subdivision , as defined in Section 768 . 28 , Fla . Stat. , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department , but is an independent contractor. ( b ) Any Recipient who is a state agency or subdivision , as defined in Section 768 . 28 , Fla . Stat. , agrees to be fully responsible to the extent provided by Section 768 . 28 Fla . Stat . for its negligent acts or omissions or tortious acts which result in claims or suits against the Department , and agrees to be liable for any damages proximately caused by said acts or omissions . Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. ( 10 ) DEFAULT . If any of the following events occur (" Events of Default" ) , all obligations on the part of the Department to make any further payment of funds hereunder shall , if the Department so elects , terminate and the Department may , at its option , exercise any of its remedies set forth in Paragraph ( 11 ) , but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies , and without becoming liable to make any further payment: ( a ) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep , observe or perform any of the obligations , terms or covenants contained in 7 this Agreement or any previous agreement with the Department and has not cured such in timely fashion , or is unable or unwilling to meet its obligations thereunder; ( b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement , and the Recipient fails to cure said material adverse change within thirty ( 30 ) days from the time the date written notice is sent by the Department. ( c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect , incomplete or insufficient information ; (d ) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement . ( 11 ) REMEDIES . Upon the happening of an Event of Default, then the Department may , at its option , upon thirty ( 30 ) calendar days prior written notice to the Recipient and upon the Recipient' s failure to cure within said thirty ( 30 ) day period , exercise any one or more of the following remedies , either concurrently or consecutively : (a ) Terminate this Agreement, provided that the Recipient is given at least thirty ( 30 ) days prior written notice of such termination . The notice shall be effective when placed in the United States mail , first class mail , postage prepaid , by registered or certified mail - return receipt requested , to the address set forth in Paragraph ( 13 ) herein ; ( b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; ( d ) Exercise any corrective or remedial actions , to include but not be limited to : 1 . requesting additional information from the Recipient to determine the reasons for or the extent of non -compliance or lack of performance , Z . issuing a written warning to advise that more serious measures may be taken if the situation is not corrected , 3 . advising the Recipient to suspend , discontinue or refrain from incurring costs for any activities in question or 4 . requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible ; 8 ( e ) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws , rules and regulations governing the use of funds under this program ; (f) Exercise any other rights or remedies which may be otherwise available under law; (g ) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity . No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient . ( 12 ) TERMINATION . ( a ) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances . Cause shall include , but not be limited to , misuse of funds ; fraud ; lack of compliance with applicable rules , laws and regulations ; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119 , Fla . Stat. , as amended . ( b ) The Department may terminate this Agreement when it determines , in its sole discretion , that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds , by providing the Recipient with thirty ( 30 ) calendar days prior written notice . ( c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. ( d ) In the event that this Agreement is terminated , the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination . The Recipient will cancel as many outstanding obligations as possible . Costs incurred after the date of receipt of notice of the termination will be disallowed . Notwithstanding the above , the g Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may , to the extent authorized by law , withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined . ( 13 ) NOTICE AND CONTACT . (a ) All notices provided under or pursuant to this Agreement shall be in writing , either by hand delivery , or first class , certified mail , return receipt requested , to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. ( b ) The name and address of the Department contract manager for this Agreement is : Ms . Dianne Smith , Financial Specialist Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone : ( 850) 413 -9966 Fax: ( 850 ) 488-7842 Email : Dianne . Smith (cr dca . state fl us The Project Officer for this Agreement is Danny Kilcollins . He can be contacted for technical assistance relating to this Agreement at the above address , telephone 850/413-9859 , or e-mail danny . kilcollins andca . state . fl us . ( c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is : Mr. John King , Director Indian River County Department of Emergency Services 184025 th Street Vero Beach , Florida32960 Telephone 772 -567-2154 Fax : 772 - 567-9323 Email : jking@ircgov . com (d ) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name , title and address of the new representative will be rendered as provided in ( 13 ) ( a ) above . 10 ( 14 ) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that ( i ) the subcontractor is bound by the terms of this Agreement , ( ii ) the subcontractor is bound by all applicable state and federal laws and regulations , and ( iii ) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor' s performance of work under this Agreement, to the extent allowed and required by law . Each subcontractor' s progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. ( 15 ) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties . ( 16 ) ATTACHMENTS (a ) All attachments to this Agreement are incorporated as if set out fully herein . ( b ) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto , the language of such attachments shall be controlling , but only to the extent of such conflict or inconsistency . ( c) This Agreement has the following attachments : Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C - Warranties and Representations Attachment D — Reports Attachment E - Justification of Advance 11 ( 17) FUNDING/CONSIDERATION (a ) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $2 , 500 , 000 subject to the availability of funds . ( b ) Any advance payment under this Agreement is subject to Section 216 . 181 ( 16 ) , Fla . Stat. , and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph ( 12 ) ( b) of this Agreement. The amount which maybe advanced may not exceed the expected cash needs of the Recipient within the first three ( 3) months of the contract term . If an advance payment is requested , the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E . Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds . 1 . X No advance payment is requested . 2 . An advance payment of $ is requested . ( c) After the initial advance , if any, payment shall be made on a reimbursement basis as needed . The Recipient agrees to expend funds in accordance with the Budget and Scope of Work , Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress , the state Legislature , the Office of the Comptroller or the Office of Management and Budgeting , all obligations on the part of the Department to make any further payment of funds hereunder shall terminate , and the Recipient shall submit its closeout report within thirty ( 30 ) days of receipt of notice from the Department. ( 18 ) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of " Department of Community Affairs " , and mailed directly to the Department at the following address : Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 12 In accordance with Section 215 . 34 (2 ) , Fla . Stat. , if a check or other draft is returned to the Department for collection , the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($ 15 . 00 ) or Five Percent ( 5 % ) of the face amount of the check or draft, whichever is greater. ( 19 ) VENDOR PAYMENTS . Pursuant to Section 215 . 422 , Fla . Stat. , the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection , and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55 . 03 ( 1 ) Fla . Stat. The interest penalty shall be paid within 15 days after issuing the warrant . Vendors experiencing problems obtaining timely payment(s ) from a state agency may receive assistance by contacting the Vendor Ombudsman at ( 850 ) 488-2924 or by calling the State Comptroller' s Hotline at 1 -800-848-3792 . (20 ) STANDARD CONDITIONS ( a ) The validity of this Agreement is subject to the truth and accuracy of all the information , representations , and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information , representations , and materials are incorporated by reference . The lack of accuracy thereof or any material changes shall , at the option of the Department and with thirty ( 30 ) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient . ( b ) This Agreement shall be construed under the laws of the State of Florida , and venue for any actions arising out of this Agreement shall lie in Leon County . If any provision hereof is in conflict with any applicable statute or rule , or is otherwise unenforceable , then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable , but shall not invalidate any other provision of this Agreement . ( c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole . 13 ( d ) The Agreement may be executed in any number of counterparts , any one of which may be taken as an original . ( e ) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law 101 -336 , 42 U . S . C . Section 12101 et sea . ) , if applicable , which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations , transportation , State and local government services , and in telecommunications . (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity , may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work , may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. ( g ) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity , may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work , may not submit bids on leases of real property to a public entity , may not award or perform work as a contractor , supplier, subcontractor, or consultant under contract with any public entity , and may not transact business with any public entity . ( h ) The State of Florida' s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature , and subject to any modification in accordance with Chapter 216 , Fla . Stat. or the Florida Constitution . ( i ) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Q ) If otherwise allowed under this Agreement , all bills for any travel expenses shall be submitted in accordance with Section 112 . 061 , Fla . Stat. 14 (k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents , papers , letters or other material subject to the provisions of Chapter 1191 Fla . Stat. , and made or received by the Recipient in conjunction with this Agreement. ( 1 ) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department 's obligation to pay the contract amount. ( m) 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")] . 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. (21 ) STATE LOBBYING PROHIBITION . No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency . (22 ) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ( 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 15 books , manuals , films , or other copyrightable material are produced , the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida . ( c) Within thirty ( 30 ) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed . Failure to disclose will indicate that no such property exists . The Department shall then , under Paragraph ( b) , have the right to all patents and copyrights which accrue during performance of the Agreement. ( 23 ) LEGAL AUTHORIZATION . The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that , if applicable , its governing body has authorized , by resolution or otherwise , the execution and acceptance of this Agreement with all covenants and assurances contained herein . The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF , the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized . Recipient : INDI&ISI R ;c R COUNTY •' a APPROVED \ a 1 b l " •� � L aiip. t f k BY : Name and tit% '•. Thomas S . .. _` Lowther , Chairman 4V _ CA Date : 0ctob,er '5'4 ,' *, 2005 • ' L Co Orty Administrator SAMAS # FID# 59 _ 60O674 STATE OF FLORIDA DEPARTMENT F COMMUNITY AFFAIRS BY : Name and Title : �)_f��A .rrat,� ai(Ajoi t o' n ' rg?6j1j0A*4dAu6mL Date : . . /0 � D� Attesto J . K . Barton , Clerk AY� PROVED AS TO FORM A DL G SUFFi CY Hy ; J � Clerk RI SISTANT COUNTY'ATTO NE 16 EXHIBIT — 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING : None SUBJECT TO SECTION 215 . 97 , FLORIDA STATUTES : NOTE : If the resources awarded to the recipient represent more than one State project provide the same information shown below for each State project and show total state financial assistance awarded that is subiect to Section 215 . 97 , Florida Statutes . Specific Appropriation 1508A CSFA : 52 . 037 $2 ,500,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : 1 . Sections 215 . 555 (7 ) (c) and 215 . 559 , Florida Statutes 2 . Chapter 252 , Florida Statutes 3 . Chapter 287 , Florida Statutes 4 . Chapter 119 , Florida Statutes 5 . Chapter 60A- 1 , Florida Administrative Code 6 . Chapter 9G- 19 , Florida Administrative Code 7 . Funding under this Grant is for constructing an Emergency Operations Center. NOTE : Section . 400 ( d ) of OMB Circular A- 133 , as revised , and Section 215 . 97 ( 5 ) ( a ) , Florida Statutes , require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 17 Attachment A Proposed Budget Budget and Scope of Work Anticipated :Categorl! "Expenditure , °Amount Salary and Benefits Other Personal/Contractual Services 2 8 0 , 0 0 0 Administrative Expenses ( Limited to 5 % ) Expenses Operating Capital Outlay Fixed Capital Outlay 2 , 2 2 0 , 0 0 0 Total Expenditures $2, 5009000 L SCOPE OF WORK A. The Recipient shall construct an Emergency Operations Center ( EOC ) within the County . Eligible reimbursement costs include , but are not necessarily limited to : Architectural and Engineering services and fees ; site survey and soil testing ; necessary permits and fees ; civil and utilities site work ; access driveways and parking ; site security measures ; construction of the building ' s superstructure , shell ( envelope) and essential ancillary structures ; communications infrastructure and tower( s ) ; helipad ; special inspections ; mechanical , plumbing , electrical , telecommunications , conveying and security systems ; lightning protection ; redundant infrastructure equipment and systems (e . g . , electric generators , uninterruptible power supplies , etc . ) ; and , finish work , furnishings and equipment for emergency management staff, primary EOC spaces (e . g . , operations room , communications/radio room , information and planning room , etc. ) and shared spaces ( e . g . , conference rooms , restrooms , kitchen/dining rooms , etc . ) B . The EOC shall be constructed with sufficient space to house people and equipment for day-to- day and sustained continuous emergency operations , and capable of full staffing for the most extensive emergency anticipated . At a minimum , the EOC and essential shared -use area ( s ) shall be designed for an emergency operations staff size of no less than 75 persons per shift. C . At a minimum , the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496 ) . 18 D . The EOC and essential ancillary structures and equipment shall be designed to resist the effects of a major hurricane . The wind design load requirements shall be in accordance with the American Society of Civil Engineers (ASCE ) Standard 7 , Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include : Design Wind Speed = 200 miles per hour ( 3 second gust) Wind Importance Factor, I = 1 . 00 Exposure Category = C Directionality Factor, Kd = 1 . 00 Internal Pressure Coefficient , GCpi = +/_ 0 . 18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria . Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria . Loose aggregate roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria . E . The EOC and essential ancillary structures and equipment shall resist penetration by windborne debris impact. At a minimum , all exterior enclosure components , claddings and assemblies ( i . e . , walls , roofs , louvers , windows , doors , etc. ) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria specified in the Department of Energy ' s ( DOE ) Standard , Natural Phenomena Hazards Design and Evaluation Criteria , DOE- STD- 1020-2002 . That is , the building enclosure must resist penetration by a nominal 2 "x4 " lumber plank weighing 15 pounds propelled at 50 miles per hour striking end -on and normal to the assembly surface . As applicable , impact test procedures shall be consistent with recognized state and national standards ; such as , SBCCI Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12 , American Society of Testing and Materials ( ASTM ) Standards ASTM E 1886 and ASTM E 1996 , and Florida Building Code Testing Protocols TAS 201 , TAS 202 and TAS 203 . F . The minimum design elevation of the lowest floor for the EOC and essential ancillary structures and equipment shall be located outside of or elevated above : Category 5 storm surge elevation , the 500- year flood plain ( if determined ) , or the base flood elevation plus two feet , whichever is greater. G . The following information related to wind loads and flooding shall be shown on the construction drawings : 1 . wind design per ASCE 7 with applicable year of revision , 2 . design wind speed , 3 . wind importance factor, 4 . design wind exposure , 5 . design internal pressure coefficient , 6 . design wind pressures in terms of pounds per square foot ( psf) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional , 7 . windborne debris impact performance criteria , and 8 . finish floor elevation with comparison reference to the Category 5 storm surge elevation , 500-year flood elevation ( if determined ) , and the base flood elevation . H . The EOC shall be designated as a threshold building ( s ) , and special structural inspections required . Special inspections shall be conducted in compliance with section 553 . 79 , Florida Statutes and other applicable statutes , laws and rules . I . The EOC and essential ancillary structures and equipment shall be designed for a minimum of 72 hours of self-contained continuous operation and shall not be solely reliant upon off-site utilities ( e . g . , water, natural gas fuel , electricity , telecommunication and information technologies , etc . ) The design shall ensure that the EOC is equipped with survivable communications to receive and distribute warnings , and ensure connectivity with other EOCs , the State Warning Point , adjacent jurisdictions , and key response and recovery agencies and organizations . J . Force protection and security measures shall be consistent with the guidance published in Florida ' s Homeland Security Comprehensive Assessment Model ( HLSCAM ) , United States Air Force 19 Installation Force Protection Guide , or other federal or state recognized best-practices guides as approved by the Department. K. The Recipient shall provide an initial timeline and cost-share allocation table . Table SW- 1 , " Initial Timeline and Cost Share Allocation " or other similar instrument as approved by the Department may be used . Table must show that sufficient funds have been dedicated or obligated to complete the construction project. TableSW-1 . Initial Timeline and Cost Share Allocation PROJECT PHASE Start Date End Date DCA Funds Other Funds FY05-1508A Board Contract Approval Initial Payment of Advance , if requested - first quarter A& E Firm Selection Site Survey and Soil Testing Spatial Needs Assessment Preliminary Design , 70 % complete Preliminary Design , 100% complete Regulatory Review Bid Document( s ) Development & Award Notice to Proceed/Mobilization Construction Project Management & . Special Inspections Construction 25 % Complete Construction 50 % -Complete Construction 100 % Complete - Contingency Administrative Fees ; maximum of 5 % Sub-Totals $215001000 TOTAL Estimated Project Cost A& E - Architectural and Engineering ; DCA - Department of Community Affairs ; FY - Fiscal Year L . During design and construction phases of the EOC project , the Recipient shall track and provide construction cost data as detailed in Table SW-2 , " Cost Data for County Emergency Operations Center. " 20 Table SSW-2 . Cost Data for County Emergency Operations Center NO . System/Component Description Estimated A. SUBSTRUCTURE Cost 1010 Foundation 1020 Slab-on-Grade 2010 Excavation 2020 Basement Walls B . SHELL ENVELOPE B10 Superstructure 1010 Floor Construction 1020 Roof Construction 1030 Structural Frame 1040 Load - Bearin Wall B20 Exterior Enclosure 2010 Exterior Walls 2011 Veneer/Claddin 2012 Louvers 2020 Exterior Windows 2030 Exterior Doors 630 Roofin 3010 Roof Coverin s 3020 Roof Openings 3021 Soffits C . INTERIORS 1010 Partitions 1020 Interior Doors 1030 Fittings 2010 Stair Construction 3010 Wall Finishes 3020 Floor Finishes 3030 Ceilin Finishes D . SERVICES D10 Conve in 1010 Elevators & Lifts 1020 Escalators & Walks D20 Plumbing 2010 Plumbing Fixtures 2020 Domestic Water Distribution 2021 Back- up Potable Water System 2040 Rainwater Drainage D30 HVAC 3010 Energy Supply 3020 Heating System 3030 Cooling System 3050 Terminal & Package Units 3090 Other HVAC S s . D40 Fire Protection 4010 S rinkler Sys . 4020 Stand 21 4030 Other Sys . D50 Electrical 5010 Elec . Service & Distribution 5020 Lighting & Branch Wiring 5030 Communications & Security 5090 Other Elec. Sys . 5091 Generator Sys . 5092 UPS Sys . E . EQUIPMENT & FURNISHINGS 1010 Commercial Equip . 1020 Institutional Equip . 1030 Vehicular Equip . 1090 Other Equip . 1091 A/V Equip . 1092 Special Telecom 1093 Information Tech . 1094 Geo . Info . Sys . F . SPECIAL CONSTRUCTION 1020 Integrated Const. 1040 Special Facilities 1041 Generator Enclos . 1042 Comm . Tower 1043 Heli ad G . BUILDING SITEWORK 1030 Earthwork 2010 Roadway & Parkin 2090 Other Sitework 2091 Security Measures 11 , PRODUCT ITEMS A. Recipient shall prepare an initial timeline with key milestone activities/tasks , including dates of initiation and completion of each activity. Recipient shall also prepare an initial cost-share allocation table that illustrates the funding source( s) , including state funds appropriated under Fiscal Year 2005 Specific Appropriation 1508A. Table SW- 1 in Scope of Work item IX may be used to meet this product item . B . The Recipient shall provide one ( 1 ) copy each of site survey , site master plan , spatial needs assessment, and schematic design plan or preliminary design drawings for review by the Department. The spatial needs assessment and schematic design plan/ preliminary design may be consolidated into one document. C . The Recipient shall provide one ( 1 ) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the EOC and essential ancillary structures for review by the Department. The construction drawings shall include site survey information , landscaping , civil , architectural , structural , mechanical , plumbing , electrical and telecommunications/information technology drawings . D . The Recipient shall provide one ( 1 ) bid -ready set of construction drawings and specifications for the EOC and essential ancillary structures . The construction drawings shall include site survey information , landscaping , civil , architectural , structural , mechanical , plumbing , electrical and 22 telecommunications/information technology drawings and shall be certified by the applicable registered or licensed design professional (s) of record . E . The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496 , and the wind load , windborne debris impact, flood and security design requirements set forth in Scope of Work items I . 0 through I . J . Failure to supply the required documentation , or disapproval of this documentation by the Department, shall result in denial of funds . F . The Recipient shall provide final project cost data as required in Scope of Work item I . L . G . The Recipient shall provide the Department with copies of pertinent construction permits , and the certificate of occupancy upon completion of construction project. III . SCHEDULE OF WORK A. By December 31 , 2005 , the Recipient shall provide the Department with Product Item A for review and approval . Failure to supply the required documentation , or disapproval of this documentation by the Department, shall result in denial of funds . B . By March 31 , 2006 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline , and submit an invoice for reimbursement for work accomplished in accordance with the Department approved cost reimbursement allocation table referenced in Product Item A . C . By August 30 , 2008 , the Recipient shall provide final project cost data as set forth in Table SW-2 , certificate of occupancy , close-out documentation and final payment invoice . 23 Attachment B Program Statutes and Regulations 1 . Sections 215 . 555 (7) ( c) and 215 . 559 , Florida Statutes 2 . Chapter 252 , Florida Statutes 3 . Chapter 287 , Florida Statutes 4 . Chapter 119 , Florida Statutes 5 . Chapter 60A- 1 , Florida Administrative Code 6 . Chapter 9G- 19 , Florida Administrative Code 24 Attachment C Warranties and Representations Financial Management Recipient' s financial management system shall provide for the following : ( 1 ) Accurate , current and complete disclosure of the financial results of this project or program (2 ) Records that identify adequately the source and application of funds for all activities . These records shall contain information pertaining to grant awards , authorizations , obligations , unobligated balances , assets , outlays , income and interest . ( 3 ) Effective control over and accountability for all funds , property and other assets . Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes . (4 ) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate , financial information should be related to performance and unit cost data . ( 5 ) Written procedures for determining the reasonableness , allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6 ) Accounting records , including cost accounting records that are supported by source documentation . Competition . All procurement transactions shall be conducted in a manner to provide , to the maximum extent practical , open and free competition . The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade . In order to ensure objective contractor performance and eliminate unfair competitive advantage , contractors that develop or draft specifications , requirements , statements of work , invitations for bids and/or requests for proposals shall be excluded from competing for such procurements . Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price , quality and other factors considered . Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient . Any and all bids or offers may be rejected when it is in the Recipient' s interest to do so . Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts . No employee , officer, or agent shall participate in the selection , award , or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved . Such a conflict would arise when the employee , officer, or agent, any member of his or her immediate family , his or her partner, or an organization which employs or is about to employ any of the parties indicated herein , has a financial or other interest in the firm selected for an award . The officers , employees , and agents of the Recipient shall neither solicit nor accept gratuities , favors , or anything of monetary value from contractors , or parties to subcontracts . The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers , employees , or agents of the recipient . 25 Business Hours The Recipient shall have its offices open for business , with the entrance door open to the public , and at least one employee on site , from at least 9 : 00 am to 5 : 00 pm , Monday through Friday . Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 26 Reports Attachment D-1 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 Quarterly Progress Report For QuarterNear Ending Date County Agreement # Recipient Note : Quarterly progress reporting comments should be thorough and include , but not be limited to , a discussion of significant events or milestones ( both success and problems) , circumstances affecting completion dates , and any special issues that should be reported on . Provide documentation below and include attachments as appropriate to justify request for reimbursement of funds expended during reporting uarter. Category/Item to be Provided Date or Quarter Status if Completed if not completed 1 . Copy of the accepted vendor bid ( s ) . 2 . Revised timeline and budget. 3 . One ( 1 ) copy each of site survey , site master plan , spatial needs assessment, and schematic design plan or preliminary design drawings for review by the Department. The spatial needs assessment and schematic design plan/ preliminary design may be consolidated into one document 4 . One ( 1 ) set of substantially complete (approximately 70 percent) construction drawings and specifications for the EOC and essential ancillary structures for review by the Department. The construction drawings shall include site survey information , landscaping , civil , architectural , structural , mechanical , plumbing , electrical and telecommunications/information technology drawings . 27 Category/Item to be Provided Date or Quarter Status if Completed if not completed 5 . One ( 1 ) set of construction drawings and specifications for the EOC and essential ancillary structures . The construction drawings shall include site survey information , landscaping , civil , architectural , structural , mechanical , plumbing , electrical and telecommunications/information technology drawings and shall be certified by the applicable registered or licensed design professional (s) of record . 6 . The construction drawings demonstrate that the EOC meets the hurricane hazard safety criteria of ARC 4496 , and the wind load , windborne debris impact , flood and security design requirements set forth in Scope of Work items LC through I . J . 7 . Final project cost estimate data as required in Scope of Work item I . L. 8 . Copies of final vendor( s) invoices and payments made to vendor(s ) for eligible reimbursement costs and the final Financial Report/Reimbursement Request. 9 , Final/Close-Out Report as well as the financial history of the Agreement . 10 . Copy of the Certificate of Occupancy/Completion provided by the local building inspector. Provide other documentation below as appropriate to justify request for reimbursement of funds expended during reporting quarter, 11 . 12 . [Attach additional sheet( s ) if necessary] 28 I ell e 1 11 ell s 'v"°z r y,i a s r xy - n ,x. '� ' x e '�s x Er r M ^c, , w t x *: ' -a 5 r e" �� rw - x n : wxed� � xs x , �� - q x * .^ x aax - .'. 0 y r - s s 1 1 r i a r . s� ( u ae k .� ,� ` r ro... ��R� a4MM a £ i s r 'ate''## - 'r ek' ai m e qV , s xt � s xa{� .g;y d a * h ? �c . x '�e� ell �� s r ��"'° r�' _Ile c Ffa �VW xG k'I ell I ell 6ee F � � 61W 11 � t is 8@� � s �p9 le I � 2 9Y5' 3 � I ell �S Y rrr .666ler er 11rrIle1 Grantee Payment date Address Payment # Phone # Agreement # 7Agreement Amount COSTS INCURRED DURING THE PERIOD OF : / / through 1 . Salary and Benefits $ 2 . Other Personal/Contractual Services $ 3 , Administrative Expenses $ 4 . Expenses $ 5 . Operating Capital Outlay ( OCO ) $ 6 . Fixed Capital Outlay ( FCO ) $ 7 . Total Expenditures $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Contract Manager or Financial Officer I leeVI, 6% 66 ell Ile 6 611, 11. 61 all 6 11 ell, TO BE COMPLETED BY DEM STAFF ONLY AGREEMENT AMOUNT TOTAL AMOUNT TO BE PAID PREVIOUS PAYMENT( S ) ON THIS INVOICE THIS PAYMENT REMAINING BALANCE lull 29 Y A O' n c! � r LL yyam�: 14 CD w LN CLU x , LU ,= A fti s\ii : p,3fi+\ LU Nx � V' Q ai w Q on lLl , Q 2 .0 W � ell tl �aF� "'�+Y Y S •� ( •t �� tg W � �� w ox 1— w- O U' M. g >e' v�� S 3,v� � Ve@ ` LL ,,,�y x � ��i ' � .`� • � I�f� '• �'�11 ' $syn LL.' sC u i Z d �t z , W - riic a 1W LU 9L Q o CL U) Q o ui W Z_ W LJ,1 LUo C. Z u�i z > t9 ° i Attachment D4 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 Final/Closeout Report Date Report Submitted : Report Due Date : Grantee : Agreement Amount.- Agreement mount:Agreement #: Agreement Period : Funds Received ( Corresponds with Re • - Invoices (q) ( B) FINANCIAL STATUS Date/ Grantee's Amount Invoice # 2 Agreement Amount 3 Less Total Funds Received Under 4 This Agreement ( column B , line 7 ) 5 Balance of Agreement ( Funds 6 Unused by Grantee/Funds to be L7 Total Deobligated ) + I hereby certify that the costs are true and valid costs incurred in accordance with the project Agreement and were utilized toward the project in this Agreement. The above Balance of Agreement, if applicable , will not be used by the Grantee for this project Agreement and can be deobligated from this project Agreement by the Department. Signature of Grantee Contract Manager or Financial Officer Date 31 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT : Indicate by checking one of the boxes below, if you are requesting an advance . If an advance payment is requested , budget data on which the request is based must be submitted . Any advance payment under this Agreement is subject to s . 216 . 181 ( 16 ) (a ) ( b) , Florida Statutes . The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months . [ ] NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED No advance payment is requested. Payment Advance payment of $ is requested. Balance of will be solely on a reimbursement basis . No payments will be made on a reimbursement basis . These funds are additional information is required . needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance . ADVANCE REQUEST WORKSHEET If you are requesting an advance , complete the following worksheet (A) ( B ) ( C ) (D ) DESCRIPTION FFY 2002 FFY 2003 FFY 2004 Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES ' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS ( Divide line 2 by line 1 . ) First three months expenditures need only be provided for the years in which you requested an advance . If you do not have this information , call your consultant and they will assist you . MAXIMUM ADVANCE ALLOWED CALULATION : X $ _ Cell D3 DCA Award MAXIMUM ( Do not include any match ) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA contract history . Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above . Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed . 32 ESTIMATED EXPENSES BUDGET CATEGORY 2005=2006 Anticipated Expenditures for First Three Months of ADMINISTRATIVE COSTS Contract ( Include Secondary Administration . ) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances 32