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Backup Documents 09/22/2015 Item #16A12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 2 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAL' H ,1 j. Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routin&lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County -'\s Commissioners 7 / c(,\z9 5. Minutes and Records Clerk of Court's Office zgIrc :LNOVI 1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff1-Pat Pochopin Phone Number 8721 Contact/ Department Administrative Services Agenda Date Item was September 22,2015 Agenda Item Number Approved by the BCC 16Al2 Type of Document Number of Original Attached Federal Funded Public Assistance Funding Documents Attached PO number or account number if document is n/d,� to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? PP 2. Does the document need to be sent to another agency for additional signatures? If yes, V4' "'d" . _ provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. - � � 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed PP by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the pp document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's J',1' signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip pp should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on Sept 22,2015_(enter date)and all pp t � changes made during the meeting have been incorporated in the attached document. -, „ .,"O ., 1 The County Attorney's Office has reviewed the changes,if applicable. 1line. 9. Initials of attorney verifying that the attached document is the version approved by the 1 /k, ,tit BCC, all changes directed by the BCC have been made,and the document is ready for the ., . , Chairman's signature. qi . � n e I:Forms/CouomsI3C FormUiginal uments Routing SlipWWS Original 9.03.04,Revised vised2.24.05; Revised 11/30/12 16A1? MEMORANDUM Date: October 5, 2015 To: Pat Pochopin, Administrative Assistant Administrative Services Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Federally Funded Agreement (FEMA- 4084 -DR) between Collier County and the Florida Division of Emergency Management to reimburse the County for damages resulting from Tropical Storm Isaac Attached, please find a copy of the document referenced above (Item #16Al2), approved by the Board of County Commissioners on September 22, 2015. After further processing by the Florida Division of Emergency Management, please forward a copy of the fully executed agreement to the Minutes and Records Department, where it will be held in the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. 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Brock - &rk of CFircuit Court NAPLES, FL 34112 -5324 Clerk of Courts • Comptroller • Auditor ust ian of County Funds October 5, 2015 Evan Rosenberg, Interim Bureau Chief Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Mr. Rosenberg, 16Al2 P.O. BOX 413044 NAPLES, FL 34101 -3044 Attached for further processing is an original Federally Funded Public Assistance Agreement between Florida Department of Emergency Management and Collier County (FEMA- 4084- DR -FL) to reimburse the County (Subgrantee) for damages incurred as a result of Tropical Storm Isaac. (Contract Number 13- IS- 3S- 09 -21 -02 -571) Respectfully Submitted, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachment Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerk g collierclerk.com 16Al2 INSTRUCTIONS TO EXECUTE FEDERALLY FUNDED PUBLIC ASSISTANCE FUNDING AGREEMENT BY THE APPLICANT Welcome to FloridaPA.org, the state of Florida's online system for application and management of FEMA's Public Assistance grant awarded to the state by the President of the United States. FEMA's Public Assistance program is a federal grant to aid state and local governments in returning a disaster area to pre - disaster conditions. A minimum of 75% of eligible costs is provided to primarily address the repair and restoration of public facilities, infrastructure, or services which have been damaged or destroyed. Eligible applicants include local and state governments, Tribal Nations as well as certain private non- profit organizations. In order to be eligible for federal funds, a potential applicant must submit a Request for Public Assistance. 1. REQUEST FOR PUBLIC ASSISTANCE a. If you are eligible to receive public assistance under a presidential disaster declaration, the State and FEMA will conduct an Applicants' Briefing for potential Public Assistance applicants. The briefing occurs after an emergency or major disaster has been declared and addresses the application procedures, administrative requirements, funding, and program eligibility criteria. b. The State is responsible for notifying potential applicants on the date, time, and location of the briefing. c. Request for Public Assistance ( "RPA "). The RPA is an applicant's official notification to FEMA of the intent to apply for Public Assistance. Typically, the RPA form is submitted at the Applicants' Briefing. If an applicant is unable to submit the RPA at the briefing, the applicant must submit the RPA form within 30 days of the date of the designation area (county) for Public Assistance. Federal and state personnel will review each RPA to ensure applicant eligibility. 2. GRANT PROCESSING a. FEMA and the State share the responsibility for making Public Assistance funds available to the applicant. Funds that FEMA obligates to the State via electronic transfer, reside in the Federal account until the State is ready to award grants to the appropriate applicants. b. Request for Assistance ( "RPA"') FloridaPA.org is an electronic system to process applications for Federal `unds under FEMA's Public Assistance Program. To become eligible for public assistance, the applicant is required to submit a "Request for Public Assistance ( "RPA ")" through FloridaPA.org. An applicant can submit an RPA as either a (1) new user; or (2) existing user. The Grantee will post on FloridaPa.org those cisasters open for RPA submission. PA Funding Agreement Instructions FEMA - 4084 -DR 16Al2 c. Execution of the Agreement. Once an RPA is approved, the applicant and the Florida Division of Emergency Management ( "Grantee ") will enter into an Agreement. In order to demonstrate to the Grantee that the agent for the applicant is authorized to accept the term and conditions, the agent may be required to download a copy of their delegation of authority for review by the Division. d. Corporation. If the applicant is a corporation, the chair of the board of directors or president or someone other than the chair or president may execute this Agreement. The corporation must attach a PDF copy of the delegation of authority for anyone other the chair or president to execute this Agreement. e. City. If the applicant is a city, the mayor will be required to execute this Agreement unless the mayor has delegated the authority to an alternate person. If the Agreement is signed by someone other than the mayor, there shall be attached to the Agreement a duly authenticated delegation of authority evidencing the signer's authority to sign the Agreement for and on behalf of the city. le f. County. If the applicant is a county, the chair of the board of county commissioners will be required to execute this Agreement unless the board has delegated the authority to an alternate person (e.g. mayor). If the Agreement is signed by someone other than the chair, there shall be attached to the Agreement a duly authenticated delegation of authority evidencing the signer's authority to sign the Agreement for and on behalf of the county. g. School Board. If the applicant is a school board, the superintendent will be required to execute this Agreement unless the superintendent has delegated the authority to an alternate person. If the Agreement is signed by someone other than the superintendent, there shall be attached to the Agreement a duly authenticated delegation of authority evidencing the signer's authority to sign the Agreement for and on behalf of the school board. h. dire District. If the applicant is a fire district, the fire chief will be required to execute this Agreement unless the fire chief has delegated the authority to an alternate person. If the Agreement is signed by someone other than the fire chief, there shall be attached to the Agreement a duly authenticated delegation of authority evidencing the signer's authority to sign the Agreement for and on behalf of the fire district. i. Special Districts. If the applicant is a special district, the executive director will be required to execute this Agreement unless the executive director has delegated the authority to an alternate person. If the Agreement is signed by someone other than the executive director, there shall be attached to the Agreement a duly authenticated delegation of authority evidencing the signer's authority to sign the Agreement for and on behalf of the special district. j. Institution of Higher Education. If the applicant is an institution of higher education, the president of the college or university will be required to execute this Agreement unless the president has delegated the authority to an alternate person. If the Agreement is signed by someone other than the president, there shall be attached to the Agreement a duly authenticated delegation of authority evidencing the signer's authority to sign he Agreement for and on behalf of the institution. k Charter School. If the applicant is a charter school, the chairperson of the board of director will be required to execute this Agreement unless the chairperson of the PA Funding Agreement Instructions FEMA- 4084 -DR 2 1 6 A 1 2 board of directors has delegated the authority to an alternate person. If the Agreement is signed by someone other than the chairperson of the board of directors, there shall be attached to the Agreement a duly authenticated delegation of authority evidencing the signer's authority to sign the Agreement for and on behalf of the school. I. County Sheriff's Office. If the applicant is a sheriff's office, the sheriff will be required to execute this Agreement unless the sheriff has delegated the authority to an alternate person. If the Agreement is signed by someone other than the sheriff, there shall be attached to the Agreement a duly authenticated delegation of authority evidencing the signer's authority to sign the Agreement for and on behalf of the office. m. Copies of the Agreement. Copies of the Agreement may be obtained through FloridaPA.org by anyone authorized by the applicant/subgrantee to access the system or through the Grantee. 3. TIMELINE FOR PERFORMANCE OF WORK a. Completion Dates. In accordance with section 206.204 of 44 CFR, the Subgrantee shall complete any small and large project no later than 18 months from the time a major disaster or emergency is declared by the President (the Subgrantee has 6 months to complete projects related to debris removal and emergency work). Based on extenuating circumstances or unusual project requirements beyond the control of the Subgrantee, the Grantee may extend the completion deadline for an additional 6 months for debris removal and emergency work and 30 months for permanent restoration work. b. Closeout. The Public Assistance Program is considered programmatically closed when FEMA assures that all of the grants awarded under the Agreement for a disaster meet the statutory and regulatory requirements that govern the program. To achieve programmatic closure, the Grantee ensures that all funds have been obligated and the work completed in accordance with the Agreement. In addition, FEMA must resolve any appeals before programmatic closure is complete. Financial reconciliation of the grant, or grant closure, occurs later, when FEMA and the Grantee (state) reach agreement that all applicable administrative actions related to the Public Assistance Program are complete and all program funds related to the disaster have been reconciled. 4. THE CONTRACT SUM AND TERMS OF PAYMENT a. The Agreement Sum. The Grantee shall reimburse expenses, subject to the scope of work identified in the Project Worksheet for "small" or "large" projects, which shall constitute the Agreement Sum. PA Funding Agreement Instructions FEMA-4084-DR 3 ibAl2 b. Funding for Small Projects. Small project funding is based on estimated costs, if actual costs are not yet available. Payment is made on the basis of the initial approved amount, whether estimated or actual. Revisions to the initial Project Worksheet may be required if there are omissions or changes in scope; revisions to the Project Worksheets may result in changes in funding level and /or category. Payment methods are fully described in FEMA's Public Assistance Guide (June 2007). c. Funding for Large Projects. Large project funding is based on documented actual costs. Most large projects, however, are initially approved based on estimated costs. Funds are generally made available to the applicant on a progress payment basis as work is completed. When all work associated with the project is complete, the state performs a reconciliation of actual costs and transmits the information to FFMA for consideration for final funding adjustments. d. Project Worksheet. The Project Worksheet is the primary form used to document the location, damage description and dimensions, scope of work. and cost estimates for each project (small or large). It is the basis for the grant. e. Once the work is completed, the Grantee and Subgrantee will conduct a final inspection and reconcile whether or not the Subgrantee is owed additional monies or must submit repayment to the State for overpayment under the Agreement. 5. NOTICES a. All notices by the Subgrantee shall be given by to the Grantee's representative identified in Paragraph (26) of the Agreement. b. All notices by the Grantee to the Subgrantee shall be given to the Subgrantee's representative identified in FloridaPA.org. 6. GRANTEE'S WEB -BASED PROJECT MANAGEMENT SYSTEM ( "FloridaPA ") The Subgrantee shall use the Grantee's web -based project management system (FloridaPA.org) to access and exchange project info ►►nation with the State throughout the project's life. This includes processing advances, reimbursement request, quarterly reports, final inspection schedules, change requests, time extension and other services as identified in this Agreement. Training on this system will be supplied by the Grantee and the Subgrantee is required to have working knowledge of the system. 7. EXECUTING THIS FUNDING AGREEMENT In what may be a change from how the Funding Agreement form has been executed in previous disasters, please take the following steps to ensure that your Funding Agreement paperwork is processed as quickly as possible: a. Download the Agreement and these instructions from the "Funding Agreement" section of your applicant surnmary page for disaster DR -4084 within www. Florida PA. org, PA Funding Agreement Instructions FEMA- 4084 -DR 16Al2 b. Fill out all user- defined fields, save the Agreement to your local computer and then print a copy of the Agreement with all attachments (print two copies if you would like to receive an executed copy with original signatures back from the Division); c. Please have the official with signature authority sign the Agreement on page 15, under the subsection "For the Subgrantee;" d. Scan a pdf copy of the Agreement (with just the one signature on it), and upload the pdf copy into www.FloridaPA.org. This can be accomplished by selecting "View Funding Agreement" on the Event Summary page for disaster DR -4084. e. Send the original(s) of the signed Agreement by mail or other ground carrier to the following address: Funding Agreement Attn. Evan Rosenberg, Interim Bureau Chief Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100; The Division will then execute the Agreement and will upload a scanned copy of the fully executed Agreement into www. Florida PA, org. If the applicant has sent along two copies of the Funding Agreement, each with original signatures, then the Division will return one fully executed copy with original signatures to the applicant. If only one copy with original signatures is sent by the applicant to the Division, then the Division will keep the one resulting fully executed copy of the Agreement. PA Funding Agreement Instructions FEMA- 4084 -DR 5 16Al2 2 copy contract Number 13-1S-3S-09-21-02-571 Subgrantee Collier County FIPS Number 021-99021-00 Hurricane Isaac (FEMA-4084-©R-FL) Federally Funded Public Assistance Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management. wits headquarters in Tallahassee, Florida (hereafter referred to as the 'Grantee"), and Collier County thereafter referred to as the-Subgrantee'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS AND CONDITIONS: A. On October 18, 2012. President Barack H. Obama issued a major disaster declaration designated FEMA-4084-DR-FL for the State of Florica as a result of Hurricane Isaac. As amended, the declaration authorized Public Assistance in Bay. Collier, Escambia. Franklin. Gulf,Martin,Monroe,Okaloosa,Palm Beach,Saint Lucie and Santa Rosa Counties B. The FEMA-State Agreement dated October 31, 2012, between the State of Flonda and the Federal Emergency Management Agency(FEMA)governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs,as appropriated,with its Subgrantees, and "'HEREFORE,the Grantee and the Subgrantee agree to the following. (1j DEFINITIONS. As used in this Agreement,the following twins shall have the following meanings unless another meaning is specified elsewhere- A. "Eligible activities" we those activities authorized in the FEMA-State Agreement. and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Public Law 93-288. as amended. 42 U.S.0 §§ 5121-5207 (Stafford Act), in accordance with 44 C § 206.44. and applicable policies of FEMA B. "FEMA-State Agreement" is the agreement dated October 31. 2012, between the FEMA and the State of Florida. for a pr esidential emergency declaration designated FEMA- 4084-DR-FL. As amended the agreement authorized Public Assistance in Bay. Collier. Fscambia, Frankln Gulf Martin, Monme. Okaloosa Palm Reach Saast Lucie and Santa Rosa Counties. PA Funding Agreement far FEMA-40844)R 1 6 A 1 2 (2) APPLICABLE LAW. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable State and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of Title 44 of the Code of Federal Regulations(CFR) Part(s) 13 and 206.and the policies of the FEMA The Subgrantee further agrees to comply with the Statement of Assurances attached hereto as Attachment"A" (3) FUNDING AND INSURANCE. Subject to an advancement of funds by Grantee to the Subgrantee, the Grantee shall otherwise provide funds on a cost reimbursement basis to the Subgrantee for eligible activities approved by the Grantee and FEMA, as specified in the approved Subgrantee Project Worksheets.However,the Grantee's performance and obligation to pay under this Agreement is contingent upon an appropriation by the State Legislature, subject to any modification in accordani:e with Chapter 216, Florida Statutes or Florida Constitution, and disbursement shall be consistent with section 252.37, Florida Statutes. The Grantee may provide some portion of any nonfederal share for some subgrantees.As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. The federal allowable costs shall be determined as per 44 CFR Part(s) 13 and 206, which shalt be seventy-five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee. and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement.Project Worksheets may obligate or deobligate funding,thereby amending the total funding for the project.The approved Project Worksheets shalt document the total eligible costs and the total federal share of those costs, which shall be seventy-five percent of all eligible costs,unless a higher percentage is approved. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or FEMA that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, for damaged facilities and pursuant to 44 CFR § 206.253. the Subgrantee shall maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility.whichever is the lesser. (4) DUPLICATION OF BENEFITS PROHIBITION. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance,nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Without delay, Subgrantee shall advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.All such duplicate benefits are'ineligible costs' which the Subgrantee shall reimburse to the Grantee without delay. The Subgrantee shall also reimburse the Grantee if the Subgrantee receives any duplicate benefits from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee. PA Funding Agreement for FEMA-4084-DR 2 t 16Al2 1 2 B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement, the Subgrantee gives Grantee or the chief financial officer of the Florida Department of Financial Services the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and o wing to Subgrantee. or to use such remedies available at law or equity to the repayment of said sums to Grantee, (5) COMPLIANCE WITH ENVIRONMENTAL PLANNING AND PERMITTING LAWS Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee,and in accordance with applicable legal requirements. If applicable, the contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee shall be consistent with the local government comprehensive plan. Subgrantee shall ensure that any deve:luprnent o development oidei complies with all applicable planning. permitting and budding requirements. Subgrantee shall engage such competent, properly licensed engineering, building, and other technical and professional assistance at all protect sites as may be needed to ensure that the project complies with the contract documents, (6) REQUIRED DOCUMENTATION REVIEWS AND INSPECTIONS. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a f ormal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation. Grantee may terminate further funding under this Agreement and Subgran_ee shall reimburse to Grantee aft payments disbursed earlier to Subgrantee,together with any and all accrued interest A. For all projects,Subgrantee shall state on the"Project Completion and Certification Report"that all work was performed in accordance with this Agreement and t he requirements in each Project Worksheet,and shall state the date of completion. B. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets Costs not within the approved scope of work shall not be reimbursed. C. Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for this declaration is$66,400.00),which can be found at www.FtondaPA orq 1. a request for reimbursement; 2, a summary of documentation. which shall be supported by original documents such as contract documents.invoices,purchase orders,and change orders: 3. a request for final inspection; 4. a signed Project Completion and Certification Report upon the completion of all projects; and 5. a Project Completion and Certification Report specified by subparagraph (6)A. of this Agreement. PA Funding Agreement for FEMA-4084-DR 3 16Al2 (7, COST SHARING. The federal share of the eligible costs specified the Project Worksheets under the Agreement shall be severity true (75) percent of such costs unless a higher percentage is approvec, and the nonfederal share shall be the remelting amount, Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apporl onment of the nonfederal share.Administrative costs in addition to the Project Worksheets that are otiierw se eligible under 44 CFR Part 206.228 and do not require matching funds may also be funded by FEMA (8) PAYMENT OF COSTS. Grantee shall disburse the eligible costs to Subgrantee accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for 'Small Projects' to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the FEMA of its approval of the pertinent Small Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects' as soon as practicable after execution of this Agreement and formal notification by the FEMA of its approval of the pertinent Large Project Worksheet. The Invoice from the Subgrantee requesting this reimbursement must include: 1 a Request for Reimbursement available at wwiK.Flo-idaPA.orq: 2. a Summary of Documentation which shall be supported by original documents such as contract documents,invoices,purchase orders,change orders.canceled checks(or other proof of expenditure),etc .which is also available at www.FloridaPA org,and 3. a letter or notification certifying that the reported costs were incurred in the performance of eligible work. C Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions' I. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors. contractors, and subcontractors without unnecessary delay 2. Subgrantee shall submit to Grantee the budget supporting the request, 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds,which also specifies the amount of funds requested and certifies that the advanced funds will be expended within 90 days of the advance: 4. Subgrantee shalt pay over to Grantee any interest earned on advances for remittance to the FEMA as often as practicable,but not later than ten(101 business days after the close of each calendar quarter. D. Grantee may,in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the FEMA that a previous disbursement of funds under this Agreement was unproper_ PA Funding Agreement for FEMA-4084-DR 1 6 A 2 E. Any advance payment under this Agreement is subject to Section 216.181(18),Fta,Stat.,and is contingent upon the Recipient`s acceptance of the rights of the Division under Paragraph(24) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient win the first three(3)months of the contract term. For a federally funded contract any advance payment is also subject to federal OMB Cin ulars A-87,A 1 0.A- 122 and the Cash Management Improvement Act of 1990. All advances are required to be held in an interest-bearing account ff an advance payment is requested,the budget data on which the request is based and a psbfication 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. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. F As project costs are incurred,invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that'all disbursements made in accordance with conditions of the Division agreement and payment Is due and has not been previously requested for these amounts.` The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty(60)days after the expiration date of the agreement An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 20 of this Agreement. G. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting,the State Chief Financial Officer or under Paragraph(3)or(7)of this Agreement,all obligations on the part of the Division to make any further payment of funds shall terminate.and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (9) FINAL PAYMENT, Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions. A. Subgrantee shall have completed the project to the satisfaction of the Grantee B. Subgrantee shall have suomitted the documentation specified in Paragraphs(6)and(8)of this Agreement; C. in the case of Large Projects,the Grantee shall have performed the final inspection,or 0. in the case of Small Projects, the project listing and certification shall have been reviewed by Grantee,or Grantee shall have performed a final inspection: and E. Subgrantee shall have requested final reimbursement. (10)RECORDS MAINTENANCE. The hireling of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to sc:ch other and further requirements as may be imposed by operation of law PA Fur c lin g Agreement for FEMA-4084-0R 5 (47, 1 6 A 1 2 !o. The 'Uniform Administrative Requirements for Grants and C ooperative Aareements to Stale and Local Govemments,'as codified in 44 CFR Part 13, as amended. 8. {Mice of Management and Budget Gircuiar (OMB) No. A-87, 'Cost Princples for State and Local Governments,"as amended. C. OMB Circular A-110."Uniform Administrative Requirerneres for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,' as amended. D. OMB Circular A-122,"Cost Principles for Non-Profit Organizations,'as amended. E. OMB Circular A•133, "Audits of States. Local Governments and fat-Profit Organizations.'as amended. F. Subgrantee shall retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs. in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five years from the date of the final inspection and audit. The Subgrantee shall allow the Grantee or its designee, the comptroller general of the United States, FEMA, the chief financial officer or the auditor general of the State, access to records upon request.The five year period may be extended for the following exceptions. 1. If any litigation, claim or audit is started before the five year period expires, and extend beyond the live year period,the records shall be retained 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 55,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. G. The Subgrantee.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 Grantee, its employees, and agents (including auditors retained by the Grantee). "Reasonable" shall ordinarily mean during normal business hours of 8 00 a.m. to 5'00 p.m.. local time,on Monday through Friday. (t 1)REIMBURSEMEhJT QF FUNDS. If upon final inspection,final audit,or other review by Grantee,FEMA or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs. Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-eve (45)days from the date Subgrantee is notified of such determinatior. (12)REPAYMENT BY SUBGRAN"EE, Alt refunds or repayments due to the Grantee under this Agreement are to be made payable to the order of Division of Emergency Management, Cashier"and mailed directly to the following address Cashier, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. In accordance with section 215.34(2),Florida Statutes.if a check or other draft is returned to the Grantee for colection. Recipient shall pay the Grantee a service fee of 315.00 or 5't'o of the face amount of the returned check or draft.whichever is greater. PA Funding Agreement for FEMA-4084-DR 6 (.77) 16Al2 (13)AUDIT. A. The Subgrantee agrees to maintain financial procedures and s uppon documents. on accordance with generally accepted accounting principles to account for the receipt and expenditure of funds under this Agreement. B. These records shall be evadable at all reasonable times for inspection, review, or audit by Slate personnel and other personnel duly authorized by the Grantee. '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 Subgrantee shall also provide the Grantee or its designee with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. D. If a Subgrantee is a Stale or local government or a non-profits organization as defined in OMB Circular A-133, as revised, and if the Subgrantee expends $500.000 or more, then the subgrantee shall have a single or program specific audit conducted which meets the requirements of the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, OMB Circular A-133 • Part .200 for the purposes of auditing and monitoring the funds awarded under this Agreement. In connection with the aforementioned audit requirement, the Subgrantee shall fulfill for auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. 1, If an annual financial audit report is required,it shall include all management letters and the contractor'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. The complete financial audit report,including all items specified in 1 and 2 above shall be sent directly to. Office of the Inspector General, 2566 Shumard Oak Boulevard, Tallahassee,Florida 32399-2100. An electronic copy shall also be submitted(via email) to:DEMSingle Audrt em.mytionda.com. E. If a Subgrantee spends less than $500,000 in federal awards in its fiscal year. an au dit conducted in accordance with the provision of OMB Circular A-133,as revised,is not required. In the event the contractor expends less than 3500,000 in federal awards in its fiscal year and chooses to have an audit conducted in accordance with OMB Circular A-133 Part .200, as revised,the cost of the audit must be paid from non-federal funds. F In the event an audit shows that the entire funds disbursed hereunder, or any portion thereof were not spent in accordance with the conditions of this Agreement, the Subgrantee shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty(30)days after the Grantee has ( notified the contractor of such non-compliance, { G. It audit is conducted as required by subparagraph O.above,the Subgrantee shall send a copy of the reporting package as described Part.320(c)of OMB Circular A-133, as revised.to the Grantee at eara of the following addresses. Office of the Inspector General Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee.Florida 32399-2100 PA Funding Agreement for FEMA-4084-DR 7 _ _ 16A1 ? As required by 0i148 Circular A-133 Part .320 (d), ata audrtees sna$l subrrvt the daa .'r!'6ectror form and on e copy of lie reporting package to the Federal Audit Clearinghouse at the following address' Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10`" Street,Jeffersonville,IN 47132. H. Pursuant to Part.320(e) of OMB Circular A-133,auditees that are suorecipients shag submit to each pass-through entity one copy of the reporting package describe in Part.320(c) L Any reports management letter, or other information required to be submitted to the Grantee pursuant to this Agreement shall be submitted timely in accordance with 0MB Circular A-133, sections) 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Florida Statutes,and Rules of the Auditor General,as applicable. J. Subgrantee, when submitting financial reporting packages to the Grantee for audits done in accordance with OMB Circular A-133 or section(s) 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Florida Statutes, or Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. K. 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 his Agreement, the contractor shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty(30)days after the Grantee has notified the Grantee of such non-compliance. i A Subgrantee shell have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountan: or a public accountant licensed under Chapter 473,Florida Statutes. If the Subgrantee is a State agency. an audit conducted by the Florida Auditor General in accordance with the provisions of OMB Circular A-133, as revised. will meet the requirements of this paragraph. The IPA shall state that the audit complied with the applicable provisions noted above. If an audit is required, the audit must be submitted to the Grantee no later than nine(9)months from the end of the Subgrantee's fiscal year. (14)NONCOMPLIANCE. It the Subgrantee violates this Agreement or any statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If tie violation is not cured. Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Paragraph 24 of this Agreement. (15)NONDISCRIMINATION BY CONTRACTORS. Pursuant to 44 CFR Parts 7 and 16, and 44 CFR Part 206.36, the Subgrantee shall undeitake an active program of nation in its administration of disaster assistance under this Agreement. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred. Suspended and Ineligible Contractors,in accordance with 44 CFR Part 17. PA Funding Agreement for FEMA-4084-DR 8 16Al2 (16)MODlFIGATION. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole drscrefion of FEMA_ Any approved modM cation to a Project Worksheet shall be n,fed in an additional Project Worksheet version for the protect and in any amendment to true Agreement If otherwise allowed under this Agreement any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. (17)'iME FOR PERFORMANCE, The time for the performance of eligible emergency work shall be six(6) months from the date of the presidential emergency declaration, unless extended by the Grantee or FEMA. The time for the performance of eligible permanent work shall be eighteen (18) months from the date of the presidential emergency declaration, unless extended by the Grantee or FEMA. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost-share funding. If any extension request is denied by the Grantee or not sought by the Subgrantee, Subgrantee shall only oe reimbursed for eligible project costs incurred up to the latest extension for completed projects.Failure to complete any project will be adequate cause for the termination of funding for that project and reimbursement of any and all project costs. (18)CONTRACTS WITH OTHgRS. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall Incorporate into its contract wtth such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. The Subgrantee shall also document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract,the Subgrantee shall provide a written statement to the Grantee as to whether the subcontractor is a minority vendor,as defined in section 288.703,Florida Statutes. (19)UABILITY. Grantee assumes no liability to third parties t connection with this Agreement. Unless the Subgrantee is a governmental entity covered under section 768.28 (5), Florida Statute, the Subgrantee shalt be solely responsible to any anc all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence. Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. For the purpose of this Agreement the Grantee and Subgrantee agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity. nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present n cuantties within statutory and regulatory bmitations, and do not require remedial action under any federal. State or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with aft apptrcabie legal requirements PA Funding Agreement for FEMA-4084-DR 9 16x12 (20)REPORTS. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Forrr, contorrn r to the sample attached as Attachment 13:and availabie on' ww.FloridaPA.org. The first Quarterly Report shall be due at such time as Subgrantee Is nutted. All subsequent Quarterly Reports snail be due no rater than fifteen(15)days alter each calendar quarter through final inspection. Quarterly Reports shalt indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work. the project costs, or any other factors that may affect compliance vrth this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection. and may be required by Grantee based on information suppled in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable, With respect to the Request for Advance or Reimbursement, the Summary of Documentation. and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. (21)MONITORING. The Subgrantee shall monitor its performance under this Agreement. as well as that of its subconUactors, Subgrantee and consultants who are paid from it:nds provided under this Agreement, to ensure that performance under this Agreement are achieved and satisfactorily performed and in compliance with applicable State and federal laws and rules. In addition to reviews of audits conducted in accordance with OMB Circular A•133, as revised and section 215.97. Florida Statutes, mon boring procedures may include, but not be limited to, on-site visits by Grantee or its agent limited scope audits as defined by OMB Circular A-133_ as revised. and/or other procedures. By entering into this Agreement, the Subgrantee agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Grantee. In the event that the Grantee determines that a limited scope audit of the Subgrantee is appropriate,the Subgrantee agrees to comply with any additional instructions provided by the Grantee to the Subgrantee regarding such audit, T he Subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. I n addition, the Grantee will monitor the performance and financial management by the Subgrantee throughout the contract term to ensure timely completion of all tasks. (22)f lANDATEE)CONDITIONS. Subgrantee agrees to the following conditions: A. Bills for fees or other compensation for services or expenses must be s ubmitted in detail sufficient for a proper pre-audit and post-audit. B. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119. Florida Statute, that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. C Subgrantee agrees that no funds or other resources reserved torn the Grantee disbursed to it under this Agreement '.4iit be used directly or rndirec-ty to influence legislation or any other official action by the Florida legislature or any Slate agency. 0 Subgrantee certifies that it possesses the legal authorrev to receive the funds under this Agreement and that it's governing body (if appkatie) has authorized the execution and acceptance of this Agreement The Subgrantee tlsc certifies that the undersigned person has the authority to legally execute and bind Subgrantee to ttie terms of this Agreement. PA Funding Agreement for FEMA-4084-DR 10 16Al2 E. Subgrantee agrees that respor b y for ccmpliance with this Agreement rests with Subgrantee.and further agrees that norcomp4ance with this Agreement shall be cause for the rescission. suspension or terminator c`i irthng under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. F. If otherwise allowed under this Agreement. all cells for any travel expenses shall be submitted in accordance with section 112.061,Florida Statute. G. The Grantee 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 t1.S,C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ('INA')J. The Grantee shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA, Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Grantee. H. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity and may not transact business with any public entity in excess of Category Two for a period of thirty-six (36)months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. If applicable, the Subgrantee agrees to comply with the Americans With Disabilities Act(Public Law 101-335, 42 U.S.C. Section 12101 et seq.), which prohibits discnmirtation by public and private entities on the basis of disability in the areas cf employment, public accommodations, transportation. State and local government services,and in telecommunications. J With respect to any subgrantee other than a State agency or political subdivision of the Stale. which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the best of its knowledge and b elief, that it and its principals: 1. are not presently debarred, suspended. proposed for debarment, declared ineligible, or voluntanly excluded horn covered transactions by a federal department or agency; 2. have not within a f we-year period preceding this Agreement had on e or more public transactions(federal, State or local)terminated for cause or default;and 3. have not within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for (a) the 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. or (b) violation of federal or Stale antitrust statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records making false statements,or receiving stolen property, Where the Subgrantee is unable to cert;fy to any of the statements in this certification, the Subgrantee shall submit to the Grantee (by email or facsenite) the completed 'Certification Regarding Debarment, Suspension, Ineligib.iity and Voluntary Exclusion' for each cruspective subcontractor which Subgrantee intends to fund under this .Agreement. ee Attachment 'C°. Such form must be received by the Grantee prig to the Subgrar.;ee entering into a contract With any prospective subcontractor. PA Funding Agreement for FEMA-4084-DR 16412 K. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Grantee 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 matenal changes shall, at the option of the Grantee and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Grantee from all its obligations to the Subgrantee. L. 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. M The Subgrantee certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief 1. No federal appropriated funds have been paid or will be paid.by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress. or an employee of a Me mber of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and t he extension, continuation, renewal. amendment or modification of any federal contract,grant,loan or cooperative agreement. 2. if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress.or an employee of a Member of Congress in connection with this federal contract,grant,loan or cooperative agreement,the undersigned shall complete and submit Standard Form-ILL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, ant contracts under grants, loans, and cooperative agreements) and that all sub grantees shall zertify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certif cation is a prerequisite tar making or entering into this transaction imposed by Section 1352. Idle 31,U.S. Code, Any person who fads to file the required certification shall be subject to a civil penalty of not less than 310,000 and not more than S100,000 for each such failure. N. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement have been produced in the United States as required 41 U.S.C. 10a,unless it would not be in the public interest or unreasonable in cost. i23t''ERM. This Agreement shall take effect upon its execution by both parties. and shall terminate upon approval of closeout by FEMA, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shalt commence projects)specified by this Agreement without delay. PA Funding Agreement for FEMA-4084-DR 12 1 16412 2 (24 OF ' F T �� ..:��, _ A. upon the occurrence of any one or more of the following events of default, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Natwittrstancfirg the preceding sentence,Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring kaabif ly for further payment Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following 1. any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect,or Subgrantee has breached any condition of this Agreement with Grantee and has not cured in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financed wieldier while Iles Agreement is in effect,as compared to its financial condition as represented in any reports or other documents submitted to Grantee,if Subgrantee has not cured the condition within thirty(30)days atter notice in wnttng from Grantee; 3. any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate,incomplete,or inadequate information;or 4, the monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the State Legislature. Florida Department of Financial Services.Congress or Office of Management and Budget. B. Upon the occurrence of any one or more of the foregoing events of default. Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance it such failure may be cured. Upon the failure of Subgrantee to cure,Grantee may exercise any one or more of the following remedies. 1. terminate this Agreement upon not less than fifteen (15)days notice of such termination by certified letter to the Subgrantee at the address specified in Attachment "0" of this Agreement,such notice to take effect when delivered to Subgrantee; 2. commence a legal action for the judicial enforcement of this Agreement; 3. withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement with Subgrantee;and 4. take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact.for failure or nonperformance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. C. Upon the rescission,suspension or termination of this Agreement,the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. E. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or cuties of the parties to it shall lie in the Circuit Court for Leon Cot.nty.State of Florida. r. Notwithstanding anything to the contrary elsewhere in this Agreement. the rescission, suspension or termination of this Agreement by Grantee shad not relieve Subgrantee of liability to Grantee foi the restitution of funds advanced to Subgrantee under this Agreement and Grantee may set oft any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event that FEMA should deobtigate funds formerly allowed under this Agreement.the Subgrantee shall Immediately repay such funds to PA Funding Agreement for FEMA-4084-DR 13 cps.. 16Al2 Grantee. Any deobitgation of funds or other determination by FEMA strati be addressed accordance with the regalations of that (25)ATTACHMENTS. A. Ad attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the :anguage of this Agreement and t he Attachments to it if any, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note:All other grant administrative and electronic forms will be provided by Grantee as n►et,esssary or posted on the Grantee's website at www.FtoridaPA,orq. (26)NOTICE AND CONTACT. All notices under this Agreement shall be in writing and shall be delivered by email,by facsimile,by hand, or by certified letter to the Grantee at the following addresses(Subgrentee shall complete and submit Attachment'D"which shall serve as the Notice and Contact for the Subgrantee) Grantee; Evan Rosenberg,Interim Bureau Chief Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee.FL 32399-2100 Email evan,ropenbergtilem,mvgonda,com (27)DESIGNATION OF AGENT, Subgrantee must complete Attachment`D'by designating two agents to execute any Request for Advance or Reimbursement,certification,or other necessary documentation on behalf of Subgrantee. PA Funding Agreement for FEMA-41084-OR I i 6 A 1 2 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT SIGNATURE PAGE Hurricane Isaac FEDERALLY FUNDED PUBLC ASSISTANCE AGREEMENT (PENA-401M-DR-FL) IN WITNESS HEREOF,the Grantee and Subgrantee have executed this Aarivment: 1 FOR THE GRANTEE* DIVISION OF EMERGENCY!‘lANALIF.N1- ' ' 77 4.....__ Governor's Authurii Repn:sentati. ... !Me FOR THE SUBCRANTEE: Tim Nance Chairman-euard of Count! Comnussioncrs Name and Title _ __ Signature 41"—jrg4-4---.— — 1 Date (All Subgranterst Federal Einplo)er Identification Number tFF.IN): 59-6000558 . . (State Agency Subgrantees Onl)I Florida Accounting Information Regiurce IFLAIRic'ode: „..,‘, Vt'rkj. • ......... ....._ .. ... ATTEST: ..,‘.:‘ 1......... ...I* CANIGift E.BitOttl&— t‘elk ...: „ By; IL. ...-= ;-..l'. :...A ..• a -.- Attest*'.„-i. • . ,!'s..., ,,- ' sispaturienk...ii: 4, ' as*ibina'and legality • ilb f 'Al i` ,.A.4 i 4 / 1 0 .......r........._ -4" 'Assistant Gay Attorney PA Funding Agreement for FEMA-4084-DR 15 (f) 16Al2 1 2 Attachment"A" Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes,regulations,policies, guidelines and requirements,including OMB Circulars No.A-21,A-110,A-122,A-128,A-87;E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,Part 66, Common rule,that govern the application,acceptance and use of Federal funds for this federally-assisted project,Additionally,to the extent the following provisions apply to this Agreement,the Subgrantee assures and certifies that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution,motion or similar action has been duly adopted or passed as an official act of the sub- grantee's governing body, authorizing the filing of the application,including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the subgrantee to act in connection with the application and to provide such additional information as may be required. 2. It will have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed. 3. It will not enter into a construction contract(s)for the project or undertake other activities until the conditions of the grant program(s)have been met. 4. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications;that it will furnish progress reports and such other information as the Federal grantor agency may need. 5.It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 6. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds,whichever is the longer. 7. (To the best of his knowledge and belief)the disaster relief work described on each Federal Emergency Management Agency(FEMA)Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations,Part 206, and applicable FEMA Handbooks. 8,The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. 9. It will(1)provide without cost to the United States and the Grantee all lands,easements and rights-of- way necessary for accomplishments of the approved work;(2)hold and save the United States and the Grantee free from damages due to the approved work or Federal funding. 16412 2 10.This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,reimbursements,advances,contracts, property, discounts of other Federal financial assistance extended after the date hereof to the subgrantee by FEMA,that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States and the Grantee shall have the right to seek judicial enforcement of this assurance.This assurance is binding on the subgrantee,its successors,transferees,and assignees,and the person or persons whose signatures appear on the reverse as authorized to sign this assurance on behalf of the subgrantee. 11. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 12.It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et.seq.) 13.It will comply with the provisions of 18 USC 594, 598,600-605(further known as the Hatch Act) which limits the political activities of employees. 14.It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business,or other ties. 15.It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 16. It will comply with the Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. 327 et seq., requiring that mechanics and laborers(including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. 17.It will comply with the Federal Fair Labor Standards Act,29 U.S.C.Section 201 et seq.,requiring that covered employees be paid at least the minimum prescribed wage,and also that they be paid one and one- half times their basic wage rates for all hours worked in excess of the prescribed work-week. 18. It will comply with the Anti-Kickback Act of 1986,41 U.S.C. Section 51 which outlaws and prescribes penalties for"kickbacks"of wages in federally financed or assisted construction activities. 19,It will give the sponsoring agency or the Comptroller General,through any authorized representative, access to and the right to examine all records,books,papers,or documents related to the grant. 20. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law,program requirements,and other administrative requirements. 21.It will ensure that the facilities under its ownership,lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 16A1 ? 22. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat.975,approved December 31, 1976,Section 102(a) requires,on and after March 2, 1975,the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance" includes any form of loan,grant,guaranty,insurance payment, rebate, subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 23. It will comply with the insurance requirements of Section 314,PL 93-288,to obtain and maintain any other insurance as may be reasonable,adequate,and necessary to protect against further loss to any property which was replaced,restored,repaired,or constructed with this assistance. 24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470),Executive Order 11593,and the Archeological and Historical Preservation Act of 1966(16 USC 569a-1 et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of Investigations,as necessary,to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 CFR Part 800.8)by the activity,and notifying the Federal grantor agency of the existence of any such properties and by(b)complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25.It will comply with all appropriate environmental laws,including but not limited to: a.)The Clean Air Act of 1955,as amended,42 U.S.C.7401-7642. b.)The Clean Water Act of 1977, as amended,42 U.S.C.7419-7626. c.)The Endangered Species Act of 1973, 16 U.S.C. 1531-1544. d.)The Intergovernmental Personnel Act of 1970,42 U.S.C.4728-4763. e.)Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969,42 U.S.C.4321-4347. f.)The Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287,related to protecting components or potential components of the national wild and scenic rivers system. g.)The Fish and Wildlife Coordination Act of 1958; 16 U.S.C.661-666. h.)Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974,42 U.S.C. 300f-300j,regarding the protection of underground water sources. i.)The provisions of the Coastal Barrier Resources Act(P.L.97-348)dated October 19, 1982(16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 26. It will comply with the following Executive Orders: EO 11514(NEPA); EO 11738(violating facilities); EO 11988(Floodplain Management);EO 11990(Wetlands);and EO 12898(Environmental Justice). 27.It will comply,and assure the compliance of all its subgrantees and contractors,with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,the Juvenile Justice and Delinquency Prevention Act,or the Victims of Crime Act,as appropriate;the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants,M7100.1; and all other applicable Federal laws,orders, circulars,or regulations. 28. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,Administrative Review Procedure;Part 20,Criminal Justice Information Systems;Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures;Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63,Floodpiain Management and Wetland Protection Procedures;and Federal laws or regulations applicable to Federal Assistance Programs. 16Al2 2 29.It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C.:4821 et seq.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures. 30. It will comply with the Energy Policy and Conservation Act(P.L.94-163;42 U.S.C.6201-6422),and the provisions of the State Energy Conservation Plan adopted pursuant thereto. 31.With respect to demolition activities,it will: a.) Create and make available documentation sufficient to demonstrate that the Subgrantee and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. b.)Return the property to its natural state as though no improvements had ever been contained thereon. c.)Furnish documentation of all qualified personnel,licenses and all equipment necessary to inspect buildings located in Subgrantee's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency,the Florida Department of Environmental Protection and the county health department. d.)Provide documentation of the inspection results for each structure to indicate:safety hazards present;health hazards present; and/or hazardous materials present. e.)Provide supervision over contractors or employees employed by Subgrantee to remove asbestos and lead from demolished or otherwise applicable structures. f.)Leave the demolished site clean, level and free of debris. g.)Notify the Grantee promptly of any unusual existing condition which hampers the contractors work. h.)Obtain all required permits. i.)Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site, and provide documentation of such closures. j.)Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). k.)Comply with all applicable standards,orders,or requirements issued under Section 112 and 306 of the Clean Air Act(42 U.S.C. 1857(h),Section 508 of the Clean Water Act(33 U.S. 1368),Executive Order 11738,and the U.S. Environmental Protection Agency regulations(40 CFR Part 15 and 61).This clause shall be added to any subcontracts. I.)Provide documentation of public notices for demolition activities. 32.It will comply, and all its contractors will comply,with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,42 USC 3789(d),or Victims of Crime Act(as appropriate);Title VI of the Civil Rights Act of 1964,as amended;Section 504 of the Rehabilitation Act of 1973,as amended;Subtitle A,Title II of the Americans with Disabilities Act(ADA)(1990);Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975;Department of Justice Non- Discrimination Regulations,28 CFR Part 42, Subparts C,D,E,and G;and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 33. It will require the facility to be designed to comply with the"American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped,"Number A117.1- 1961,as modified(41 CFR 101-17-7031).The subgrantee will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 1 6 A 1 2 34. It agrees to comply with Section 311, P.L. 93-288 and with Title VI of the Civil Rights Act of 1964(P.L, 83-352)and in accordance with Title VI of the Act, no person in the United Grantees shall,on the ground of race,color,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the subgrantee,this assurance shall obligate the subgrantee,or in the case of any transfer of such property, any transferee,for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 35.It agrees to comply with Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto,which provide that no person shall be discriminated against on the basis of race,color,religion,sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts;affirmative action to insure fair treatment in employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff/termination, rates of pay or other forms of compensation;and election for training and apprenticeship. 36. It will comply with Title IX of the Education Amendments of 1972,as amended(20 U.S.C.: 1681-1683 and 1685-1686)which prohibits discrimination on the basis of sex. 37. It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970,(42 U.S.C.4521-45-94)relating to nondiscrimination on the basis of alcohol abuse or alcoholism. 38. It will comply with 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records. 39.In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color,religion, national origin,sex,or disability against a recipient of funds,the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 40. It will provide an Equal Employment Opportunity Program if required to maintain one,where the application is for$500,000 or more. 41.DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-Free Workplace Act of 1988,and implemented at 28 CFR Part 67,Subpart F,for grantees,as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 16A1 ? ATTACHMENT"B" Pub lie Assistance Quarterly Report Available for Each Sabgrantee on wv12L.Llible&in omio* olt .64'ow• •4■••••••11.11,-••••1.,e111.-• -• 1104.Sim. •Aft.*• Aw.•r. ...I /QM•• .11•••"41.,..•••••••••4‘..1•A 4444 .SA• . . A.A. •.• r.er 4-18•E A••• lsx•••• r,..• i....joge Gorout ••G••-•• ••• ••••■•••••.•• • • 94-••r.A.• '%A ; roitce4s1,11ro 1r11‘,301%.2 44.44- oulori 4. ••• • I. • 4, ZaeseheMA, • arnro 47,AS •. •.r44.•lor .4•41dhlw Zee'e 044 * •66.10•11..•UV;Neil...we rob W.-tow...••••••■•••8 ow&c•ass.•-as • 3-.111..4 hwy. ••■•1 W 11.•■••444 • 44•06. • •. •• •• 16A1 ? Attachment"C" Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Subcontractor Coveted Transactions 1 The prospective subcontractor of the Subgrantee certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended. proposed foi debarment, declared ineligible, or voluntarily cxclud d tiom participation in this transaction by any federal department of agency 2 Where the Subgiantee's subcontractor is unable to certif.,/ to the above statement, the prospecuve subcontractor shall attach an explanation to this form SL'BCON T RAC TOR Name of Company - Sti ect Address City,State,Lip Federal bmployer Identification Numbei (TLIN) By. Signeliue Date Subgiantee's Name Grantte Agn:ernent Number __ 16A1 . Attachment"D" DESIGNATION OF SUBGRANTEE'S AGENT FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM Florida Division of Emergency Management Subgrantee Collier County Board of County Commissioners Primary Agent Secondary Agent Agent's Name Agent's Name Michael Cox Len Price Signature /� Sign: �t,°�. � - Organization/ icial Position Organization/ 'al Position Collier County BCC/Manager Technical Systems Operations Collier County BCC/Administrator-Admin Services Department Mailing Address Mailing Address 3299 Tamiami Trail E. Suite 601 3299 Tamiami Trail E. Suite 601 City,State,Zip City,State,Zip Naples,Fl 34112-5749 Naples,Fl 34112-5749 Daytime Telephone Daytime Telephone 239 252-6832 239 252-8908 Facsimile Number Facsimile Number E-mail Address E-mail Address michaelcox@colliergov.net LenPrice@colliergov.net The above Primary and Secondary Agents are hereby authorized to execute and file Application for Public Assistance on behalf of the Subgrantee for the purpose of obtaining certain Grantee and federal financial assistance under the Robert T.Stafford Disaster Relief& Emergency Assistance Act,(Public Law 93-288 as amended)or otherwise available. These agents are authorized to represent and act for the Subgrantee in all dealings with the Grantee of Florida, Grantee for all matters pertaining to such disaster assistance required by the agreements and assurances printed on page 2 hereof. Additional authorized contacts may be registered on the Grantee's PA Website (www.fioridaoa.orq)for full or read only access by the above authorized Agents. Chief Financial Officer Subwrantee's Authority/Board/Commission Name Official's Name Mark Isackson Tim Nance Signature Signature Organizati /Official Position Organization/Official osi ion Collier County BCC/Director-Corporate Finance&Mgmt Srvc Collier County Board of County Commissioners/Chairman Mailing Address Mailing Address 3299 Tamiaml Trail E. Suite 202 3299 Tamiami Trail E. Suite 303 City,State,Zip City,State,Zip Naples,Fl 34112-5749 Naples,Fl 34112-5749 Daytime Telephone Daytime Telephone 239 252-8717 239 252-8804 Facsimile Number Facsimile Number E-mail Address E-mail Address Marklsackson©coiliergov.net TimNance@coiliergov.net Subgrantee's Grantee Cognizant Agency for Single Audit purposes: Florida Division of Emergency Management Subgrantee's Fiscal Year(FY)Start Month: October Day: 1 Subgrantee's Federal Employer's Identification Number(EIN) 59 - 6000558 Subgraffittelfrp Number(If Known) ^' ;:......,..y?�+ 021 - 12021 . 00 5abgcatrtEee'Autt D$ IBoard/Commission Signature . _ sate t� A�hy� � X51 1 C ;5'1 ��/A�//�� dare ? Y 7• OMIIGH . ` Pape 9 `,���/ � ; Aarise�tCorrtyA for y �Attas as 0 >ita, ;!713ureonly, 16Aip Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance,indicate same by checking the box below. [ j ADVANCE REQUESTED Advance payment of __is requested. Balance of payments will be.made on a reimburscmc n basis. These funds are nucded to pay staff,award hen,..fita to clients, lorms and purahasL,start-up supplies and equipment. We could not be able w operate the program without This athanec. If you are requesting an advance,complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATLGORY,'LINE ITEMS 20_-20_Anticipated Expenditures for First 7 tree Months of (list applicable line items) Contract For example ADM INISTR_1T1VE COSTS (Include Secondary Administration,) For example PROGRAM EXPENSES TOT.A 1 EXPENSES LINE.ITEM.11 STlF1f ATION (For each line item,provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90)days of the contract term. Any advance funds not expended within the first ninety(90)days of the contract terns shall be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallah.+ssee,F lorida 32399, within thirty(30)days of receipt, along with any interest earned on the advance) 16Al2 From: Day.Cathy To: McAIoinGary Cc: Lowe.Brvan:Hughes.Para Subject: FW: ES-TS Isaac Reimbursement Date: Thursday,August 13,2015 3:26:00 PM Gary, Here is the response from Bryan. From: Lowe, Bryan Sent: Thursday, August 13, 2015 11:07 AM To: Day, Cathy; Hughes, Pam Subject: RE: ES - TS Isaac Reimbursement Collier County was declared by FEMA for TS lssac and Included in the Federal Disaster declaration. This authorizes reimbursement for TS Isaac's damages since they achieved their storm threshold parameters at the time of the Federal Declaration. Collier County was concerned that an "after the fact"deobligation of reimbursed non-beach related projects would occur if the storm minimum dollar thresholds were not met. FDEM has assured Collier County in the attached memorandum that there will not be after the fact deobligation for non-beach related projects, that meet FEMA requirements, due to threshold parameters related to some ineligible projects in that event. From: McAlpinGary [mailto:GaryMcAlpir acolliergov.net] Sent: Thursday, August 13, 2015 9:13 AM To: Day, Cathy; Hughes, Pam Subject: RE: ES-TS Isaac Reimbursement Cathy, We understand that you cannot guarantee that a FEMA deobligation will not take place but is it possible to be more specific? Please look at the paragraph below. If this is stated along with the declaration language that Bryan sent, it would verify the conversation/discussion that we had on the conference call and give our board more comfort. What do you think of something like Collier County is obligated by FDEM and FEMA via Federal Declaration. This authorizes reimbursement for TS Isaac's damages regardless of achieving storm threshold parameters at the time of the Federal Declaration. Collier County was concerned that an "after the fact" deobligation of reimbursed non-beach related projects would occur if the storm minimum dollar thresholds were not met. FDEM has assured Collier County in the attached memorandum that no after the fact deobligation will occur for non-beach related projects that meet FEMA requirements. Is this possible? 16Al2 Gary McAlpin TS Isaac impacted Collier County in August 2012. Collier County was obligated by the Federal Emergency Management Agency (FEMA) and the Florida Department of Emergency Management (FDEM) for reimbursement of TS Isaac's damages. Non-beach related damages incurred by the County are approximately $244,000 and have been authorized by FEMA approved Project Worksheets (PW's). FDEM will not reimburse Collier County for these expenses until a Master Funding Agreement with the State has been executed. Collier County has been reluctant to execute a Master Funding Agreement with the State until the issue of beach damages from TS Isaac is resolved. Recently, progress has been reach which will allow the execution of a Master Funding Agreement for TS Isaac and the reimbursement of authorized expenditures. In summary, Collier County was unable to meet the storm threshold dollar requirements without the obligation of beach damages. A request for$4M+for beach storm related damages has been submitted. Staff however,does not expect authorization and Additionally, FEMA approved PW 0177 on 8/3/2015 for beach damage assessment for Vanderbilt, Park Shore and Naples beaches for approximately$77,000. Actual cost for this work is$59,800 and will be included in the reimbursement request to FDEM. From: Day, Cathy [mailto:Cathy.DayOem.myflorida.com] Sent: Wednesday, August 12, 2015 2:58 PM To: McAlpinGary Cc: Hughes, Pam Subject: FW: ES- TS Isaac Reimbursement Gary, Bryan is away at the FEPA Conference and will return next week. In the meantime he has responded with the following e-mail. Is this sufficient for what you need to move forward? Pam and I are available to talk if you'd like. From: Lowe, Bryan Sent: Tuesday, August 11, 2015 12:24 PM To: Day, Cathy; Hughes, Pam; Rosenberg, Evan Subject: RE: ES - TS Isaac Reimbursement Items discussed during that meeting... Collier County was declared by FEMA for Hurricane Isaac Release date: October 18, 2012 16Al2 Release Number: HQ-12-106 WASHINGTON — The U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) today announced that federal disaster assistance has been made available to the State of Florida to supplement state and local recovery efforts in the area affected by Hurricane Isaac during the period of August 27-29, 2012. Federal funding is available to state and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work and the repair or replacement of facilities damaged by Hurricane Isaac in Bay, Collier, Escambia, Franklin, Gulf, Martin, Monroe, Okaloosa, Palm Beach, St. Lucie, and Santa Rosa counties. Federal funding is also available on a cost-sharing basis for hazard mitigation measures for all counties and tribes within the state. Gracia B. Szczech has been named as the Federal Coordinating Officer for federal recovery operations in the affected area. Szczech said additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments. This release identifies Collier County as reaching the county per-capital threshold for the county to be included in the disaster declaration for Hurricane Isaac. Collier- Population 321,520 Per-capital threshold $3.56 dollar threshold $1,144,611.20. This requires the County to submit a (RPA) Request for Public Assistance to be accepted as an applicant for this event. Once accepted the damages are then put on Project Worksheets. These PW's are reviewed for eligibility and either obligated as is or adjusted based on determinations by FEMA staff for various reasons. According to the FEMA guidance at the following link http://www.fema.gov/public-assistance-grant-application-process Until any funds can be reimbursed the applicant must execute the Funding Agreement with the State of Florida. As to the possibility of any funds being de-obligated at close out of these projects cannot be guaranteed by anyone. We will provide guidance and request FEMA to weigh in along the way to ensure this does not happen. From: McAlpinGary [mailto:GaryMcAlpinC@colliergov.net] Sent: Tuesday, August 11, 2015 10:50 AM To: StanleyTherese; Rosenberg, Evan; Hughes, Pam; Brian.LoweCa�em.myflorida.com; Day, Cathy; PattersonAmy; KearnsAllison; GreeneColleen; CoxMichael Subject: ES -TS Isaac Reimbursement Importance: High Therese and Colleen—review and edit as appropriate. Yellow highlighted areas need resolution. Evan -- Sorry we missed you at last weeks TS Isaac discussion. I do appreciate that Brian, Cathy and Pam were able to join us and help resolve this issue. Attached is a draft Executive Summary that in its final form will go the our Commission for authorization to execute a Master Funding Agreement for TS Isaac with FDEM. Before it goes on 16Al2 , the agenda,we will need to attach documentation from FDEM stating that: • Collier County is obligation by FDEM and FEMA via Federal Declaration. This authorizes reimbursement for TS Isaac's damages regardless of achieving storm threshold parameters at the time of Federal Declaration. And-- • FDEM has assured Collier County that no after the fact deobligation will occur for non-beach related projects that meet FEMA requirements. DEM would like to guarantee that each sub grantee retain the funds for which the project was obligated. However, it is beyond our control for several reasons such as but not limited to, 1. The O.I.G. performs an audit and determines that costs are not eligible. 2. The work hasn't been performed as outlined in the scope of work. 3. The sub grantee cannot provide sufficient documentation at close out. Brian Lowe indicated that he would document these agreements. They are required before I can move this item forward. Thanks, Gary McAlpin Under f;3rr1a Law e read addresses aye puo'ic records.If you do not w rnt your e mad address re 3sed in response to a public records .equest do not send electronic mad to this entity Instead conract this office by telephone or rn writing •