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Agenda 09/22/2015 Item #16A12 9/22/2015 16.A.12. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute a Master Funding Agreement with the Florida Department of Emergency Management for reimbursement of County wide damages incurred as a result of Tropical Storm Isaac. OBJECTIVE: To obtain reimbursements of County wide damages as a result of Tropical Storm (TS) Isaac. CONSIDERATIONS: 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. Related damages incurred by the County including a recently approved Beach Damage Assessment Project Worksheet are estimated at $303,301.06. All of the damages listed below 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. Beach Damage Assessment $59,800.00 Debris removal (Public Facilities) $1,386.65 Parks and Recreation(Umbrellas) $3,693.00 Administrative Services (IT support and Phone Bank) $16,102.87 Donated Resources (Shelter Volunteers) $1,245.00 Emergency Medical Services (Emergency Protective Measures) $33,451.33 Parks and Recreation (Damages to Caxambas Boat Launch) $27,734.51 Isle of Capri Fire/Rescue (Emergency Protective Measures) $1,587.76 Ochopee Fire District(Emergency Protective Measures) $2,131.05 Emergency Protective Measures (EOC/Growth Management Contract) $57,715.62 Emergency Protective Measures (Parks,Facilities Mgmt,Public Utilities) $98,453.27 TOTAL $303,301.06 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 reached which will allow the execution of a Master Funding Agreement for TS Isaac and the reimbursement of authorized expenditures. In summary, 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 Federal Declaration. 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 was concerned that the 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. Packet Page -649- 9/22/2015 16.A.12. FISCAL IMPACT: Storm related reimbursable activities secured by small PW's in the amount of$303,301.06 from County wide departments will be funded as a result of this Board action and the execution of a Master Funding Agreement. Associated costs were a combination of personnel and materials and supplies in preparation of the storm and storm damage repairs. These costs have been absorbed in prior fiscal years 2012 and 2013. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. COMMITTEE RECOMMENDATIONS: Staff is recommending approval of this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: Recommendation to approve and authorize the Chairman to execute a Master Funding Agreement with the Florida Department of Emergency Management for reimbursement of County wide damages incurred as a result of Tropical Storm Isaac. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Manager, Coastal Zone Management Division, Growth Management Department and Michael Cox, Administrative Services. Attachments: 1) Hurricane Isaac Federally Funded Public Assistance Agreement, 2) Attachment A, Statement of Assurances, 3) Attachment B, Public Assistance Quarterly Report, 4) Attachment C, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, 5) Attachment D. Designation of Subgrantee's Agent, 6) Attachment E. Justification of Advance Payment and 7) Attachment F. E-mail Communication Packet Page -650- 9/22/2015 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.12. Item Summary: Recommendation to approve and authorize the Chairman to execute a Master Funding Agreement with the Florida Department of Emergency Management for reimbursement of County wide damages incurred as a result of Tropical Storm Isaac. Meeting Date: 9/22/2015 Prepared By Name: HambrightGail Title: Accountant, Growth Management Department 8/21/2015 8:38:10 AM Submitted by Title: Accountant, Growth Management Department Name: HambrightGail 8/21/2015 8:38:11 AM Approved By Name: Michael Cox Title: Manager-Technical Systems Operations, Administrative Services Department Date: 8/21/2015 9:09:17 AM Name: McAlpinGary Title: Manager-Coastal Management Programs. Growth Management Department Date: 8/21/2015 11:00:52 AM Name: Tara Castillo Title: Management/Budget Analyst, Growth Management Department Date: 8/21/2015 11:11:43 AM Name: PattersonAmy Title: Division Director-IF. CPP&PM, Growth Management Department Date: 8/26/2015 10:54:32 AM Packet Page -651- 9/22/2015 16.A.12. Name: KearnsAllison Title: Manager Financial &Operational Support, Growth Management Department Date: 8/26/2015 4:29:02 PM Name: WilkisonDavid Title: Department Head-Growth Management Dept, Growth Management Department Date: 8/27/2015 10:43:00 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 8/28/2015 3:11:48 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 8/31/2015 2:14:35 PM Name: Joshua Thomas Title: Grants Support Specialist, Grants Management Office Date: 8/31/2015 3:09:25 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/1/2015 11:40:49 AM Name: StanlevTherese Title: Manager-Grants Compliance, Grants Management Office Date: 9/11/2015 1:17:11 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/13/2015 10:25:48 AM Packet Page -652- 9/22/2015 16.A.12. 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 tne appropriate applicants. b. Request for Assistance ("RPA")- FloridaPA.org is an electronic system to process applications for Federal funds 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 disasters open for RPA submission. PA Funding Agreement Instructions FEMA-4084-DR Packet Page -653- 9/22/2015 16.A.12. 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. 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. Fire 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. 1. 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 the 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 Packet Page -654- 9/22/2015 16.A.12. 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 Aareernent Instructions FEIVIA-4084-DR 3 Packet Page -655- 9/22/2015 16.A.12. 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 FEMA 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 information 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 summary page for disaster DR-4084 within www.FlondaPA.ord. PA Funding Agreement Instructions FEMA-4084-DR 4 Packet Page -656- 9/22/2015 16.A.12. 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 wvvw.FloridaPA.orq. 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; f. The Division will then execute the Agreement and will upload a scanned copy of the fully executed Agreement into www.FloridaPA.orq. 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 Packet Page -657- 9/22/2015 16.A.12. Contract Number: 13-1S-3S-09-21-02-571 Collier County Subgrantee, FIPS Number 021-92021-00 Hurricane Isaac (FEMA-4084-DR-FL) Federally Funded Public Assistance Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Manadement, with 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 °barna issued a major disaster declaration designated FEMA-4084-DR-FL for the State of Florida as a result of Hurricane Isaac As amended, the declaration authorized Public Assistance in Bay. Collier, Escambia Franktrn Gulf. Martin, Monroe, Oka loose, Palm Beach. Saint Lucie and Santa Rosa Counties B The FEMA-State Agreement dated October 31, 2012. between the State of Florida and the cederal Emergenc, Management Agency tFEMA) governing the use of such funds requires the State to share the costs eirgrble for federal financial assistance, and the State nas undertaken to share arose costs. as appropriateg with its Subgrantees and -HE-IREF-ORE, the Grantee and the Subgrantee agree to the following (I r DEFINITIONS As used in this Agreement, tne following tenas shall ildVt.4. he fullowing meanings unless anutIlel meaning is specified elsewhere A "Ellgible acirvities" are Inase activities authorized n tne F.EMA-State Agreement. F.-^:1 in tne Robert T Stafford Disaster Relief ano Emergency Assistance Act Public Law D3-2E,8 as arnengeg $0 S c0 5121-52;37 Slafforg Act) in accorcan:e witn t: 29S 44 anc appocaule policies of Fero.4, 'FEMA-State Agreement' is the agreement dated October 31 2012 :Deo/veer the PEMA anc the State of FrDlij f.9" a ar esIgentlal emergency declaration designatec; 40 S.t-DR-PL As amendec the agreement authorized Public Assistance in Bay Collier 7camma Fm - kin i;,df Mann fyInnrne Ok,raionr,.A Palm Beach Sant Lucie and Santa Posa :.;.04 ntres PA Furding Adreement for FEM.4-4034-DR Packet Page -658- 9/22/2015 16.A.12. (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 accordance 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 266, which shall 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 shall 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 nigher percentage is approved. P 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 bGen disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered or Grantee C As a twiner 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. i4, DUPLICATION OF BENEFITS PROHIBITION, Subgrantee ma net receive funding under this Agreement to pay for carnage covered c} insurance nor may Subgrantee receive any other duplicate benefits under this Agreement `v'' rt ,v:ir delay. Subgrantee shall advise Grantee of any insurance coveraot ior tne Carnage identified or the applicable Project Worksheets and of any entitlement to compensation or indemnification from subh insurance All such' duplicate benefits are 'ineligible costs which the Subgrantee shaall reimburse to the Grantee without belay The Su grantee shall also ;i^ b. _e toe 3rantee if the Suo rantee receives any duplicate benefits from any other sou __ for an'i carnage identified on,rie applicable Pr^cot V'ort.sheets f;r '1'h,cr, Gut', antee nas received c:avment ng,r, :rantee PA Fundinc FEMA-42,54-DR Packet Page -659- 9/22/2015 16.A.12. B. In the event that Grantee should determine that Subgrantee has receive duplicate benefits, by its execution of this Agreement, the Subgrantee give 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 Subg,mntre, 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 oroject 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 development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent properly licensed engineering, building. and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. (0) REQUIRED DOCUMENTATION REVIEWS AND INSPECTIONS. Subgrantee shall create and maintain documentation of wor performed and costs incurred on each project identified in a Project Worksheet sufficient to permit aYonna| audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such docomenxauon. Grantee may terminate further funding under this Agreement, e,d 8ubgramcc shall reimburse to Grantee all payments disbursed earlier to Subgrantee. together with any and all accrued interest � all projects. Subgrantee shall stale on the"Project Comletion and Certification Report" that all work was performed in accordance with this Agreement mod t he requirements in each p,ojeclvVmxnxeet and snail state the date of completion Grantee will inspect Small Projects by random selection. and will conduct the final inspections on Large Projects, La ensure that all work has been performed within the scope of work specified on the P,oject w/ rxsxecta Costs not within the approved scope of work shall not be re/nnUu,sed. � Subgrantee snail submit tne following 000umontamon for Large Projects (the Large Project threshold for thts declaration is 566 400.00), which can be found at voA,V,'FiondaPA orq ` a-equest for reimbursement 2 a vorrms-y of dccume":ahon 'which small be supported by ongmo! documents uoct' os cuntectoormnertu invoices purchase orders and cxangeo'drrs 2, Si IeOueS or :na| nspecoon, 4 a s:g:eo Ccmp/:mn sno Cer-hi::axonR�oanups` oe czn�r^o: � ao cr��cu 6 a Project Completion and C.ertificauon Report specified br saocarag'ar,x (6>A of this 'Agreement P4Fundmg4greement for FEKJA-40B4-[}R 3 ' Packet Page -660- 9/22/2015 16.A.12. (7) COST SHARING. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approvec, and the nonfederal share shall be the remaining 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 apportonment of the nonfederal share, Administrative costs in addition to the Project Worksheets that are otherw.se eligible under 44 CFR Part 206.228 and do riot require matching funds may also be funded by FEMA. (8) PAYMENT OF COSTS. Grantee shall disburse the eligible costs to Subgrantee in 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. S. 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 www.FlondaPA.orq. 2. a Summary of documentation which shall he supported by original documents such as contract documents. invoices,purchase orders. change orders canceled checks for other proof of expenditure), etc which is also available at'AWN FloridaPA.orq, and a. 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 feoero share if Subgrantee meets the following conditions 1 Subgrantee shall cer0fy 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, �. 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 shall pay over to Grantee any interest earned on advances ter remittance the FErVIrs as often as practicable but not later than ten '10? Dusmees clays atler the close of each calencai quarter-. Grantee Mai in its b scretor wrthtrolc its pu.pion of the ronfecerol share of fs;ad is Agreement f.,, SoOgrantee €f Grantee has reason to expect a stubsvquen. ,avo a bk -.1eterramnatiori by toe 7EM.4 that a prev+ous disburses-ten! of funds under this Agreement; was impsocc PA Funding Agreement for Jf : � --4D S4-D Packet Page -661- 9/22/2015 16.A.12. E. Any advance payment under this Agreement is subject to Section 216.181(16), 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 within the first three(3)months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A- 122 and the Cash Management Improvement Act of 1990. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment"E.' Attachment"E"will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 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 FINAL r A ME T Grantee snail cisourse the final payment to Subgraniee upon the performance of the following ccnditiors A Subgrantee shall have completed the project to the satisfaction of the Grantee B Subgrantee shall have suomitted the documentation specified in Paragrapins (6 and (E cf this Agreement. T.the case of arge Proie:ts toe Gran t ee snai have performed, the final inspeetion or ... in the case o` Small Projects, ire project i?stino an; certification shall have been reviewed by Grantee or Grantee shall have performed a final inspection and E Sjbgrante:, shall nave requested final reimburrsement. i01F-7 ^OP;_::J MAINTENANCE The iunjir,p Of eligible costs under tots Agreement and toe performance of all other conditions Shall _core t t: toe following requirements in addit'or to such other and fuhne: requirements as rr ,. ra'v be sou operatror operator ravi FurciinG Agreement for FEMA-4384-DR k � Packet Page -662- 9/22/2015 16.A.12. A. The "Uniform Administrative Requirements for Grants and C ooperative Agreements to State and Local Governments,"as codified in 44 CFR Part 13,as amended. B. Office of Management and Budget Circular (OMB) No. A-57, "Cost Principles for State and Local Governments,"as amended. C. OMB Circular A-110, 'Uniform Administrative Requirements 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. B. OMB Circular A-133, `Audits of States, Local Governments, and Non-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 five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved_ 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. Records relating to real property acquired shall be retained for five years atter the closinc 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 snail 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 5 00 a.m. to S'0Ci p.m local time.on Monday through Friday. 'REIMBURSEMENT OF FUNDS If upon finial 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 :mburse to Grantee the sum by toe total disbursements exceed the _llo.ible costs forty-five 4Si days from toe date Subgra •tee is notified of such determtriatior 12iPEPA' @ ci I 7Rt�r EE All refunds or repayments due to the Grantee under tilts Agreement are to be made payable to the Ca_r o' 'Division of Emergency Management, Cashier' and mailed directly to the follow inc a; 'ess shier, Division of Emergency Management, 2555 Shumard Oak Boulevard; Tallahassee, Florida 32399-21O0. i accordance with section 215,3" i Florida Statutes, if a cnecn, or other craft is returned to the Grantee fc collection Recipient Shall pay the Grantee a semv De fee or , ` :S face amocutil of the retlirne d check or draft vii oneve 's greater PA P ui ding Acreem nt lot FEM,.A-4O84-DR Packet Page -663- _. 9/22/2015 16.A.12. (13)AUDIT. A. The Subgrantee agrees to maintain financial procedures and s upport documents, in accordance with generally accepted accounting principles. to account for the receipt and expenditure of funds under this Agreement. B. These records shall be a vailable at all reasonable times for inspection. review. or audit by State 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 State or local government or a non-profits organization as defined in OMB Circular A-133, as revised, and if the Subgrantee expends 5500,000 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, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, An electronic copy shall also be submitted (via email to DEMSingle_.Aud:t(0em.rnyflonda.com. If a Su:grantee spends less than 3500,000 in federal awards in its fiscal year an au pit conducted in accordance with the provision of OMB Circular A-133, as revised, is not required, in tile event the contractor expends less than $500,003 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 at funds not spent in accordance with these applicable regulalioris and Agreement provisions within thirty (30' dav5 after the a. _ ?-as nct:fied the contractor of such non-compliance. D. If audit is conducted as required try subparagraph -."1. above, the Subgrantee small send a copy the o. ina ndc'eape , s ue.scribed Part .320 to of OMB Circular as revised to the .:ran- ee at eaen ;I the following addresses c..d� 55 es Office of the Inspector General Florida Division of Emergency M naq✓rnent 2555 Shumard Oak Boulevard Taliariessee Florida 32399-2100 PA, `undlr12 Anreem nt for FEMA-4DE4-DR Packet Page -664- 9/22/2015 16.A.12. As required by OMB Circular A-133 Part .320 (d), all auditees shall submit the data collection form and on e copy of the reporting package to the Federal Audit Clearinghouse at the following address: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10th Street,Jeffersonville, IN 47132. H. Pursuant to Part .320 (e) of OMB Circular A-133, auditees that are subrecipients shall submit to each pass-through entity one copy of the reporting package describe in Part.320 1:ci I. 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 OMB Circular A-133, section(s) 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Florida Statutes, and Rules of the Auditor General,as applicable. 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 this 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. L. A Subgrantee shall have all audits completed by an independent certified public accountant [IPA) who shall either be a certified public accountant 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 tne 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 tnan nine 9i months from the end of the Subgrantee s fiscal year N,.-Df4GOINAPLIANt."2.E. If the Subgrantee violates this Agreement or any statute rule or other legal requirement applicable to the performance of teas Agreement. the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to whin the violation has occurred until the violation is cured or nas otherwise come to final resolution. If Me violation is not cured. Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Paragraph 24 of this Agreement BY Or)NTRAOTORS. Pursuant to 44 2F--P, Parts 7 anc le. and 44 CF--P, Part 206 36 the Subgrantee shall undertai-.e an active oroaram o! nondiscrimination in its administration of disaster assistance onde, true Agree.ment SuPgrantee shall also be subject to the requirements in the 'General Services Administrative Consolldateo of Debarred Susoendco aria Ineiigibie Contractors in accornnce with 44 OFF Par,. 17 Pk, Furidrq Agreement for FEIVA-4084-DR Packet Page -665- 9/22/2015 16.A.12. (16)MO0IFICATION. 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 discretion of FEMA. Any approved modification to a P roject Worksheet shall be n oted in an additional Project Worksheet version for the project and in any amendment to this 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. "'he 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 tne Subgrantee. Subgrantee shall only ae 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. f18)CONTRACTS WITH OTHERS 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 with 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 tne subcontractors progress in performing its work under this Aggreement. For each subcontract, the Subgrantee snail provide a written statement to the Grantee as to whether the subcontractor is a minority vendor, as defined in section 288.703, Florida Statutes. Grantee assumes no liability to third parties In connection with this Agreement Unless the Subgran:ee is a g overnmen;ai entity covered under section 768.25 Florida Statute the Subgrantee shall be solely responsible to any an_ all contractors vendors. and other parties with whom a contracts in performing this Agreement reemer.t. Unless the Subgrantee e r' the ea of_ g is a ga�, rnmental ent..y ivitn,n t,1_ n, nine o tne urecediric sentence Subgrantee sh ll indemnify Grantee from claims asserted by third parties in ^. ntrche n with the eerrorriarice of iris Agreement, holding Grantee and Subgrantee harmless from the Fv the odirose or this Agreement the Grantee and 5u^qra^pipe aoree that r+either one is an employee cr agent of the other. but that each one stands as an independent contractor in relation to the othher Nothing in this Agreement shall be construes as a waiver by Grantee or Subgrantee o' any legal i`!muriit;y'. no' shall anything in this Agreement be construed as consent by either of tne parties to be seed ;arti"s i cbnrrection with any matter arsinss from the performance of this Aor_emelt. Subgrantee represents that to the pest of its knowledge any hazardous substances at Its project site or sites are present ill QGan tiles within Sta ♦utarV and regulatory limitations. and do not require en'i£dial act'air under an'y' teller at State. o' local kcal recu{ enrents concerning such substances. Subgrantee fu .ner represents-under thhat t preso ,cE' of any, Such substance or any condition at the Site r � caused by the presence or am 3....... _.bsta'10_ snail be addressed in a_ociroa,<,e with all applicable legal requirements PA Fund ,ne Agreement for FEMA-40S4-DR i 9 Packet Page -666- 9/22/2015 16.A.12. (20)REPORTS. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment "B," and available on www:FloridaPA.org. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall 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 with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied 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 subcontractors, Subgrantee and consultants who are paid from funds provided under this Agreement, to ensure that performance under this Agreement are achieved and satisfactorily performed arid 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:taring 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. 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 mill monitor the performance and financial management by the Subgrantee throughout the contract term to ensure timely completion of at tasks. (22)MANDATED CONDITIONS Subgrantee agrees to the following conditions: • Bills for fees or other compensation for services or expenses must be s ubmitted ;r, eta l sufficient for a proper pre-audit and post-audit Grantee may unilateraliy- terminate this Agreement for refusal by the Subgrantee contractors or suocontractors to allow public access tc all documents, papers. letters or other material subject to the provisions of Chapter 119, Florida Statute that afc made or _ _, ed by Suagra.tee or its contractors and subcontractors in connection wit h true Agreement ▪ Subgrantee agrees that no funds or other resources received from the Grantee disbursed to it al:4er this Agreement wtit,i he used direcIly or indirectly to infiue, ce ieg slat;cr. Cr an 0tnce, otfrciai action by the r iori a Legislature or any State agency. • Suo4ran€ee oenifies trtar It possesses the legal autnority ig reCelve the tunas under tms Agreement and that s governing body of applica`alef has autnorireu the exec,,...on and acceptance:an'- of thJs Agreement. The Subgrantee also certifies that the underj,ane y,erm.o" has me author t 'to legally execute an:, bind Subgrantee to the terms of this Agreement PA Fu din': Mgre_eme.ntt for FEMA-4OB 4-DR 10 Packet Page -667- 9/22/2015 16.A.12. E. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. F. If otherwise allowed under this Agreement,all bills 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 U.S,C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ("INA")]. 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 an 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, I. It applicable, the Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in the areas cf employment, public ac;ommodations transportation State env local government services, and in telecommunications. .l vVith respect to any subgrantee other than a State agency or political subdivision of the State which receives funds under this Agreement from the federal government, by signinc tnis Agreement. the Subgrantee certifies, to the best of its knowiedae and belief trial it and its principals. are not presently debarred. suspended. proposee for debarment, declared ineligible or voluntarily excluded tram covered transactions by a federal department or agency, 2. have not within a t€ve-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 pub;rc (federal State or local) transaction or contract under public transaction, or (b) violation ch federal or State antitrust statutes or commission of embezzlement, theft. forgery, bribery. falsification or destruction of records making false statements or receiving stolen properly.. ':there the Subgrantee is unable to certify to any of the statements in this certification, the Subgrantee snail Submit to the Grantee (by email or facsimile, the completed Cenifi.„atio". Recording Debarment, Suspension Ineligibility and Voluntary Exclusion' for each rrospect ve subcontractor which Subgrantee tntends to fund under this Agreement. See Atta nment Suer, form must be received by the Grantee „rior to the Subgrantee enterinc into a cont ract any prospective suroontractd, PA FunoInc Aaareernen t for Fr---VA-4084-DP Packet Page -668- 9/22/2015 16.A.12. 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 material 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 Member 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-t_'_L. "Disclosure Form to report Lobbying." in accordance with its instructions, The undersigned shall require that the language of this certification he included in the award documents for all sub awaros at all tiers (including subcontracts, sue grants, anc c ontracts under grants, loans, and cooperative agreements) and that all sub grantees shall certify 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 certification is a prerequisite for making or entering into this transaction imposed by Section 13b2. i itie 31, U.S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than``10.000 and not more than $100,000 for each such failure. N .=ill unr;.anufactured and manufactured articles materials and supplies v h,cr, are acquired f;`r puolic use under this Agreement have bb tir; proouced toe United States as :ul'ec 4f 1ba unless it would not be in the public interest or unreasonable in Cost -his Agreement shall take effect upon its execution by both parties and shall terminate upon oval of cioseou; by FEMA unless terminated earlier as specifiec elsewhere it this Subgran:ee shalt commence project{s? Specified by this Agreement without deiat; PA Funding Agreement for FEMA-4064-D Packet Page -669- 9/22/2015 16.A.12. (24)EVENTS OF DEFAULT. REMEDIES AND TERMINATION. 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. Notwithstanding 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 liability 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 financial condition while this Agreement is in effect,as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has riot cured the condition within thirty(30)days after notice in writing 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 Fnnanciai Services, Congress or Office of Management and Budget. E. 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 if such failure may be cured, Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 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. 0 Upon the r sossi n.. suspension 1n C termination of this L,greer}rent t e Suborm tee Shat! ref_nc! to Gra ntee of funds disbursed to Subgrantee under this Agreement. , i ne venue of on action or proceeding by either Grantee or Subgrantee for enforcement of this 4,7:reef en; or odjudIcatipn of rights, interests. or cutter of the ' g� parties «� is ';h3`� fay In the tire,.:, Court for Leon County, State of Florida. Notwithstanding ding enyt'linc. the contrar'e elsewhere in this .'green'ent. the resc1as,on suspension or terminatton of this Agreement by Grantee shall not relieve Suborantee of !!ability to Grantee iOi toe restitution of funds advanced to Subgrantee _tnber this Aor ment and Grantee may set off any such funds by vvrthnoioinc future disbursements otherwise cue .Subq o teF under this reernent until such time as the exact amount of restitution: e - cue Grantee iTG!'."1 Subgrantee _ de-tem-tined. In the event that FEMvIA should steocilaste tunds formerly air 's ed under this Agreement the Subgrantee shall immediately repay such PA Furto nc. Agreement for FEMA-4D34-Dr 1 Packet Page -670- --- 9/22/2015 16.A.12. Grantee. Any deobligation of funds or other determination by FENIA shall be addressed in accordance with the regulations of tha Agency. (26)ATTACHMENTS, A. AU attachments to this Agreement if any are incorporated d 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 language 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 necessary or posted on the Grantee's website at wFloridaPAorq. (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 (8ubgrontee shall complete and submit Attachment D"which shall serve as the Notice arid Contact for the Subgrantee) Grantee: Ev°nnnenop,g Inierim Bureau (Thief Division of Emergency Management 3555Shumarg Oak Boulevard -axahssscc. FL32399-21OU EmauevocLrosentpera �Fl;SEmT SuOgrantra must complete Attachment '0- by designating two agents to execute any Pe:u:st for AovanoeurRoimbursement. certification, or other necessary documentation on cehaif of Subgrantee PAFunding /\arec.rner-r, forFE|WA-4DB4-[}R 1:- Packet Page -671' 9/22/2015 16.A.12. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT SIGNATURE PAGE Hurricane Isaac FEDERALLY FUNDED PUBLIC ASSISTANCE AGREEMENT (FEMA-4084-DR-FL) IN WITNESS HEREOF, the Grantee and Suhgrantee have executed this At/teem:nit: FOR THE GRANTEE DIVISION OF EMERGENCY \tANAGENIEN"t Governor's Alit WI ieu preentu Date FOR THE SUBCRANTEE: 11:111111.1D-bOdrd C Ot1111% ( mrsioncm Name atki I itttt C Date t II Nut)!tra!Itt:t: ; Vjerji 1:11)ri1,?• 55-6D0055E :or;.1) \,;:ount , IntorMation I Cod,. ::171787, r2V3HT E EAROcK, Otto* Approved as to form and legality Assistant County Attorney PA Fundtrto Atc,rz-:ement fr FEMA-4,:)34-DP 1 ft Packet Page -672- 9/22/2015 16.A.12. 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. Packet Page -673- 9/22/2015 16.A.12. 10. his assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loan., reimbursements, advances, contracts, property, discounts of other Federal financial assistance exte ded after the date hereof to the subgrantee by FEMA,that such Federal Financial assistance will be exte ded in reliance on the representations and agreements made in this assurance and that the United Stat.s and the Grantee shall have the right to seek judicial enforcement of this assurance. This assurance is bi ding on the subgrantee, its successors, transferees, and assignees, and the person or persons whose sign.:tures appear on the reverse as authorized to sign this assurance on behalf of the subgrantee. 11. I will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Pro•erty Acquisitions Act of 1970 (P.L. 91-646)which provides for fair and equitable treatment of persons displ-ced as a result of Federal and federally-assisted programs. 12. I will comply with provisions of Federal law which limit certain political activities of employees of a State or lo al 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. I will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) whic limits the political activities of employees. 14. I will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the -ppearance of being motivated by a desire for private gain for themselves or others, particularly those with horn they have family, business, or other ties. 15. I will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 16. I will comply with the Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requ ring that mechanics and laborers (including watchmen and guards) employed on federally assisted cont acts 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. I 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 rimes their basic wage rates for all hours worked in excess of the prescribed work-week. 18. I will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes pen_Ities for"kickbacks"of wages in federally financed or assisted construction activities. 19. I will give the sponsoring agency or the Comptroller General, through any authorized representative, acc-ss to and the right to examine all records, books, papers, or documents related to the grant. 20. I will comply with all requirements imposed by the Federal sponsoring agency concerning special requ rements of law, program requirements, and other administrative requirements. 21. I will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the acc•mplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Viol_ting Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the lirector 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, Packet Page-674- 9/22/2015 16.A.12. 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.G. 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.G. 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, Floodplain Management and Wetland Protection Procedures: and Federal laws or regulations applicable to Federal Assistance Programs. Packet Page -675- 9/22/2015 16.A.12. 29. I 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. I will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.G. 6201-6422), and the prov sions of the State Energy Conservation Plan adopted pursuant thereto. 31. ith 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. I will comply, and all its contractors will comply, with the non-discrimination requirements of the Om ibus 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 ducation Amendments of 1972; the Age Discrimination Act of 1975: Department of Justice Non- Disc imination Regulations.. 28 CFR Part 42, Subparts C.D,E, and 0: and Department of Justice regulations on d sability discrimination, 28 CFR Part 35 and Part 39. 33. I 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- 1951. as modified (41 CFR 101-17-7031). The subgrantee will be responsible for conducting inspections to insu.e compliance with these specifications by the contractor. Packet Page-676- 9/22/2015 16.A.12. 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 or 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 $500,000 or more. 41. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988. and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. Packet Page -677- 9/22/2015 16.A.12. ATTACHMENT"B" Public Assistance Quarterly Report Available for Each Subgrantee on www.FloridaPA.org QuerWiy Report W Y.AYtl norm*vv,rwt wen*.we%fl,bete bDV.•K Mtem.M.Dtfl.?V*tPe..W42tiLCMC.r':i Ora VS a4..nt•:M..V*ennua4`weh3li,'...r Maw'n+scrhW33�Yros$c.meflaw,0ly.i ..yy�y r�a..w+ee+Ctltlsv6tlMea 3iaC A2fir& 111 'PAM Ciwb'/i i bn., M+trswe' 3M0•CRgwW 9ii'.i. Otters .1••Gaper.. ...v. C.ap.u. cs.ta.e7w.04.. I K:er ..ee_... Gx+:wwh CO.s•w-.Can 17.w P.:0140C FFleen be be 14.0000€•0 for Reenb0 rbteMIR i r t5arn.e wrv:ri«r...s,.'.a. 1.12.213 Warr V V 3lta we .er:iXwG••Z...• .W ♦:':eM PasGeSW 'k•.P"•x'14"era.dti.N'Y= .�, iw✓ll.'0 CstMVS'. Packet Page -678- 9/22/2015 16.A.12. Attachment"C" Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Subcontractor Covered 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 for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. Where the Subgrantee's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: Name of Company Street Address City, State,Zip Federal Employer Identification Number(FEIN) By: Signature Date Subgrantee's Name Grantee Agreement Number Packet Page -679- 9/22/2015 16.A.12. Attachment"D" DESIGNATION OF SUBGRANTEE'S AGENT FEMA/GRANTEE PUB!IC 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 off/ Len Price Signature Signatrqz�� i �0 Organization/•ffcial Position Organization I al Position 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.floridapa.orq)for full or read only access by the above authorized Agents. Chief Financial Officer Subgrantee's Authority/Board/Commission Name Official's Name Mark Isackson Tim Nance Signature Signature Organizati /Official Position Organization/Official Position Collier County BCC/Director-Corporate Finance&Mgmt Srvc Collier County Board of County Commissioners/Chairman Mailing Address Mailing Address 3299 Tamiami 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 _ 239 252-8604 Facsimile Number Facsimile Number E-mail Address . E-mail Address MarkIsackson@colliergov.net TimNance@colliergov.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 Subgrantee's FIPS Number(If Known) 021 - 12021 - 00 Subgrantee Authority/Board/Commission Signature Date: Page 1 Packet Page -680- 9/22/2015 16.A.12. Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance,indicate same by checking the box below. ( ]ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff,award benefits to clients,duplicate forms and purchase start-up supplies and equipment. We would not he able to operate the program without this advance. If you are requesting an advance,complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20 Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES t TOTAL EXPENSES LINE ITEM JUSTIFICATION (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,saki ry 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 term shall be returned t o the Division Cashier. 2555 Shumard Oak Routesard,Tallahassee, Florida 32399, within thirty (30)days of receipt. along with any interest earned on the advance) Packet Page -681- 9/22/2015 16.A.12. From: Day,Cathy To: McAlpinGary Cc: Lowe, Bryan; Huuhes,Pam 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 Issac 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 [mail to:GaryMcAlnin(a)colliergov.net] Sent: Thursday, August 13, 2015 9:13 AM To: Day, Cathy; Hughes, Pam Subject: RE: ES -TS Isaac Reimbursement We understand that you :_:annot guarantee that a FEW', deobligation will not take place but is it possible to he more specific? Please look at the paragraph below. If this is stated along with the declaration ianguaee that Bryan seent. it would verify the conversation/discussion that we had on the conference: call and give Our board more comfort. \`,%h do you think. of somechina 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 :his oossibie!' Packet Page -682- 9/22/2015 16.A.12. • Gary McAipin 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.Dayem.myflorida.com] Sent: Wednesday, August 12, 2015 2:58 PM To: McAlpinGary Cc: Hughes, Pam Subject: FW: ES -TS Isaac Reimbursement Gary, Prvan a avva, at the FEPA Conference and will return next week. in the meantime he has responded with the foliowiriE e.-mpail. is tnis sufficient wicat you heed Lp move is scar.. Pm and I are cvailabie 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 Packet Page -683- 9/22/2015 16.A.12. Release Number: HQ-12-106 WASHINGTON —The I I.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:GarvMcAloincahcolliergov.netj Sent: Tuesday, August 11, 2015 10:50 AM To: StanleyTherese; Rosenberg, Evan; Hughes, Pam; Brian.Loweaem.mvflorida.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 Packet Page -684- 9/22/2015 16.A.12. 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 Honda .o ai 2ddresses are putslic recoms, you do nol v 2'1t 300!!e r ail aoo ess released in response tO a public records reG !a e ..t 00-^ m,.. o trns e tEt -1051300, .tOs.tris otho_;by telephone or 10 vntngs Packet Page -685-