Agenda 02/25/2014 Item #16E132/25/2014 16. E.' 2.
EXECUTIVE SUMMARY
Recommendation to approve the Department of Homeland Security (DHS) Federally- Funded
Subgrant Agreement 14DS- C2- 09- 21- 01 -xxx in the amount of $495,500 for the Department of
Emergency Management to acquire a multi - patient ambulance type vehicle.
OBJECTIVE: To approve and authorize the Chairman to sign and accept the DHS Federally Funded
Subgrant Agreement to acquire a multi - patient ambulance type vehicle.
CONSIDERATION: On November 12, 2013, Agenda Item No. 16E13, the Board authorized the County
Manager to proceed with the development of a grant modification by the Department of Emergency
Management to receive up to $600,000 from the Florida Division of Emergency Management for the
purchase of up to two mass medical multi - patient ambulance buses. Due to the compressed acquisition
schedule mandated by the sunset of the availability of funds, the Board also authorized competitive
procurement of the buses as required by the terms and conditions of the grant and County policy.
The Florida Division of Emergency Management recently notified staff that Subgrant Agreement 14DS-
C2-09-21-01-xxx, not a grant modification, must be approved and signed by the County to accept
$495,500 in grant funds. The funding would be used to acquire one multi - patient transport vehicle on a
bus chassis with suitable on -board equipment as a turn-key procurement that includes, but is not limited
to, integrated, engineered, and interoperable components such as: spare stretchers and litters, stair chairs,
wheelchair straps, oxygen supplies, remote vital sign monitoring, two -way radios, responder hyper and
hypo temperature recovery vest, battery operated personnel transport carts, battery chargers, supply carts,
and an on -board generator.
The reimbursement deadline set forth in the Subgrant Agreement is June 30, 2014. As such, it continues
to be necessary to concurrently pursue procurement via a competitive process and /or eligible procedures
to prevent the loss of the federal funding opportunity. All efforts will be made to meet the reimbursement
deadline.
Once fully executed, the contract number on the Federally- Funded Subgran. Agreement will be
completed by the State.
FISCAL IMPACT: A budget amendment is required to recognize revenue in the amount of $495,000 to
Fund 713 (County Manager Agency Grants), Project #33317 for FY 14. No matching funds are required.
Staff estimates that the annual operating cost to the County for the vehicle will be approximately $2,500
per year and it is further anticipated the vehicle will have an 18 -year operating life. The County is under
no obligation to replace the vehicle at the end of the life - cycle.
LEGAL CONSIDERATIONS: The Federalh Funded Subgrant Agreement is a standard document. I
allows the State to terminate for cause or convenience. It allows the County to terminate for convenience
only with State approval. This item is approved for form and legality and requires a majority vote for
approval. - JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
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RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign Federally- Funded Subgrant Agreement 14DS- C2- 09- 21- O1 -xxx from the Florida
Division of Emergency Management for the purchase of an ambulance bus, integrated and complimentary
on -board equipment generally referenced above, and specified travel for production and inspection
meetings at the site of manufacture in the amount of $495,500.
Prepared by: Dan E. Summers, Director, Bureau of Emergency Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.13.
Item Summary: Recommendation to approve the Department of Homeland Security
(DHS) Federally- Funded Subgrant Agreement 14DS- C2- 09- 21- 01 -xxx in the amount of $495,500
for the Department of Emergency Management to acquire a multi - patient ambulance type
vehicle which was authorized by the Board on November 12, 2013.
Meeting Date: 2/25/2014
Prepared By
Name: BoniChristine
Title: Accountant, Bureau of Emergency Services
2/10/2014 11:18:05 AM
Submitted by
Title: Director - Bureau of Emergency Services, Bureau of Emergency Services
Name: SummersDan
2/10/2014 11:18:06 AM
Approved By
Name: SummersDan
Title: Director - Bureau of Emergency Services, Bureau of Emergency Services
Date: 2/10/2014 11:41:07 AM
Name: pochopinpat
Title: Administrative Assistant. Administrative Services Division
Date: 2/10/2014 1:04:24 PM
Name: NorthrupAdam
Title: Procurement Specialist, Purchasing & General Services
Date: 2/11/2014 8:47:43 AM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing & General Services
Date: 2/11/2014 1:04:40 PM
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2/2512014 16.E.1-.
Name: Markiewiczloanne
Title: Manager - Procurement, Purchasing & General Services
Date: 2/11/2014 1:09:14 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 2/11/2014 2:19:52 PM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 2/12/2014 5:30:22 PM
Name: Joshua Thomas
Title: Grants Support Specialist, Grants Management Office
Date: 2/13/2014 11:29:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/13/2014 1:28:08 PM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 2/13/2014 4:09:57 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 2/18/20141:05:17 PM
Name: OchsLeo
Title: County Manager. County Managers Office
Date: 2/18/2014 2:57:16 PM
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Good afternoon Christine,
The Division of Emergency Management is pleased to forward your Residual State Homeland
Security Grant Agreement. Please note the following.
°
The Division will be unable to send the agreements in any form other than aPDF' due to
legal stipulation, therefore I have attached your Scope of Work (SOW) for you to insert into the
agreement beginning on page 17.
^ There is a new requirement for Recipients to include the Data Universal Numbering System
(DUNS) Number, on the signature page.
^
Attached is an information sheet explaining DUNS, and below is a link to the supporting
federal requirement.
^ Reference Page 2'1: g for DUNS requirements, and page 3 states: Sub-recipients have an
obligation to provide to the grantees (direct recipients of Federal funding) all information required
for the FSRS
h1tp://wvvw.fema.gox/pdf/8ovennrnent/grant/buUetins/into350'pcU
Please carefully read and review the agreements including all attachments prior to signing. Print
four (4) sets of the attached agreement and complete asfollows:
All four sets of the Agreement need original authorized signatures;
" if signed by anyone other than the authorized person, a copy of an existing Certificate,
Resolution, or Procedure, or a letter signed by the authorized person indicating that they have the
authority tu enter into Agreements;
,
Authorized oerson's name and title orinted where requested;
"
Date ofsignature;
~
Enter your Federal Identification Number that is located on signature page; and
°
The Budget Detail Worksheet should be completed with anticipated expenditure amounts —
this amount should equal your award amount.
°
On your agreement the EO (Third Set of Numbers) will be completed during the execution
process of the agreement
Please make sure that the ccrrect re.-inient , name is stated on your contract, if not oiease jet
us Know immediateiv so- that we can revise and resubmit to you right-away,
Section 13(c). Notice and Contact, must be completed with the name and contact information ofthe
representative of the recipient who will be responsible for the administration of this agreement.
Once completed with the above information and signed, please return all four (4) sets of the
agreement tnthis address:
Florida Division of Emergency Management
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2/25/2014 16.E.13.
Bureau of Preparedness —Attn: Carolyn Washington
Domestic Security Preparedness Grants Section
2555 Shumard Oak Boulevard, Room 120D
Tallahassee, Florida 32399 -2100
A fully executed original agreement and reporting forms will be returned to you. If there is anything
else I can assist you with, please do not hesitate to contact me.
Sincerely,
Carolyn Washington, Community Assistance Consultant
EOG /Division of Emergency Management
Domestic Security Grants Section
2555 Shumard Oak Boulevard, Room 120D
Tallahassee, Florida 32399 -2100
Telephone: (850) 410 -1271
Fax: (850) 922 -8689
Email: Carolyn .washington @em.myflorida.com
cm
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Contract Number: 14DS- C2- 09- 21 -01-
CFDA Number 97.067
FEDERALLY - FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Collier County
Board of County Commissioners, (hereinafter referred to as the "Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has the authority to subgrant these funds to the Recipient upon the terms and
conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Program Budget and Scope
of Work, Attachment A and B of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment D.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties whichever is later, and shall
end June 30. 2014, unless terminated earlier in accordance with the provisions of Paragraph (12) of this
Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
Federal OMB Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A -110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost
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Principles for State, Local and Indian Tribal Governments," OMB Circular No. A -21, "Cost Principles for
Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Non - profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
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 extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non - expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A and B - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. 'Reasonable" shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. 'Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
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(d) If the Recipient is a State or local government or a non - profit organization as defined
in OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in
accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of federal
awards expended should be in accordance with the guidelines established by OMB Circular A -133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A -133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133,
as revised.
If the Recipient expends less than $500,000 in federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of
the audit must be paid from non - Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A -133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMB Circular A -133, as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by
submission online at
http: // harvester. census .gov /fac /collect/ddeindex. html
And to any other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any
management letter issued by the auditor, to the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
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(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A -133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has noted the Recipient of such non - compliance.
Q) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year,
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close -out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(c) The close -out report is due 45 days after termination of this Agreement or 45 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraphs (10), (11) and (12) of this Agreement, "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports as requested by the Division.
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(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and /or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A and B to this Agreement, and reported in the quarterly
financial report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and /or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing hereir,
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ( "Events of Default "), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
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(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
Request additional information from the Recipient to determine the reasons
for or the extent of non - compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. Require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
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(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
EOG /Division of Emergency Management
2555 Shumard Oak Boulevard, Room 120D
Telephone: (850) 410 -1271
Fax: (850) 922 -8689
Email, Carolyn. washinotonCcr�em.mvflorida.corr
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(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers
e y Cultural Pkwy, ui a 445
Naples, 1-L .34113
Teleghone:239- 252 -3600
dansummersftcolliergov net
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget
Attachment B — Scope of Work
Attachment C - Deliverables
Attachment D — Program Statutes and Regulations
Attachment E — Justification of Advance Payment
Attachment F— Warranties and Representations
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Attachment G — Certification Regarding Debarment
Attachment H — Statement of Assurances
Attachment I — Reimbursement Checklist
(17) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$495.500.00, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. 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.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A and B of this Agreement.
(d) 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 thirty
(30) 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 grant manager as part of the Recipient's
quarterly reporting as referenced in Paragraph 7 of this Agreement.
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 subparagraph (19)(h) 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.
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Changes to the amount of funding pursuant to Paragraph (17)(a) above may be accomplished by
notice from the Division to the Recipient. The Division may make an award of additional funds by
subsequent modification.
All funds received hereunder shall be placed in an interest - bearing account with a separate
account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the
Recipient by the Division that are not expended in implementing this program shall be returned to the
Division, along with any interest earned on all funds received under this Agreement, within ninety (90)
days of the expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and
Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
Any requests received after June 30, 2014, at the discretion of the Division, may not be
reimbursed from this Agreement.
This agreement may be renewed, at the Division's sole discretion, for a period that may not
exceed three years or the term of the original Agreement, whichever period is longer, specifying the
renewed price and subject to the availability of funds. Pursuant to Section 287.057(13), Florida Statutes,
exceptional purchase contracts pursuant to Section 287.057(3)(a) and (c), may not be renewed.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management" and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
In accordance with Section 21- 5.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Divisior
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
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shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101 -336, 42 U.S.C. Section 12101 et sea. , which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five -year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
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In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat, or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat. The provisions of any special or local law, present or future, shall prevail over any conflicting
provisions in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act
( "INA ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
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(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient 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 Recipient, 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 the 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 Recipient shall complete
and submit Standard Form -LLL, "Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
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 1352, Title 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.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORID/..
(a) If the Recipient has a pre- existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
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discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre- existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that it's governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
By:
Tom Henning, Chairman
Date:
FID# 59- 6000558
DUNS# 076997790
ATTEST: Dwight E. Brock, Clerk
Approved as to Form and Legality
By: By:
Deputy Clerk
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title:
Date:
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Jennifer A. Belpedio
Assistant County Attorney Q) 0 ``k
ca �
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EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: U.S. Department of Homeland Security /Federal Emergency
Management Agency
Catalog of Federal Domestic Assistance title and number: 97,067
Award amount: $495.500.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
OMB Circular A -21, A -102, A -110, A -122, A -128, A-87 and A -133
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
Recipient is to use funding to perform the following eligible activities as identified in the United
States Department of Homeland Security, Federal Emergency Management Agency, and
National Preparedness Directorate Fiscal Year 2012 Homeland Security Grant Program (HSGP),
consistent with the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
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ATTACHMENT A
Proposed Program Budget
• Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to
utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below,
• The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased and
the corresponding Authorized Equipment List (AEL) reference number. The AEL can be found at www.rkb.us.
• The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, the transfer
of funds between Issues is strictly prohibited.
.i6 At the discretion of the Recipient, funds allocated to Management and Administration costs (as described in the "Proposed
Program Budget's may be put towards Programmatic costs instead. However, no more than 3% of each Recipients' total
award may be expended on Management and Administration costs.
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Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as
described in the "Proposed Program Budget".
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Hiring of full -time or part-time staff or contractors/consultants:
,ik To assist with the management of the respective grant program
.L To assist with application requirements of the grant program
;b To assist with the compliancy with reporting and data collection as
it may relate to the grant program
Development of operating plans for information collection and
processing necessary to respond to DHS /ODP data calls.
Costs associate with achieving emergency management that is
Inclusive of the access and functional needs of workers and
citizens with disabilities.
Overtime and backfill costs —Overtime expenses are defined as the
result of personnel who worked over and above their normal scheduled
daily or weekly worked time in the performance of FEMA - approved
activities. Backfill Costs also called "Overtime as Backrill" are defined as
expenses from the result of personnel who are working overtime in
order to perform the duties of other personnel who are temporarily
assigned to FEMA — approved activities outside their core
responsibilities. Neither overtime nor backfill expenses are the result of
an increase of Full —Time Equivalent (FTEs) employees. These costs
are allowed only to the extent the payment for such services is in
accordance with the policies of the state or unit(s) of local government
and has the approval of the state or the awarding agency, whichever is
applicable. In no case is dual compensation allowable. That is, an
employee of a unit of government may not receive compensation from
tneir unit or agency of government AND from an award for a single
period of time (e.g., 1:00 pm to 5:00 pm), even though such work may
benefit both activities. Fringe benefits on overtime hours are limited to
Federal Insurance Contributions Act (FICA), Workers' Compensation
and Unemployment Compensation.
FY 2010
Travel expenses
1
$8,500
$8.500
HSGP
RESIDUAL
Meeting - related expenses (For a complete list of allowable meeting -
related expenses, please review the OJP Financial Guide at
hftp://www.ojp.usdoj.gov/FinGuide).
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Acquisition of authorized office equipment, including personal
computers, laptop computers, printers, LCD projectors, and other
equipment or software which may be required to support the
implementation of the homeland security strategy.
The following are allowable only within the contract period:
A. Recurring fees/charges associated with certain equipment, such as
cell phones, faxes, etc.
*� Leasing and /or renting of space for newly hired personnel to
administer programs within the grant program.
FY 2010
HSGP
TOTAL BUDGET $495,500 RESIDUAL
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ATTACHMENT B
Scope of Work
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security — Federal Emergency Management
Agency National Preparedness Directorate Fiscal Year 2012 Homeland Security Grant Program (HSGP), consistent with the
Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below.
Issue and Project Description
Multi - Patient Medical Transport Vehicle - Vehicle which will function to provide basic medical transportation services
during large -scale disaster events and localized mass medical emergency scenes or first responder re -hab services. The
vehicle will be climate controlled, have the capability for a minimum of 9 patients with various combination(s) of seated,
stretcher based, and wheel chair transport capability. Additionally the vehicle will be capable of transporting one (1)
bariatric patient within the maximum of (9) nine respective patients configuration as noted above. The vehicle will be
identified as a Basic Life Support type, however, Collier County EMS could provide complimentary personnel and ALS
equipment If warranted in accordance with rules and regulations provided by the Florida Department of Health. Division of
Emergency Medical Services during disaster conditions.
categories and Eligible Activities
FY2013 allowable costs are divided into the following categories: equipment and management and administration cost
are allowable cost. Each category s allowable costs have been listed in the "Budget Detail Worksheet" above.
Equipment Acquisition
The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment
standards for FY 2013 HSGP are listed on the web -based version of the Authorized Equipment List (AEL) on the
Responder Knowledge Base (RKB), at hftps: /Awww.rkb.us. Unless otherwise stated, equipment must meet all
mandatory regulatory and/or DHS- adopted standards to be eligible for purchase using these funds. in addition,
agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
The equipment, goods, and supplies ("the eligible equipment ") purchased with funds provided under this
agreement are for the purposes specified in "Florida's Domestic Security Strategy ". Equipment purchased
with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism - related
hazards. The sub - recipient shall place the equipment throughout the State of Florida in such a manner
that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be
available for use at a fixed location within two (2) hours of a request for said deployment. The Florida
Division of Emergency Management (FDEM) must approve any purchases of equipment not itemized in a
project's approved Initial Strategic Implementation Plan (ISIP) in advance of the purchase.
The sub - recipient will, in accordance with the statewide mutual aid agreement or other emergency
response purpose as specified in the "Florida Domestic Security Strategy," ensure that all equipment
purchased with these funds is used to respond to any and all incidents within its regional response area as
applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDEM will
take prudent and appropriate action to determine that the level or intensity of the incident is such that the
specialized equipment and resources are necessary to mitigate the outcome of the incident.
The sub - recipient shall notify the FDEM Office of Domestic Preparedness at 2555 Shumard Oak Blvd.,
Tallahassee, Florida 32399 one year in advance of the expiration of the equipment's posted shelf -life or
normal life expectancy or when it has been expended. The sub - recipient shall notify the FDEM
immediately if the equipment is destroyed, lost, or stolen.
The sub - recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise
dispose of the eligible equipment without the prior written consent of the FDEM.
B. Management and Administration - no more than 3% of each sub - recipient's total award may be expended or
Management and Administration costs.
Hiring of full -time or part-time staff or contractors/consultants:
• To assist with the management of the respective grant program
• To assist with application requirements
• To assist with the compliancy with reporting and data collection requirements
Development of operating plans for information collection and processing necessary to respond to
FEMA data calls
Overtime costs -Overtime are allowable for personnel to participate in information, investigative, and
intelligence sharing activities specifically related to homeland security and specifically requested by a Federal
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agency. Allowable costs are limited to overtime associated with federally requested participation in eligible fusion
activities including antiterrorism task forces, Joint Terrorism Task Forces (JTTFS), Area Maritime Security
Committees (as required by Maritime Transportation Security Act of 2002), DHS Border Enforcement Security
Task Forces, and Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the
Federal man -hour estimate, and only after funding for these activities from other Federal sources (i.e. FBI JTTF
payments to State and local agencies) has been exhausted. Under no circumstances should DHS grant funding
be used to pay for costs already supported by funding from another Federal source.
Operational overtime costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting,
and preventing acts of terrorism, operational overtime costs are allowable for increased security measures at
critical Infrastructure sites. FY 2013 SHSP or IASI funds for organizational costs may be used to support select
operational expenses associated with increased security measures at critical infrastructures sites in the following
authorized categories:
Backfill and overtime expenses (as defined in FOA) for staffing State or Major Urban Area
fusion centers;
Hiring of contracted security for critical infrastructure sites;
Public safety overtime (as defined in FOA)
Title 21 or State Active Duty National Guard deployments to protect critical infrastructure
sites, including all resources that are part of the standard National Guard deployment
package); and
Increased border security activities in coordination with CPB, as outlined in Information
Bulletin 135.
FY 2013 SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing by
the FEMA Administrator.
Travel expenses
Meeting - related expenses (For a complete list of allowable meeting - related expenses, please review the OJP
Financial Guide at http : //Www.oip.usdoi.ciov /F!nGuide).
Acquisition of authorized office equipment, including:
• Personal computers
• Laptop computers
• Printers
• LCD projectors, and
• Other equipment or software which may be required to support the implementation of the homeland security
strategy
The following are allowable only within the period of performance of the contract:
• Recurring fees /charges associated with certain equipment, such as cell phones, faxes, etc.
• Leasing and /or renting of space for newly hired personnel during the period of performance of the grant
program
C. Unauthorized Expenditures
• Activities unrelated to the completion and implementation of the grant program
• Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
• Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency
responders, and may not be used to hire staff for operational activities or backfiil. Funds cannot not replace
(supplant) funds that have been appropriated for the same purpose.
Construction and Renovation
Project construction using SHSP and UASI funds may not exceed the greater of $1,000,000 or 15% of the grant
award. For the purposes of the limitations on funding levels, communications towers are not considered
construction.
Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or renovation.
When applying for construction funds, including communications towers, at the time of application, grantees are
highly encouraged to submit evidence of approved zoning ordinances, architectural plans, any other locally
required planning permits and documents, and to have completed as many steps as possible for a successful
EHP review in support of their proposal for funding (e.g., completing the FCC's Section 06 review process for
tower construction projects; coordination with their State Historic Preservation Office to identify potential historic
preservation issues and to discuss the potential for project effects). Projects for which the grantee believes and
Environmental Assessment (EA) may be needed, as defined in 44 CFR 10.8 and 10.9, must also be identified to
the FEMA Program Analyst within six (6) months of the award and completed EHP review packets must be
submitted no later than 12 months before the end of the Period of Performance. EHP review packets should be
sent by the SAA to FEMA for review.
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FEMA is legally required to consider the potential impacts of all HSGP projects on environmental resources and
historic properties. Grantees must comply with all applicable environmental planning and historic preservation
(EHP) laws, regulations, and Executive Orders (EOs) in order to draw down their FY 2013 HSGP grant funds.
To avoid unnecessary delays in starting a project, grantees are encouraged to pay dose attention to the
reporting requirements for an EHP review. For more information on FEMA's EHP requirements please refer to
Bulletins 329 and 345 ( htto : / /www.femo.00vigovemmenVorant /bulletins /indes.shtm).
FY 2013 HSGP Program grantees using funds for construction projects must comply with the Davis -Bacon Act
(40 U.S.C. 3141 at seq.). Grant recipients must ensure that their contractors or subcontractors for construction
projects pay workers employed directly at the work -site no less than the prevailing wages and fringe benefits paid
on projects of a similar character. Additional information, including Department of Labor wage determinations, is
available from the following website: htto : //www.dol.Qov /comt)lianoeAaws /comp- dbra.htm.
In addition, the erection of communications towers that are included in a jurisdiction's interoperable
communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions.
Communication tower projects must be submitted to FEMA for EHP review. Per the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110 -329), communications towers
am not subject to the$ 1, 000, 000 construction and renovation cap.
Approval Process:
In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the
Division with:
• A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned,
and the construction or renovation project;
• Certification that a facility vulnerability assessment has been conducted
• An outline addressing how the construction or renovation project will address the identified vulnerabilities
from the assessment
• Consequences of not implementing the construction or renovation project
• Any additional information requested by FEMA to ensure compliance with Federal environmental and
historic preservation requirements
Additional information may also be found on the FEMA's website located at httn: //wwwfema.aov /nlan/ehn /.
Note: Written approval must be provided by FEMA prior to the use of any funds for construction or
renovation.
Overtime and Backfill Guidance
Personnel (SHSP and UASI) — Personnel hiring, overtime, and backfill expenses are permitted under this grant
in order to perform allowable FY 2013 HSGP planning, training, exercise, and equipment activities. A personnel
cost cap of up to 50 percent (50 %) of the total SHSP and UASI program funds may be used for personnel and
personnel - related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and
Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). Grantees who wish to seek a waiver
from the personnel cost cap must provide documentation explaining why the cap should be waived; waiver
requests will be considered only under extreme circumstances. In general, the use of SHSP and UASI funding to
pay for staff and /or contractor regular time or overtlme/backfill is considered a personnel cost.
For further details, please refer to Information Bulletin 358.
FY 2013 HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling
traditional public health and safety duties or to supplant traditional public health and safety positions and
responsibilities.
Definitions for hiring, overtime, and backfill- related overtime, and supplanting remain unchanged from FY 2011
HSGP,
National Incident Management System (NIMS) Compliance
HSPD -5, "Management of Domestic Incidents," mandated the creation of NIMS and the National Response Piar
(NRP). NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage
domestic incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among
Federal, State, local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for
command and management, preparedness, resource management, communications and information
management, supporting technologies, and management and maintenance of NIMS. The NRP, using the
template established by NIMS, is an all- discipline, all- hazards plan that provides the structure and mechanisms
to coordinate operations for evolving or potential Incidents of National Significance, which are major events that
"require a coordinated and effective response by an appropriate combination of Federal, State, local, tribal,
private sector, and nongovernmental entities."
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The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental
organizations that support NIMS implementation. These activities closely parallel the implementation activities
that have been required of State, territorial, tribal, and local governments since 2004 and can be found at
www.fema.pov /r)df/emeruency /nims /nao fs pdf. To integrate nonprofit organizations into the broader national
preparedness effort, DHS encourages grantees to consider pursuing these recommended activities.
Additionally, nongovernmental organizations grantees and sub - grantees will be required to meet certain NIMS
compliance requirements. This includes all emergency preparedness, response, and/or security personnel in the
organization participating in the development, implementation, and /or operation of resources and /or activities
awarded through this grant must complete training programs consistent with the NIMS National Standard
Curriculum Development Guide. Minimum training includes IS -700 NIMS: An Introduction. In addition, IS -800.a
NRP: An Introduction, Incident Command System (ICS -100), Incident Command System (ICS -200), Intermediate
Incident Command System (G -300), and Advanced Incident Command System (G -400) are also recommended.
For additional guidance on NIMS training, please refer to
htto: / /www.fema.aov /emeraency /nims /nims training shtm.
Additional information about NIMS implementation and resources for achieving compliance are available through
the NIMS Integration Center (NIC), at httu: //www.fema.cov/ emergency /nims/.
III. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March
30, June 30, September 30 and December 30) for the life of this contract.
• If a report(s) is delinquent, future financial reimbursements will be withheld until the
Recipient's reporting is current.
• If a report goes 2 consecutive quarters without Recipient providing information in the
narrative portion of the Quarterly Status Report, Report will be denied until narrative is
provided, also financial reimbursements will be withheld until the required information has
been submitted.
Programmatic Reoortino Schedule
Reporting Period
Report due to DEM no later than
January 1 through March 31
Aril 30
April 1 through June 30
July 31
JUN 1 through September 30
October 31
October 1 through December 31
January 31
2. Programmatic Reporting -BSIR
Biannual Strategic Implementation Report
After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA
will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT)
httos: //wWw.reportino.odD dhs.aov. The reporting periods are January 1-June 30 and July 1- December
31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and
reimbursement may be withheld if these reports are delinquent.
3. Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and approval at anytime
during the contract period. The Recipient should include the category's corresponding line item
number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget ".
A line item number is to be included for every dollar amount listed in the "Detail of Claims" form.
4. Close -out Programmatic Reporting:
The Close -out Report is due to the Florida Division of Emergency Management no later than 45
calendar days after the agreement is either completed or the agreement has expired.
S. Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
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Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999
through various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has
a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable
SHSGP grant guidance and statutory regulations. The monitoring process is designed to assess a recipient agency's
compliance with applicable state and federal guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary
areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring is the review of
records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the
observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic
review may be accomplished during this process.
Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-
mail and telephone. On -Site Monitoring are actual visits to the recipient agencies by a Division representative who examines
records, procedures and equipment.
Frequency of annual monitoring activity:
Each year the FDEM will conduct monitoring for up to 50% of their sub - grantees. It is important to note that although a given
grant has been dosed, it is still subject to either desk or on -site monitoring for a five year period following closure.
Areas that will be examined Include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub -hand receipt procedures;
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency NIMS /ICS compliance documentation;
Equal Employment Opportunity (EEO Status);
Procurement Policy
FDEM may request additional monitoring /information if the activity, or lack there of, generates questions from the region, the
sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case -by -case
basis.
Desk monitoring is an on -going process. Recipients will be required to participate in desk top monitoring on an annual basis
and as determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA)
and /or a site visit If the FDEM determines that a recipient is having difficulty completing their project.
As difficulties /deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via
email. Information will include the grant recipient agency name, year and project description and the nature of the issue in
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question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require
further TA will be referred to the FDEM for assistance. Examples of TA include but are not limited to:
+4• Equipment selection or available vendors
4, Eligibility of items or services
1 Coordination and partnership with other agencies within or outside the region or discipline
1 Record Keeping
4L Reporting Requirements
Documentation in support of a Request for Reimbursement
On -Site Monitoring will be conducted by the FDEM or designated personnel. On -site Monitoring visits will be scheduled in
advance with the recipient agency POC designated in the grant agreement.
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with
the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist
in the form of a peer review as needed.
All findings related to the capability review will be documented and maintained within the FDEM.
On -site Monitoring Protocol
On -site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that
federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a financial and
programmatic on -site monitoring checklist to assist in the completion of all required tasks.
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before
the planned arrival date.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder.
The physical location of any equipment located at an alternate site should be confirmed with a representative from that
location and the address should be documented in the grantee folder before the site visit.
On -Site Monitorina Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of
the site visit and the items FDEM Intends to examine will be identified. If financial monitoring visit will be conducted, they will
then explain their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed
a tour /visual /spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an
asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency
requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be
taken of the equipment (large capitol expenditures in excess of $1,000. per item),
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If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account
for that particular piece of equipment. Once the tour /visual/spot inspection of equipment has been completed, the FDEM
personnel will then conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment
voucher /reimbursement, equipment, questions, etc.
Post Monitorina Visit
FDEM personnel will review the on -site monitoring review worksheets and backup documentation as a team and discuss the
events of the on -site monitoring.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues
and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that
effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as
determined by the FDEM. Noncompliance on behalf of sub - grantees is resolved by management under the terms of the Sub
grant Agreement.
The On -Site Monitoring Worksheets, the monitoring report and all back up documentation will then be included In the
grantee's file.
A. Programmatic Point of Contact
Contractual Point of Contact
Programmatic Point of Contact
Carolyn Washington
Owen Roach
FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399 -2100
Tallahassee, FL 32399 -2100
(850) 410 -1271
(850) 410 -1599
carol n.washin ton em.m orida.com
I Owen.roach@em.mynodda.com
B. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work.
• The FDEM shall administer the financial processes.
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ATTACHMENT C
DELIVERABLES
State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven,
capabilities -based State Homeland Security Strategies to address capability targets set in Urban
Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs).
The capability levels are assessed in the State Preparedness Report (SPR) and inform
planning, organization, equipment, training, and exercise needs to prevent, protect against,
mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
In addition, the Recipient is to complete the following issues as described below throughout the
agreement period to ensure compliance and coordination with the Homeland Security Grant
Program. Items listed below are to be reviewed quarterly to ensure recipients'
compliance. Documentation supporting the completion of the issues outlined below shall be
submitted along with the Quarterly Financial report.
Ambulance Bus — which will function to provide basic medical transportation
services during large -scale disaster events and localized mass medical
emergency scenes or first responder re -hab services.
• Chassis for uplift production - $142,600
• Travel for construction inspections and meetings - $8,500
• (2) Two -way radios, 1 satellite telephone - $11,250
• Programming of two -way radios - $3,500
• Final delivery of unit - $329,650
TOTAL: $495,500
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Attachment D
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
22) Chapter 252, Florida Statutes
23) Rule Chapters 27P -6, 27P -11, and 27P -19, Florida Administrative Code
24) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
25) 44 CFR; Part 302
26) 48 CFR, Part 31
27) OMB Circular A -21, A -102, A -110, A -122, A -128, A -87 and A -133
Special Conditions
1. The Recipient shall comply with the most recent version of the Administrative Requirements, Cost
Principles, and Audit Requirements. A non - exclusive list of regulations commonly applicable to
Department of Homeland Security grants are listed below:
A. Administrative Requirements
44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (also known as the "A -102 Common Rule ").
• 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations (OMB
Circular A -110)
B. Cost Principles
• 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB
Circular A -87)
• 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A -21)
• 2 CFR Part 230, Cost Principles for Non- Profit Organizations (OMB Circular A -122)
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C. Audit Requirements for State
• OMB Circular A -133, Audits of States, Local Governments and Non Profit Organizations
2. Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA.
3. The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2012 Homeland Security Grant Program guidance and application kit.
4. The recipient shall not undertake any project having the potential to impact Environmental or
Historical Preservation (EHP) resources without the prior approval of FEMA, including but not
limited to communications towers, physical security enhancements involving ground disturbance,
new construction, and modifications to buildings, structures and objects that are 50 years old or
older, and purchase and use of sonar equipment. Recipient must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope
of work will require re- evaluation for compliance with these EHP requirements. If ground
disturbing activities occur during project implementation, the recipient must ensure monitoring of
ground disturbance, and if any potential archeological resources are discovered, the recipient will
immediately cease construction in that area and notify FEMA and the appropriate State Historic
Preservation Office. Any construction activities that have been initiated without the necessary
EHP review and approval will result in a non - compliance finding and will not be eligible for FEMA
funding.
The recipient is prohibited.from obligation or expending Operation Stonegarden (OPSG) funds
provided through this award until each unique, specific or modified county level or equivalent
Operational Order /Frag Operations Order with embedded estimated operational budget has been
reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition. The Operations Order approval process /structure is as follows:
Operations Orders are submitted to (1) the appropriate Customs and Border Protection (CBP)
Border Patrol (BP) Sector Headquarters (HQ),, upon approval by the Sector HQ, forwarded
through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG
Coordinator, CPB /BP Washington, DC and upon approval forwarded to (3) Federal Emergency
Management Agency (FEMA), Grant Programs Directorate (GPD), Grant Development and
Administration Division (GD&A). Notification of release of programmatic hold will be sent by
FEMA via email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at
CBP /BP HQ, Washington, DC.
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Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ j ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a 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 be 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
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, salary and expense projections, etc. to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety (90) days of the
contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be
returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 within thirty (30)
days of receipt. along with any interest earned on the advance)
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Attachment F
Warranties and Representations
Financial Management
2/25/2014 16.E.1331
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, and invitations for bids and /or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
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Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired. by the Recipient.
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Attachment G
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , 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 Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DEM Contract Number
Project Number
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Attachment H
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. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally- assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. 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.
9. 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 ant
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.
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10. 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.
11. 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.
12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. 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.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with 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,
16. 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.
36
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Attachment I
Reimbursement Check List
Please Note: FDEM reserves the right to update this check list throughout the life of the grant to
ensure compliance with applicable federal and state rules and regulations.
Eauibment
❑ 1. Have all invoices been included?
❑ 2. Has an AEL # been identified for each purchase?
❑ 3. If service/warranty expenses are listed, are they only for the performance period of the
grant?
❑ 4. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation; or P -Card back up documentation which will include receipt with
vendor, copy of credit card statement showing expense charged, and payment to credit
card company for that statement)
❑ 5. If EHP form needed — has copy of it and approval from State /DHS been included?
Planning
Consultants /Contras ors Note: this goplies to contractors also billed under O anization
1. Does the amount billed by consultant add up correctly?
❑ 2. Has all appropriate documentation to denote hours worked been properly signed?
❑ 3. Have copies of all planning materials and work product (e.g. meeting documents, copies
of plans) been included? (If a meeting was held by recipient or contractor /consultant of
recipient, an agenda and signup sheet with meeting date must be included).
❑ 4. Has the invoice from consultant/contrator been included?
❑ 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or P -Card back up documentation which will include receipt with
vendor, copy of credit card statement showing expense charged, and payment to credit
card company for that statement).
❑ 6. Has Attachment G (found within Agreement with FDEM) been completed for this
consultant and included in the reimbursement package?
Salary Positions Note: this applies to Positions billed under M&A and Organization as well
1. Have the following been provided: signed time sheet by employee and supervisor and
proof that employee was paid for time worked (statement of earnings, copy of payroll
check or payroll register)? Has a time period summary sheet been included for total
claimed amount?
❑ 2. Does the back -up documentation provided match the time period for which
reimbursement is being requested?
Training
❑ 1. Is the course DHS approved? Is there a course or catalog number? If not, has FDEN
approved the non -DHS training? Is supporting documentation includes you,
reimbursement request?
❑ 2. Have sign -in sheets, rosters and agenda been provided?
❑ 3. If billing for overtime and /or backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at training, hourly rate and total amount paid to
each attendee? Have print outs from entity's financial system been provided as proof
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attendees were paid? For backfill, has a clear delineation /cross reference been provided
showing who was backfilling who?
❑ 4. Have the names on the sign -in sheets been cross - referenced with the names of the
individuals for whom training reimbursement costs are being sought?
❑ 5. Has any expenditures occurred in support of the training (e.g., printing costs, costs
related to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment
must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation,
or P -Card back up documentation which will include receipt with vendor, copy of credit
card statement showing expense charged, and payment to credit card company for that
statement).
Exercise
❑ 1. Has documentation been provided on the purpose /objectives of the exercise? Such as,
SITMAN /EXPLAN.
❑ 2. If exercise has been conducted - has after - action report been included? Have sign -in
sheets, agenda, rosters been provided?
❑ 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at exercise, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation /cross reference been provided
showing who was backfilling who?
❑ 4. Have the names on the sign -in sheets been cross - referenced with the names of the
individuals for whom exercise reimbursement costs are being sought?
❑ 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in
support of the exercise? If so, receipts and proof of payment must be submitted. (E.g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card back up
documentation to include receipt with vendor, copy of credit card statement showing
expense charged, and payment to credit card company for that statement).
❑ 6. Has any expenditures occurred on rental of space /locations for exercises planning and
conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be
submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-
Card back up documentation to include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that statement).
Travel/Conferences
❑ 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts,
hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are
these receipts itemized? Do the dates of the receipts match the date(s) of
travel /conference? Does the hotel receipt have a zero balance? If applicable, have a
travel authorization and travel reimbursement form been included to account for per
diem, mileage and other travel expenses which have been reimbursed to the traveler by
sub grantee?
❑ 2. If travel is a conference has the conference agenda been included?
❑ 3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds
Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll).
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Organization
❑ 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, and #of hours spent at EOC, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation /cross reference been provided
showing who was backfilling who?
Matching Funds
❑ 1. Contributions are from Non Federal funding sources.
❑ 2. Contributions are from cash or in -kind contributions which may include training
investments.
❑ 3. Contributions are not from salary, overtime or other operational costs unrelated to
training.
For Alt Reimbursements • The Final Check
❑ 1. Have Forms 3, 4a, 4b and 4c been completed and included with each request for
reimbursement?
❑ 2. Have the costs incurred been charged to the appropriate POETE category?
❑ 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 4c?
4. Has Form 3 been signed by the Grant Manager?
❑ 5. Has the reimbursement package been entered into sub grantee's records /spreadsheet?
❑ 6. Have the quantity and unit cost been notated on Form 4b?
39
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EXECUTIVE SUMMARY
Recommendation that the Board authorize the County Manager to proceed with the development
of a grant modification within the Department of Emergency Management to receive up to $600,000
from the Florida Division of Emergency Management for the purchase of up to two (2) mass
medical multi- patient ambulance buses.
OBJECTIVE: To authorize the County Manager to proceed with coordination of a grant modification
within the Department of Emergency Management to receive surplus or excess Department of Homeland
Security Funds via the Florida Division of Emergency Management's existing re- occurring annual
performance or assistance grant(s), presently utilized by the Collier County Department of Emergency
Management as a sub - grantee. There is a limited time - availability for the 100% funding of these
vehicle(s) and a compressed but executable time -frame for procurement and delivery. The Board is
requested to authorize the Chairwoman to execute a subsequent grant modification if required by the
Division of Emergency Management and authorize staff to proceed with any necessary Budget
Amendment(s) to allow for a timely procurement.
CONSIDERATIONS: The Collier County Bureau of Emergency Services and its Emergency
Management and Emergency Medical Services division recognize the need for building local capability to
respond to an ever - increasing likelihood of mass casualty events. Just a few examples of the need for
additional casualty transport capability include recent accidents, many with buses, vans and multi- vehicle
crashes on nearby interstate highways with high numbers of on -scene patients, non - hurricane evacuation
potential of the vast number(s) of nursing homes, rest homes, hospitals, assisted living facilities including
those presently permitted and new sites under consideration. The present concern of school, workplace,
or place of assembly violence or accident potential adds to escalating needs for mass medical basic
transport capability. The vehicle(s) are capable of transporting both stretcher/bed -bound patients as well
as patients in wheelchairs. The vehicle(s) can provide refuge and re- habilitation for extended on -scene
events during hazardous materials emergencies, wildfire or extended structural fire - fighting efforts where
responder personnel and or civilians may need a basic life support assessment or first aid. The acquisition
of these vehicle(s) will allow ground ambulances and air ambulance efforts to concentrate on the most
critical patients without excessively depleting the ground ambulance fleet for other calls for service
throughout the County. The Department of Homeland Security has established these vehicle(s) as an
approved equipment acquisition toward building improvements in Homeland Security and mass- medical
preparedness efforts. These vehicles are quiet common in major metropolitan communities, and staff
deems this capability paramount due to the travel distances across our large county and the vulnerabilities
noted above. There are no vehicles of this type in Southwest Florida, so the ability to seek additional
mass- medical transport capability is limited by the availability of ambulances from adjacent counties and
the possible interruption or possible delay of service to other calls for service within Collier County. The
County EMS Department may utilize the vehicle for special events activities or other mass medical
potential operations.
Collier County Emergency Management will follow a competitive procurement process as required by the
terms and conditions of the grant and county policy. County staff is proposing, due to the compressed
acquisition schedule mandated by the sunset of the availability of the funds from the Division of
Emergency Management bidding, an "add or alternate bid" as which is further challenged by the limited
number of ambulance bus up- fitters, and the availability of chassis(s) for this time sensitive procurement.
The add or alternate bid efforts will include either the procurement of one (1) one extended chassis
ambulance bus or the delivery of up to 2 (two) standard chassis ambulance busses. While two standard
chassis ambulance buses are preferred to improve response time and to share mass - casualty patients
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delivery at multiple hospitals, the determining factor will be; after all specifications are met, that the
vehicle(s) can be completed and delivered within the limited grant performance period and approved by
the Florida Division of Emergency Management.
The Department of Emergency Management has the logistics staff capable of ensuring the vehicle's
reliability. The vehicle does not require any special driver /operator license classifications and all
necessary EMS field and administrative staff will be trained on the operation of the vehicle for
deployment. The basic supplies housed on the vehicle are readily available from both the current disaster
supply inventory within the EMS and EM departments. If one vehicle is acquired in the procurement
process noted above it will be housed at the Emergency Service Center, of two smaller vehicles are
procured they will be spaced geographically to the extent possible within the County. The Department of
Emergency Management, EMS and the dependent fire district personnel have adequate staff available on-
call after -hours to deploy the vehicle anywhere in the region.
The Department of Emergency Management is scheduled to make a presentation to the Public Safety
Authority on November 13th regarding this initiative. This Executive Summary is brought forward at this
time due to the advisement on November l st. by the Florida Division of Emergency Management of the
last minute availability of funds, albeit with a compressed time schedule. Staff is confident of the
endorsement of this initiative by the Public Safety Authority and has received support for this effort
presently by the Florida Chief of the Bureau of Emergency Medical Services, the County Medical
Director, and the Director of Public Health- Florida, Collier County, Dr. Joan Colfer. Staff will invite
members of the Public Safety Authority as well as the Director of Fleet Services to provide input on the
technical specifications of the vehicle.
FISCAL IMPACT: The acquisition of the vehicle(s) will be 100% funded by the grant modification
discussed above. Staff estimates that the annual operating cost to the County for the vehicle will be
approximately $2,500 per year and it is further anticipated the vehicle(s) will have an 18 -year operating
life. The County is under no obligation to replace the vehicle(s) at the end of the life - cycle. The vehicle
will be titled to the Collier County Board of County Commissioners. The County will be responsible for
any travel cost associated with meetings and vehicle construction inspection visit(s). Three inspection
meetings are typically required for such emergency vehicles. Those travel cost will be absorbed by the
agencies participating in the project.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Any grant
modification will be reviewed by the County Attorney's Office prior to presentation to the Chair for
signature. This item requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this
action.
RECOMMENDATION: That the Board of County Commissioners authorizes the County Manager to
coordinate a modification to an existin` State Emergency Management grant with the Department of
Emergency Management. Further, authorize the Chairwoman to execute a grant modification if required
at the earliest convenience and direct staff to proceed with the necessary Budget Amendment(s) in order
to proceed at the earliest convenience with the procurement in support of the time constraints by the fund
offering by the Florida Division of Emergency Management.
PREPARED BY: Dan E. Summers, Director, of Bureau of Emergency Services
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