Backup Documents 06/28/2011 Item #16F3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l 6 F 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original oheumenlu should Ix: hurl doIiverc,. I„ the Board Ocoee. I he completed routing slip and original
documents are to he forwarded m the Board On-ice only after the Board has tah-,n ::Minn on tlue item_:
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates., and/or information needed. If the document is already complete with the
exception of the Chairman's signature. draw a line through routine line, #1 thnnmh #a r.mnlrt, th, rh"Oi.t a.A r--d In 6... of l— n:.... xc�
Route to Addressee(s)
(List in muting order
Office
Initials
Date
I.
-----------------------------------
appropriate.
(Initial)
Applicable)
2.
-----------------------------------
6/28/11
Agenda Item Number
16173
3.
---- --------- -- --- --- -------- - - - - --
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
_
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6/28/11
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Documents Attached
�/Z 5
6. Minutes and Records
_
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who cremed/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, need to contact staff for additional or missing information. All original
docaments needing the RCC Chairman', aignatum a e to h, deli erred to th, of "t' mm .n nnly odl— rh, of Y• h.. .-,,,A ................ e,..:,.,.« I
Name of Primary Staff
Christine Boni
Phone Number
252 -3617
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
6/28/11
Agenda Item Number
16173
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Grant Award
Number of Original
Please return all
Attached
resolutions, etc, signed by the County Attorney's Office and signature pages from
Documents Attached
46riginals. Thank you.
Sets"#
INSTRUCTIONS & C14Vf' l JS'.T n,t fi i
1: Fortes/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
I.
Original document has been signed /initialed for legal sufficiency. (All documents to be
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signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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_
document or the final negotiated contract date whichever is applicable.
4.
"Sign here " tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
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should be provided to tan Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of YOUr deadlines!
6.
The document was approved by the BCC on - 6/28/1 I (enter date) and all
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changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
1: Fortes/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
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MEMORANDUM
Date: June 30, 2011
To: Christine Boni, Administrative Assistant
Bureau of Emergency Services
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Federally- Funded Subgrant Agreement
Attached for further processing are four (4) originals of the document referenced above,
(Item #16F3) approved by the Board of County Commissioners June 28, 2011.
After forwarding to the State's Division of Emergency Management for required
signature please return a fully executed original to this office for the Board's Official
Record.
Minutes & Records MUST receive an original back or we will
start sending the documents to the State to insure we get them
back.
If you have any questions, please feel free to call me at 252 -8411.
Thank you.
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Contract Number: 12- FG- _- 09 -21 -01 -078
CFDA Number: 97.042
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,
(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 received these grant funds from the State of Florida, and 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 Scope of Work and Budget,
Attachment A, A -1 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 B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2011 and shall end June 30, 2012, 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
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.
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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 Scope of
Work and Budget - Attachment A, A -1 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 Department or 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 Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a 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 -1331 as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
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Division of Emergency Management
Policy and Financial Management
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.htmI
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 addresses:
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Division of Emergency Management
Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(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 notified the Recipient of such non - compliance.
0) 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
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report. The ending dates for each quarter of the program year are September 30, December 31, March 31
and June 30.
(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 Paragraph (11) REMEDIES. "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 and information identified in Attachment D.
(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 A -1 to this Agreement, and reported in the quarterly 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 or the Department determines that a
limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the 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 herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ( "Events of Default "), all obligations on the part of the
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.
(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;
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(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 may, 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:
1. 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.
(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
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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:
Jenene Helms
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: 850 -413 -9920
Fax: 850 -488 -7842
Email: lenene.helms(aem myflorida com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers
8075 Lely Cultural Pkwy
Suite 445
Naples, FL 34113
Telephone:239- 252 -3600
Fax:239- 252 -3700
Email: danielsummers(c�colliergov net
christinebon i @colliergov, 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.
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(c) This Agreement has the following attachments
Exhibit 1 - Funding Sources
Attachment A and A -1 —Scope of Work
Attachment B — Budget
Attachment C — Program Statutes, Regulations and Special Conditions
Attachment D — Reports
Attachment E — Justification of Advance
Attachment F — Warranties and Representations
Attachment G — Certification Regarding Debarment
Attachment H — Statement of Assurances
(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 $91,806, 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 may be advanced may not exceed the expected cash needs of the
Recipient within the first three 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. If an advance payment is requested below, 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.
An advance payment of $ is requested
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Scope of Work and Budget,
Attachment A, A -1 and B 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.
Any requests received after July 31, 2011, may, in the discretion of the Division, not be reimbursed
from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission or by e-mail.
Changes to the amount of funding to be provided may be accomplished by notice from the Division
to the Recipient, in the form of certified mail, return receipt requested. The Division may make an award of
additional funds by subsequent Award Letter certified mail, return receipt requested These additional funds
may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph
(13), above. Should the Recipient determine it does not wish to accept the award of additional funds, the
Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter.
Otherwise, the Recipient shall provide to the Division its written notice of acceptance within forty -five days of
receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to
include the additional funds upon the Division's receipt of the written notice of acceptance and receipt of a
budget form which details the proposed expenditure of the additional funds. The budget form will be
provided by the Division when the offer of additional funds is made.
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
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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.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from
non - federal funds.
All payments relating to the Agreement shall be mailed to the following address:
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite #700
Naples, FL 34112
(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 215.34(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 Division 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 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 se Q. , 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.
16F3
(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.
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.
(j) 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
16F3
(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. 1 Da, unless it would not be in the public interest or unreasonable in cost.
(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 Form to Report Lobbying."
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 FLORIDA.
(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
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.
16F3.4
The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(2) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under
this Agreement and that its governing body has authorized the execution and acceptance of
the 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
I
By: L4 W .
Fred W. Coyle, Ch an
Date:
FEID# 59- 60000558
A ST: Qwig ,,�B�riQkk,, CIlerJC Approved as to Form and Legal Sufficiency
nt.tUitn� Colleen Greene, A sistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Bryan Koon, Director Florida Division of Emergency Management
Date:
16F3
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. DHS /FEMA
(Department of Homeland Security /Federal Emergency Management Agency)
Catalog of Federal Domestic Assistance title and number: EMPG /97.042
(Emergency Management Performance Grant)
Award amount: $91,805
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Chapter 252, Florida Statutes
Rule Chapters 9G -6, 9G -11, and 9G -19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
48 CFR, Part 31
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:
1. 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, National
Preparedness Directorate Fiscal Year 2011 Emergency Management Performance Grants Program.
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 CircularA -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.
Attachment A and A -1
Scope of Work
16F3
Base Grant funding from the Emergency Management Performance Grant is intended for use by the
Recipient to perform the following eligible activities as identified in the United States Department of
Homeland Security, Federal Emergency Management Agency, Fiscal Year 2011 Emergency Management
Performance Grants Program and programs that are consistent with Title 44, Code of Regulations (CFR)
Part 13, State Rule Chapter 9G -6, Florida Administrative Code and Chapter 252, Florida Statutes). This
Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that
each county has a unique geography, faces unique threats and hazards, and serves a unique population.
In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its
Emergency Management Program.
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16F3
16F3
Attachment B
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Performance Grant (EMPG) awarded by the Division.
Category
Organizational Costs
Planning Costs
Training Costs
Exercise Costs
Equipment Costs
Management & Administration Costs
(limited to 3% of the total)
Anticipated Expenditure Amount
$ 0
$ 30.000
$ 20,000
$ 20.000
$ 21,805
E:
Total EMPG Funds $ 91.805
(see section 17 — Funding/Consideration)
17
Attachment C 1 6 F 3
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 9G -6, 9G -11, and 9G -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 grantee and any subgrantee 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
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)
18
16F3
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)
• Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
C. Audit Requirements
• OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations
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 uses of funds under this grant will be in accordance
with the FY 2010 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.
19
16F3
Attachment D
Reports
A. The Recipient shall provide the Division with quarterly financial reports and a final close -out
report, all in a format to be provided by the Division. All report formats provided by the Division
shall be made available to the Recipient on the Division's Internet site and a hard copy will be
mailed with a fully executed copy of the Agreement.
B. The Recipient shall provide the Division with full support documentation (per information
bulletin # 341) for the quarterly financial reports. To eliminate large files and mailings, the
Division will accept back up documentation on a CD if desired by the Recipient.
• Organizational Activities: Includes salaries and expenses (depending upon eligibility).
Supply copies of timesheets documenting hours worked and proof employee was paid (i.e.,
earning statements /payroll registries). Copies of invoices and canceled checks related to
these services.
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or
sub - contractors providing services. Copies of invoices, checks and canceled checks and
copies of planning materials and work products (i.e., meeting documents, copies of
completed plans (if submission of plans is for DEM then only need to provide date of
submission and who submitted plan /product to), etc.).
Training Costs: Provide copies of contracts, MOUs or agreements with consultants or
sub - contractors providing services. Copies of invoices, checks and canceled checks and a
copy of the agenda, sign in rosters and any training materials provided.
• Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or
sub - contractors providing services. Copies of invoices, checks and canceled checks and a
copy of the agenda, sign in rosters and any exercise materials provided.
• Equipment Acquisition Costs. Copies of Invoices /receipts, checks and canceled checks.
AEL# for each purchase.
• Management and Administrative Costs: Supply copies of timesheets documenting hours
worked and proof employee was paid (i.e., earning statements /payroll registries).
• For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc )
Receipts must be itemized and match the dates of travel /conference. If conference, a copy of
the agenda must be provided Proof of payment is also required for all travel and
conferences.
• Copies of the general ledger each quarter should also be provided.
C. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year;
are due to the Division no later than thirty days after the end of each quarter of the
program year; and shall continue to be submitted each quarter until submission of the
final close -out report. The ending dates for each quarter of this program year are
September 30, December 31, March 31 and June 30.
D. The final close -out report is due forty -five days after termination of this Agreement.
20
16F3
E. If all required reports prescribed above are not provided 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 such other action as set forth in Paragraphs (10), (11) and (12).
"Acceptable to the Division" means that the work product was completed in accordance with
generally accepted principles, guidelines and applicable law, and is consistent with the Scope of
Work.
21
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
16F3
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested,
budget data on which the request is based must be submitted. Any advance payment under this Agreement is
subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash
needs of the Recipient within the initial three months of the Agreement.
[ ] NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
ADVANCE REQUEST WORKSHEET
[ ] 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 worksheet
' First three months expenditures need only be provided for the years in which you requested an advance. If you do not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X S
Cell D3 DEM Award
(Do not include any match)
22
MAXIMUM ADVANCE
(A)
(B)
(C)
(D)
DESCRIPTION
FFY 20_
FFY 20_
FFY 20_
Total
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
' First three months expenditures need only be provided for the years in which you requested an advance. If you do not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X S
Cell D3 DEM Award
(Do not include any match)
22
MAXIMUM ADVANCE
16F3
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
( I Recipient has no previous DEM /DCA contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
I Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if
needed.
ESTIMATED EXPENSES
Explanation of Circumstances:
23
200-200 Anticipated Expenditures for First Three Months
BUDGET CATEGORY
of Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
23
Attachment F
Warranties and Representations
Financial Management
�6F3
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, 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.
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
24
1 6 F 3
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.
25
Attachment G
Subcontractor Covered Transactions
16F3
(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
DCA Contract Number
26
16'3
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.
T It will insure 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.
27
16F3
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 and
Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
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 i$ for 8500,000 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
28
16F3
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.
29
16F3
MEMORANDUM
Date: June 30, 2011
j Christine Boni, Administrative Assistant
Bureau of Emergency Services
Fro Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Federally- Funded Subgrant Agreement
Attached for further processing are four (4) originals of the document referenced above,
(Item #16F3) approved by the Board of County Commissioners June 28, 2011.
After forwarding to the State's Division of Emergency Management for required
signature please return a fully executed original to this office for the Board's Official
Record.
Minutes & Records MUST receive an original back or we will
start sending the documents to the State to insure we get them
back.
If you have any questions, please feel free to call me at 252 -8411.
Thank you.
�, : _
16F3
Contract Number: 12 -FG4 - 09 -21 -01 -078
CFDA Number: 97.042
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,
(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 received these grant funds from the State of Florida, and 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 Scope of Work and Budget,
Attachment A, A -1 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 B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2011 and shall end June 30, 2012, 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
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.
16F3
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 Scope of
Work and Budget - Attachment A, A -1 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 Department or 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 Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a 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 each of the following addresses:
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Division of Emergency Management 1 6 F 3
Policy and Financial Management
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
htto'/ /harvester census gov /fac /collect/ddeindex.htmI
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 addresses:
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Division of Emergency Management
Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399 -2100
(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 notified the Recipient of such non - compliance.
0) 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 September 30, December 31, March 31
and June 30.
(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 Paragraph (11) REMEDIES. "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 and information identified in Attachment D.
(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 A -1 to this Agreement, and reported in the quarterly 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 or the Department determines that a
limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the 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 herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ( "Events of Default "), all obligations on the part of the
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:
(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,
16F3
(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 may, 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:
1. 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.
(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
1 b IF 3
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:
Jenene Helms
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: 850 -413 -9920
Fax: 850-488-7842
Email: ei nene.helms(dem.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers
8075 Lely Cultural Pkwy
Suite 445
Naples, FL 34113
Telephone: 239-252-3600
Fax 239-252-3700
Email: danielsummers(d)colliergov.net
christineboni@colliergov.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.
16 F 3,161
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A and A -1 —Scope of Work
Attachment B — Budget
Attachment C — Program Statutes, Regulations and Special Conditions
Attachment D — Reports
Attachment E — Justification of Advance
Attachment F — Warranties and Representations
Attachment G — Certification Regarding Debarment
Attachment H — Statement of Assurances
(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 $91,805, 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 may be advanced may not exceed the expected cash needs of the
Recipient within the first three 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. If an advance payment is requested below, 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.
An advance payment of $ _ is requested
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Scope of Work and Budget,
Attachment A, A -1 and B 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.
Any requests received after July 31, 2012, may, in the discretion of the Division, not be reimbursed
from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission or by e-mail.
Changes to the amount of funding to be provided may be accomplished by notice from the Division
to the Recipient, in the form of certified mail, return receipt requested. The Division may make an award of
additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds
may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph
(13), above. Should the Recipient determine it does not wish to accept the award of additional funds, the
Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter.
Otherwise, the Recipient shall provide to the Division its written notice of acceptance within forty -five days of
receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to
include the additional funds upon the Division's receipt of the written notice of acceptance and receipt of a
budget form which details the proposed expenditure of the additional funds. The budget form will be
provided by the Division when the offer of additional funds is made.
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.
16F3
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.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from
non - federal funds.
All payments relating to the Agreement shall be mailed to the following address:
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite #700
Naples, FL 34112
(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 215.34(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 Division 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 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 se g. , 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.
16F3
(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.
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.
(j) 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.
16 � 3 4
(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.
(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 Form to Report Lobbying."
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 FLORIDA.
(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
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.
16F3
The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(Z�LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under
this Agreement and that its governing body has authorized the execution and acceptance of
the 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CO j
By: LJ. ('A
Fred W. Coyle, ChaWhan
Date: L � I I I
FEID# 59- 60000558
ATT ST pwy Brecl<, Clem Approved as to Form and Legal Sufficiency
ALt*lRq&u,%X 12W.. Colleen Greene, A sistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: man Koon, Director, Florida Division of Emergency Management
Date:
16F3
EXHIBIT — 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE* 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. DHS /FEMA
(Department of Homeland Security /Federal Emergency Management Agency)
Catalog of Federal Domestic Assistance title and number: EMPG/97.042
(Emergency Management Performance Grant)
Award amount: $91,805
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Chapter 252, Florida Statutes
Rule Chapters 9G -6, 9G -11, and 9G -19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
48 CFR, Part 31
OMB Circular A-21, A -102, A -110, A -122, A -128, A -87 and A -133
NOTE- 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:
1. 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, National
Preparedness Directorate Fiscal Year 2011 Emergency Management Performance Grants Program,
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 CircularA -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.
16F3
Attachment A and A -1
Scope of Work
Base Grant funding from the Emergency Management Performance Grant is intended for use by the
Recipient to perform the following eligible activities as identified in the United States Department of
Homeland Security, Federal Emergency Management Agency, Fiscal Year 2011 Emergency Management
Performance Grants Program and programs that are consistent with Title 44, Code of Regulations (CFR)
Part 13, State Rule Chapter 9G -6, Florida Administrative Code and Chapter 252, Florida Statutes). This
Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that
each county has a unique geography, faces unique threats and hazards, and serves a unique population.
In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its
Emergency Management Program.
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16F3
-Lbf 3
Attachment B
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Performance Grant (EMPG) awarded by the Division.
Category
Organizational Costs
Planning Costs
Training Costs
Exercise Costs
Equipment Costs
Management & Administration Costs
(limited to 3% of the total)
Anticipated Expenditure Amount
$ 0
$ 30,000
$ 20,000
$ 20.000
$ 21,805
Total EMPG Funds $ 91,805
(see section 17 — Funding /Consideration)
17
16F3
Attachment C
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 9G -6, 9G -11, and 9G -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 grantee and any subgrantee 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
• 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)
IR
16F3
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)
• Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
C. Audit Requirements
• 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 uses of funds under this grant will be in accordance
with the FY 2011 Emergency Management Performance Grants 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.
19
16F3
Attachment D
Reports
A. The Recipient shall provide the Division with quarterly financial reports and a final close -out
report, all in a format to be provided by the Division. All report formats provided by the Division
shall be made available to the Recipient on the Division's Internet site and a hard copy will be
mailed with a fully executed copy of the Agreement
B. The Recipient shall provide the Division with full support documentation (per information
bulletin # 341) for the quarterly financial reports. To eliminate large files and mailings, the
Division will accept back up documentation on a CD if desired by the Recipient.
• Organizational Activities: Includes salaries and expenses (depending upon eligibility).
Supply copies of timesheets documenting hours worked and proof employee was paid (i.e.,
earning statements /payroll registries). Copies of invoices and canceled checks related to
these services.
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or
sub - contractors providing services. Copies of invoices, checks and canceled checks and
copies of planning materials and work products (i.e., meeting documents, copies of
completed plans (if submission of plans is for DEM then only need to provide date of
submission and who submitted plan /product to), etc.).
Training Costs: Provide copies of contracts, MOUs or agreements with consultants or
sub - contractors providing services. Copies of invoices, checks and canceled checks and a
copy of the agenda, sign in rosters and any training materials provided.
Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or
sub - contractors providing services. Copies of invoices, checks and canceled checks and a
copy of the agenda, sign in rosters and any exercise materials provided.
Equipment Acquisition Costs: Copies of Invoices /receipts, checks and canceled checks.
AEL# for each purchase.
• Management and Administrative Costs: Supply copies of timesheets documenting hours
worked and proof employee was paid (i.e., earning statements /payroll registries).
For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel /conference. If conference, a copy of
the agenda must be provided. Proof of payment is also required for all travel and
conferences.
• Copies of the general ledger each quarter should also be provided.
C. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year;
are due to the Division no later than thirty days after the end of each quarter of the
program year; and shall continue to be submitted each quarter until submission of the
final close -out report. The ending dates for each quarter of this program year are
September 30, December 31, March 31 and June 30.
D. The final close -out report is due forty -five days after termination of this Agreement.
20
16F3
E. If all required reports prescribed above are not provided 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 such other action as set forth in Paragraphs (10), (11) and (12).
"Acceptable to the Division" means that the work product was completed in accordance with
generally accepted principles, guidelines and applicable law, and is consistent with the Scope of
Work.
21
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
1
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested,
budget data on which the request is based must be submitted. Any advance payment under this Agreement is
subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash
needs of the Recipient within the initial three months of the Agreement.
[ ] NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
ADVANCE REQUEST WORKSHEET
[ ] 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 worksheet
First three months expenditures need only be provided for the years in which you requesteo an aavance. it you no not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 DEM Award MAXIMUM ADVANCE
(Do not include any match)
22
(A)
(B)
(C)
(D)
DESCRIPTION
FFY 20_
FFY 20_
FFY 20_
Total
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES`
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
First three months expenditures need only be provided for the years in which you requesteo an aavance. it you no not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 DEM Award MAXIMUM ADVANCE
(Do not include any match)
22
16 t-
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous DEMIDCA contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
[ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if
needed.
ESTIMATED EXPENSES
Explanation of Circumstances:
23
200_ -200 Anticipated Expenditures for First Three Months
BUDGET CATEGORY
of Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
23
16F3
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.
25
16x3
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
DCA Contract Number
26
16F3
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 insure 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 fnancia
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.
27
16F3
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 and
Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
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.
W.
16F 3
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.
29
Attachment F
Warranties and Representations
Financial Management
16F3
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, 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.
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
24