Backup Documents 09/28/2010 Item #16F 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN'
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines 41 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 lines #1 throiieh as comnlele the ehar4n�t —A f ...,.,.a — c..., U:..,.. 1:_. —
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
-----------------------------------
9/28/10
Agenda Item Number
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2.
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Original document has been signed /initialed for legal sufficiency. (All documents to be
3 . 1 e, to h ; � c r 6 , ( In 4 e A% ----------------------------- - - - - -
c u.A r h E V ff i ce
Number of Original
4 (NEED ALL FOUR
4.
-----------------------------------
by the Office of the County Attorney. This includes signature pages from ordinances,
CB
9/28/ 10
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
TO SUBMIT TO THE
6 Minutes and Records
Clerk of Court's Office
STATE)
tsummary. Ar ,>SibrNey-S no-me, _pYL� IS t cast' � V `" oClainei -�'S .
PRIMARY CONTACT INFORMATION PU6-k he -t%f. 5I J%ne� .
ry contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
Primary contac t information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item. )
Name of Primary Staff
Contact
CHRISTINE BONI
Phone Number
252 -3617
Agenda Date Item was
9/28/10
Agenda Item Number
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Ap roved by the BCC
Original document has been signed /initialed for legal sufficiency. (All documents to be
Type of Document
GRANT AGREEMENT
Number of Original
4 (NEED ALL FOUR
Attached
by the Office of the County Attorney. This includes signature pages from ordinances,
Documents Attached
ORIGINALS RETURNED
resolutions, etc. signed by the County Attorney's Office and signature pages from
TO SUBMIT TO THE
contracts, agreements, etc. that have been fully executed by all parties except the BCC
STATE)
Purf G I I , j fA6-x Sf G }�G 'Y'`�� c�1 NSTRUCTI S & CHECKLIST
1: Forms/ County Forms / BCC Forms/ 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)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
�, R
6
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
Office and all other parties except the BCC Chairman and the Clerk to the Board3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian 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 �1 : 1C (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
�,
Count Attorne 's Office has reviewed the chan es, if ap licable.
1: Forms/ County Forms / BCC Forms/ 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: October 4, 2010
To: Christine Boni, Senior Admin. Assistant
Bureau of Emergency Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Sub -grant agreement w /Florida's Division of Emergency
Management for Emergency Mgmt. Program Enhancements
Attached, for further processing are the four original sub -grant agreements
referenced above (Item #16F1), approved by the Collier County Board of
County Commissioners on Tuesday, September 28, 2010.
After forwarding to the State for signature we request a fully executed copy is
returned to our office so a complete document is on file for the Board's Official
Record.
If you have any questions, please call 252 -8406.
Thank you.
Attachments (4)
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MEMORANDUM
Date: October 4, 2010
60 Christine Boni, Senior Admin. Assistant
Bureau of Emergency Services
, Ann Jennej ohn, Deputy Clerk
Minutes & Records Department
Re: Sub -grant agreement w /Florida's Division of Emergency
Management for Emergency Mgmt. Program Enhancements
Attached, for further processing are the four original sub -grant agreements
referenced above (Item #16F1), approved by the Collier County Board of
County Commissioners on Tuesday, September 28, 2010.
After forwarding to the State for signature we request a fully executed copy is
returned to our office so a complete document is on file for the Board's Official
Record.
If you have any questions, please call 252 -8406.
Thank you.
STATE OF FLORIDA
DIVISION OF EMERGENCY
CHARLIE CRIST
Govemor
October 20, 2010
Certified Mail
Collier County Emergency Management
8075 Lely Cultural Parkway, Suite 445
Naples, Florida 34113
Attn: Mr. Dan Summers
Ref: 11- BG- 05- 09 -21 -01 -130
Dear Mr. Summers,
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MANAGEMENT
DAVID HALSTEAD
Director
@I
Enclosed is a fully executed copy of the 2010 -2011 Emergency Management
Preparedness and Assistance Program Base Grant Agreement between your county and the
Division of Emergency Management.
Please read Paragraph 14, Subcontracts carefully. Your county may subcontract for
services with these funds; however, the agreement contains specific requirements. It is
imperative that this position be followed.
Financial Reports /Reimbursement Requests: When submitting the required quarterly
reports to this Division, be certain to use the enclosed Financial Report/Reimbursement
Request forms. Claims not submitted on the proper form cannot be processed and will be
returned to the County for correction. Deadlines for submitting these reports are listed in
Attachment D of your Agreement. A copy of the report form is included in this package for your
use.
Program Progress Reports: We will continue to use the semi - annual summary progress
report form to assess your county's progress on applicable items in Scope of Work. Your State
Emergency Management Regional Coordinator will be in contact with you to schedule two
progress assessment meetings during the year to review the status of your work items.
Historical Summary of Expenditures: In order to ensure compliance with Attachment D,
paragraph E of this Agreement and with Rule 9G- 19.011, Florida Administrative Code, historical
expenditure summary information relating to your county's Emergency Management Program is
required. This form must be prepared and signed by an official of the County's Finance
office. You need to provide only the FY 2009 -2010 (October 2009 - September 2010)
information. This information is due no later than December 31, 2010. This form is also
included in this package for your use.
tIDA RECOVERY OFFICE DIVISION HEADQUARTERS STATELOGIOSyIDCSecEOrsRow
36 Skyline Drive 2555 Shumard Oak Boulevard Orlando, FL 32809 -5631
Lake Mary, FL 32746 -6201 Tallahassee, FL 32399 -2100
Tei: 850 - 413 -9969 • Fax: 850- 488 -1016
www FloridaDisaster ora
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Collier County
Page 2
October 20, 2010
2010 -2011 Staffing Detail: Attachment D, paragraph F of this Agreement requires a
Staffing Detail form for all Staff in the Emergency Management Office for the current fiscal year
is also required and is due not later than December 31, 2010. Forms for these items are also
provided in this package for your use. Please provide us with a copy of the current Position
Description detailing the duties and responsibilities for ALL POSITIONS to be paid from
these funds, including the full -time Emergency Management Director as defined in ,Section
9G.- 19.002(6), Florida Administrative Code.
Scope of Work Requirements: Attachment A and A -1, Scope of Work, lists items
required under this Agreement. An after - action report must be submitted within thirty (30) days
following full or partial County Emergency Operation Center (EOC) activation when activated at
a level equivalent to a State EOC level two (2) or above during the period of this Agreement.
Also, within 60 days of execution of this Agreement, you must provide copies of any new or
updated ordinances currently in effect which expressly address emergency management,
disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation
of the local emergency management program provided in s.252.38, Florida Statutes.
As a reminder, prior written approval must be obtained from the Division of Emergency
Management for any motor vehicle purchased with funds provided under this Agreement as
required under Program Requirements, Attachment C, (3) Vehicles.
All referenced report forms are available electronically from your contract manager.
We look forward to working with you again this year. If you have any questions
regarding this program, please call me at 850 -413 -9920 or e-mail
jenene.heimsCcD-em.mvflorida.com
Helms
Division of Emergency Management
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Contract Number: 11- BG- 05- 09- 21 -01- 139
CFSA Number: 52.008
STATE - 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 C.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on October 1, 2010 and shall end June 30, 2011, 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 Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost
Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational
Institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for - profit) organization on a cost - reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(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.
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2. Records for the disposition of non - expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the 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 nonstate entity as defined by Section 215.97, Fla. Stat., it shall
comply with the following:
If the Recipient expends a total amount of State financial assistance equal to or more than
$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific
audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement shows the State financial assistance awarded by this Agreement. In determining the State
financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial
assistance, including State funds received from the Division, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass - through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes
submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the
event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost
of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities). Additional information on the
Florida Single Audit Act may be found at the following website: htta:// www .state.fl.us/fsaa/statutes.html.
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(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. Copies of financial reporting packages required under this Paragraph 6 shall
be submitted by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
[an electronic copy shall also be submitted to aurilia .parrish@dca.state.fi.us]
and
Division of Emergency Management
Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Any reports, management letter, or other information required to be submitted
to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on
time as required under OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Division or the
Department of Community Affairs for audits done in accordance with OMB Circular A -133 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Recipient in
correspondence accompanying the reporting package.
(f) If the audit shows that all or any portion of the funds disbursed hereunder 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.
(g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla.
Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant
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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 submitted to the Division no later than
nine (9) months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a dose -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 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
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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;
(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 -retum 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.
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(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Jenene Helms
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: 850 -413 -9920
Fax: 850 -488 -7842
Email: jenene.helms @em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan Summers 0_
Collier County
8075 Le{y Cultural Parkway, Suite 445
Naples, Florida 34113
Telephone: 239- 252 -3600
Fax: 239 - 252 -3609
Email: dansummers @colliergov.net
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(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 vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A and A -1 — Scope of Work
Attachment B — Budget
Attachment C — Program Statutes, Regulations and Program Requirements
Attachment D — Reports
Attachment E — Justification of Advance
Attachment F — Warranties and Representations
Attachment G — Certification Regarding Debarment
Attachment H — Statement of Assurances
Attachment I — Change Sheet
(17) FUNDING /CONSIDERATION
(a) By execution of this Agreement, the Recipient also authorizes the Division to pay on
its behalf $2,312 for the recurring charges for the satellite communications service from the total
allocation provided to Recipient of $79,355.
(b) 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 $77,043,
subject to the availability of funds.
(c) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A -87, A -110, A -122 and the Cash
Management Improvement Act of 1990. 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
7
16F1
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
(d) 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 forty -five days of receiving notice from the Division.
The amount of funds available pursuant to this rule chapter (Rule 9G- 19.011, Florida
Administrative Code) may be adjusted proportionally when necessary to meet any matching requirements
imposed as a condition of receiving federal disaster relief assistance or planning funds.
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. The Division may make an award of additional funds by subsequent
modification. 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.
The terms of this Agreement shall be considered to have been modified to include the additional funds
upon execution of the modification 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.
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.
At a minimum, the Recipient shall continue to provide other funding for the Recipient's
Emergency Management Agency at an amount equal to either: (1) the average of the previous
three years' level of county general revenue funding of the Recipient's Emergency Management
Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last
fiscal year, whichever figure Is lower (Rule 9G- 19.011, Florida Administrative Code). Recipient's
general revenue funding for 911 services, emergency medical services, law enforcement, criminal
justice, public works or other services outside the local emergency management agency as
defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of
county funding of the Recipient's Emergency Management Agency." The Recipient shall certify
compliance with Rule Chapter 9G -19, Florida Administrative by Its execution of this Agreement,
and as a condition precedent to receipt of funding.
8
16F1
All payments relating to the Agreement shall be mailed to the following address:
1Ila Couan�I C�>�rks iranc�.. �,C.
330► T mia;& Tma E •
Bldci Q
tJVan S _ Fl 3411
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of `Department of Community Affairs', and mailed directly to the following address:
Department of Community Affairs
Cashier
Finance and Accounting
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.
(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
9
16f 1
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(8)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.
(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.
10
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(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 expenditures of state financial assistance shall be in compliance with the laws,
rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference
Guide for State Expenditures.
(p) The Agreement may be charged only with allowable costs resulting from obligations
incurred during the term of the Agreement.
(q) Any balances of unobligated cash that have been advanced or paid that are not
authorized to be retained for direct program costs in a subsequent period must be refunded to the State.
(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.
11
16F1
(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. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
12
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(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 COMMISSIO RS
By: �Z�L'j Cal _
Fred W. Coyle, Chairm n
Date: 9/a 4/0
FEID# 59- 60000558
ATEghi''E Brock, Clerk Approved as to Form and Legal S �ffii n cy
B
s . N., , ' ,Deputy Clerk Jennifer B. Whit ssistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: �-
Name and Title: David Halstead Director Florida Division of Emergency Management
Date:
13
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EXHIBIT —1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number)
State Awarding Agency: Division of Emergency Mariagernerrt
Catalog of State Financial Assistance Title: Emergency Management Programs
Catalog of State Financial Assistance Number. 52008
State Financial Assistance: $79,355 (less $2,312 for satellite service for 9 months)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G -19, Florida Administrative
Code.
Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county
emergency management plans and programs.
Eligible recipients for these funds are the 67 Florida counties.
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient. .
14
16f 1
Attachment A and A -1
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
intended to enhance county emergency management plans and programs that are consistent with the
State Comprehensive Emergency Management Plan and Program (reference 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.
As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work
items approved by the Division and attached hereto as Attachment A -1. Subsequent revisions during the
term of this Agreement shall be a written modification in accordance with Paragraph (4) of this
Agreement.
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Attachment B
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a), FUNDING/
CONSIDERATION)
Category
Salaries/Fringe Benefits
Other Personal Services
Expenses
Operating Capital Outlay
Fixed Capital Outlay
Anticipated Expenditure Amount
$ -9.
$
$ 53,000
$ --
Total State Funds $
(see section 17 — Funding /Consideration)
24
Lw
16F1
Attachment C
Program Statutes, Regulations and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 9G-6, 9G -11, 9G -19 and 9G -20, Florida Administrative Code
3. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal
Earth Station and related equipment (hereinafter "the Equipment").
The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the
State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network
Systems, Inc. ( "HNS "), and the Division, (a copy of which is available from the Division) regarding the
procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network
Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the
Division) (hereinafter, collectively, "the HNS Agreements ") regarding the operation of an interactive
satellite communications service for the Division, the Recipient and other sites. In particular, the
Recipient agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and any requests for
repairs, service, maintenance or the like, shall be communicated directly and exclusively to the
Division's State Watch Office (SWO) (850) 413 -9910.
B. That the Recipient will assist and comply with the instructions of the SWO and any technical service
representative responding to the report or service request. Recipient's personnel shall cooperate with
and assist service representatives, as required, for installation, troubleshooting and fault isolation,
with adequate staff.
C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment,
accessories, attachments and related items without the express written approval of the Division.
D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment
and related areas and locations of the Recipient's facilities and premises, and will arrange permitted
access to areas of third -party facilities and premises for the purpose of inspecting the Equipment and
performing work related to the Equipment. Service representatives and others performing said work
shall comply with the Recipient's reasonable rules and regulations for access, provided the Division is
promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe
access to the Equipment and will maintain the environment where the Equipment is located in a safe
and secure condition. The Recipient shall provide service representatives with access to electrical
power, water and other utilities, as well as telephone access to the Recipient's facility as required for
efficient service.
25
16F1
E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment
from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure
insurance. The Division agrees to procure and maintain all risks insurance coverage on the
Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner
which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS
Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow
the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and
tear resulting from its intended use. The Recipient shall immediately report any damage, loss,
trouble, service interruption, accident or other problem related to the Equipment to the SWO, and
shall comply with reasonable instructions issued thereafter.
F. That any software supplied in connection with the use or installation of the equipment is subject to
proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Division's
vendor(s). The use of one copy of said software is subject to a license granted from HNS to the
Department, and a sublicense from the Division to the Recipient, to use the software solely in the
operation of the Equipment, to commence on delivery of the software to the Recipient and to last for
the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone else
to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to
create or attempt to create, by reverse engineering or otherwise, the source programs or any part
thereof from the object programs or from other information provided in connection with the
Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or
license the software to any third party.
G. To comply with these provisions until the termination of the HNS Agreements.
H. The amounts retained for the satellite service cover the initial order for services provided to the
Division pursuant to the services agreement between Hughes Network Systems and the State of
Florida. The charge does not cover maintenance, repair, additional equipment and other services not
part of the initial order for services. The service charge covers only the remote corrective
maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other
maintenance, repair, additional equipment and other services not part of the initial order for services.
In particular, the service charge does not cover:
Maintenance, repair, or replacement of parts damaged or lost through catastrophe,
accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external
damage to the equipment, such as, but not limited to, failure of, or faulty, electrical
power or air conditioning, operator error, failure or malfunction of data communication
equipment not provided to the Recipient by the Division under this Agreement, or from
any cause other than intended and ordinary use.
Changes, modifications, or alterations in or to the equipment other than approved
upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the equipment or any accessories, attachments
or other devices.
26
16F1'
The Recipient shall be independently responsible for any and all charges not part of the initial service order.
(2) NAWAS
The Florida National Warning System ( NAWAS) is a U.S. Department of Homeland Security product that
shall be monitored 24 hours a day /365 days a year. The U. S. Department of Homeland Security supplies the line
and one handset to the recipient at no cost_ Additional equipment, connections and handsets are the
responsibility of the recipient.
(3) VEHICLES
Written approval from the Director of the Division of Emergency Management must be obtained prior to
the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such
approval, the Division has no obligation to honor such reimbursement request. Any trade -in or resale
funds received relating to any vehicle purchased under this subgrant is program income and must be
applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base
Grant expenditures.
(4) PROPERTY MANAGEMENT /PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in securing goods and
services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall
utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-
102 - Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose
for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient.
The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and
applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 9G-6, 9G -11, and 9G -19, Florida Administrative Code, Chapter 252, Florida
Statutes, and appropriate administrative rules and regulations that guide the emergency management program
and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management, Preparedness and
Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program
under the Trust Fund be used to match funds received from another program under the Trust Fund. The
Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services,
law enforcement, criminal justice, fire service, public works or other services outside the emergency management
responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances
27
16F1
emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management
Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement
(SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full -time Director
consistent with Rule 9G- 19.002(6), Florida Administrative Code,
6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or partial County
Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2)
or above during the period of this Agreement, then the Recipient shall, within forty-five (45) days following the
conclusion of the activation, evaluate the performance of all elements of the local emergency management
program during that activation, and provide a written after action report to the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to
educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and other personnel
only if the Recipient's Emergency Operation Center or field command office is in an activated status and
personnel receiving food /beverage are on duty at either of these locations. Purchases may be made only under
(1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local
officials in response to an emergency event or threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or
updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local
emergency management program provided in s.252.38, Florida Statutes.
28
16F1
Attachment D
Reports
A. The Recipient shall provide the Division with quarterly financial reports, semi - annual summary progress
reports prepared in conjunction with the Division's Regional Coordinator, 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 a sampling of documentation listed below will be
requested by your contract manager for each quarter. If you wish to submit one or two items (i.e.,
Invoice and check/proof of payment) with your reports, this will suffice unless other sample
documents are deemed necessary for audit purposes 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 county.
• Salaries: Supply copies of timesheets documenting hours worked and proof employee was paid
(i.e., earning statements/pavroll registries)
• OPS /Contractual Services: Copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices, checks and canceled checks related to these
services.
Expenses: Copies of invoices/receipts, checks and canceled checks
o If traininglexercise is provided by contractor, an agenda, training materials, exercise
materials and copies of sign -in rosters of attendees should be included. If planning is
provided then will need copies of planning materials and work products (i.e., meeting
documents, copies of completed plans, etc.)
o For travel and conference 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.
OCO: Copies of invoices/receipts, checks and canceled checks
FCO: Copies of invoices/receipts, checks and canceled checks
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 December 31, March 31 and June 30.
D. The final close -out report is due forty-five days after termination of this Agreement.
E. In addition to the above, in order to ensure compliance with Rule 9G- 19.011, Florida Administrative Code,
historical budgetary information relating to the Recipient's Emergency Management Program is also
required. This information shall be developed based on guidelines provided by the Department and shall
be submitted to the Division no later than December 31, 2010. The Historical Information form must be
prepared and signed by an official of the County's Finance Office.
29
16F1
F. In a format provided by the Division, a proposed staffing summary and the counties position descriptions
shall be submitted to the Division not later than December 31, 2010.
G. 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), and Rule 9G- 19.014, Florida
Administrative Code. "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.
30
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
16F1
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.
ANO 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
cig`13 Co-
0_;
' 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:
Cell D3
X $ _
DEM Award
(Do not include any match)
31
MAXIMUM ADVANCE
(A)
(B)
(C)
(D)
DESCRIPTION
FFY 2008
FFY 2009
FFY 2010
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:
Cell D3
X $ _
DEM Award
(Do not include any match)
31
MAXIMUM ADVANCE
16f 1
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ ] Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and Explanation of
Circumstances below.
[ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated
above.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed.
ESTIMATED EXPENSES
Explanation of Circumstances:
32
200 -200 Anticipated Expenditures for First Three Months
BUDGET CATEGORY
of Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
32
Attachment F
Warranties and Representations
Financial Management
16F1'
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 conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
33
16F1
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.
34
16F1
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
Recipient's Name
Name and Title DCA Contract Number
Street Address
City, State, Zip
Date
35
16F1
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 financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
36
16F1
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 $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
37
16F1
Attachment I
CHANGE SHEET
Whenever there is a change to any information listed in the Telephone Directory, please note changes on
this change form and submit it to our office as soon as possible. It is imperative for this directory to be as
accurate as possible in the event of an emergency. A copy of these changes will be forwarded to the
other counties on the Change Form included in the Telephone Directory.
County:
Emergency Management Contact/Director:
Mailing Address:
Physical Address:
Office Phone:
Home Phone:
Fax:
Suncom:
Warning Point Phone:
Duty Pager:
Cellular Phone:
Warning Point Fax:
Internet Address:
Assistant Director:
Office Phone:
Pager:
Cellular Phone:
Home Phone:
Other Staff:
Directions to EOC:
38
16F1
Directions to EM Office:
County Officials:
Mayor:
Office Phone:
Fax:
Chairman:
Office Phone:
Fax:
County Administrator:
Office Phone:
Fax:
Assistant County Administrator:
Office Phone:
Fax:
Sheriff:
Office Phone:
Fax:
Superintendent:
Office Phone:
Fax:
American Red Cross: (include Chapter)
Office Phone:
Fax:
Other:
Submit.changes to4he State-iN' itch Office by e-tr 't- EOC =fl atiatso tn:rrt}(<tOtida dmvik by fax at._
B5Q-4$ - 784f qr at the foUov q
_c
- _ — tvisior "hergenc�F management
- � _ T ' -
-= 2555 Sfiumard -bak Sou►evard _ .
== - Tallahassee; Florida 33399 -2-100
cm