Agenda 04/28/2009 Item #16F 1
.;genda Ilem No. 16F1
April 23. 2009
Page 1 of 31
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EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a
Modification to the Fiscal Year 2009 Emergency Management Preparedness
and Assistance Grant accepting $18,834 and approve a Budget Amendment
to recognize and appropriate the revenue.
OBJECTIVE: For the Board of County Commissioners to approve and authorize
the Chairman to sign a modification to the FY 09 Emergency Preparedness and
Assistance Grant accepting $18,834 in Federal Funds and approval of a budget
amendment needed to recognize and appropriate the revenue.
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CONSIDERATIONS: The Federal Emergency Management Agency (FEMA)
through the Florida Department of Community Affairs annually makes funds
available for local emergency management programs. The County has been
awarded $18,834 in Federal funds for FY09 through a supplemental award which
has been granted due to surplus Federal money from FY07/08. The acceptance
of these Federal funds requires a dollar for dollar local government match which
has been provided for within Emergency Management's General Fund operating
budget. The award will be expended by the Emergency Management
Department prior to the deadline of July 31st, 2009 per the agreement.
FISCAL IMPACT: An increase, by budget amendment, of 18,834 to the FY09
Emergency Management Administrative Grant (118) operating budget. The local
match of $18,834 is included in the FY-09 Emergency Management General
Fund (001) operating budget.
LEGAL CONSIDERATIONS: This item is not quasi-judicial and as such ex
parte disclosure is not required. This item requires a majority vote only. This
item is legally sufficient for Board action. - CMG
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve and
authorize the Chairman to sign Grant Agreement #09-BG-20-09-21-01 totaling
$18,834 from the Florida Division of Emergency Management for emergency
management program enhancement and approve the associated budget
amendment.
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Prepared by: Christine Chase, Sr. Administrative Assistant
Departrnent of Emergency Management
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMM!SSICiI'.JERS
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item :,)0,16 1
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Recommendation to approve and authorce lhe Chairman to sign a Modification to the Fiscal
Year 2009 Emergency Management Preparedness and ,A,sslstance Grant accepting $18834
and :3pprove a Budget Amendment to recogn,zE and appropriate the revenue
4/28'2009900.00 AM
Prepared By
Christine Chase
County Manage:-'s Office
Senior Administrative Assistant
D<lte
Emergency Management
4191200910:30:33 AM
Approved By
Dan E. Summers
County Manager's Ojfiee
Bureau of Emergency Services Director
Date
Bureau of Emergency Servic~s
4f9/2009 10:35 AM
Approved By
Co!!een Greene
County Attorney
Assistant County Attorner
County Attorney Office
Date
4113120094:48 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
4114!2009 8:25 AM
Approved By
Marlene J. roor:!
Administrative Servkes
Grants Coordinator
Date
Administr.(!ri\f~ SRr...i,:-:.;:;s Admin.
4/15:2009 "\ :06 PM
A_pprov('d By
OMS Coordinator
County Manager's Office
OM8 Coordinator
Date
Office of rv'lanagement & Budget
4/17,'2.009 ~U5 AM
:\pprm:ed fly
Laura Davisson
County Manager's Office
Managernent & Budget Analyst
Date
Offk.e of Management r~ Budget
4/17/2009 11 :19 AM
Approwd By
Leo E. Ochs, Jr.
Beard of County
Comm:sSloners
Deputy County Manager
Date
County Manager's Office
4f18/2C09 -:2:05 PM
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Contract Number: 09-BG-20-09-21-01-
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, Attachment A
and Budget, Attachment 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 August 1,2008, and shall end July 31. 2009, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTPACT
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-8?, "Cost
Principles for State and local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Cjrcular No, A-122. "Cost Principles for Nonprofit Organ!zations." If this Agreement is
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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.
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 - Attachment A, the Budget - Attachment 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
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(d) If the Recipient is a State or local government or a non-profit organization as defined in
OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal
awards In its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal awards
expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal
resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMS 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:
Department of Community Affairs
Office of Audit SerJices
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us)
and
Division of Emergency Management
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399,2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10lh Street
Jeffersonville, IN 47132
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Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB
Circular A-133, as revised.
(I) Pursuant to Section .320 (I), 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:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us)
and
Division of Emergency Management
(program office)
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 applicabie regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
Ul 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.
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(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) Quarterlv reports are due to the Division no later than 30 days after the end of
each Quarter of the proQram vear and shall be sent each Quarter until submission of the
administrative close-out report. The endinQ dates for each Quarter of the prOQram year are March
31. June 30, SeptemlJer 30 and December 31.
(c) The ciose-out report is due 30 days after termination of this Agreement or 30 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.
(I) 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 Deiiverables 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 A.ttachment A and 8 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
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(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fia.
Stat., the Recipient is soiely 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 10 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 anyone or
more of the following remedies, either concurrently or consecutively:
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(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:
(I) 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
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(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: ienene.helms@em.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan Summers
Collier County Emergency Management
3301 Tamiami Trail East, Building F
Naples, Florida 34112
Telephone: 239-252-8000
Fax: 239-252-5008
Email: DanSummers@collierQovnet
(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.
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(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.
F or 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 conftict 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 - Scope of Work
Attachment B - Budget
Attachment C - Program Statutes and Regulations
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 $18,834, subject to
the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
FlaStat and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
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(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-B?, 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.
)-.ll f'r 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 Budget, Attachment B of this
Agreement.
(d) 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 (20)(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.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar
from non-federal funds.
All payments relating to this Agreement shall be mailed to the following address:
(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.
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(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 confiict, 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, anyone of which
may be taken as an onginal.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seo.), which prohibits discnmination by public and private entities
on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(I) Those who have been placed on the convicted vendor list following a conviction for
a public entity crime or on the discriminatorv 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
inellglbie, or voluntarily excluded from covered transactions by a federal department or agency;
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?2g~ 1.1 '::f 1
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 iocal) 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(9)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.
U) 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.
(I) 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
12
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,:::1
Section 274A(e) of the INA Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286011. 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.
(0) 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 infiuence 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 infiuencing or attempting to infiuence 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 C:lppropriated runds have been paid or will be
paid to any person for infiuencing or attempting to infiuence 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 tllis 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 sub reCipients 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
13
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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
Fiorida.
(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.
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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 caused this contract to
be executed by their undersigned officials as duly authorized.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Diana Fiala, Chairman
Date:
FEID# 59-60000558
ATTEST: Dwight E. Brock, Clerk
By:
Deputy Clerk
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAiRS
By:
Approved as to Form and Legal Sufficiency
t&ffJPAA.7v1 ~
Assistant County Attorney
Name and Title: W. Craiq Fuqate, Director. Division of Emerqencv Manaqement
Date:
I
,
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.
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EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: U. S. Deol. of Homeland Security/Federal Emeroency Manaoement Aoency
Cataiog of Federal Domestic Assistance title and number: Emeroency Manaoement Performance
Grants/97.042
Award amount: 18,834
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
Federal Program:
Emeroency Manaoement Performance Grants
The recipient must comoly with the reGuirements outlined in:
1. Fiscal Year 2007 - EmerGency ManaGement Perfonnance Grant: Supplemental Guidance
2. Fiscal Year 2008 - EmerGency ManaGement Performance Grant Guidance
16
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Attachment A
Scope of Work
The Recipient must use the additional EMPG funds as awarded under this Agreement to
supplement and augment the tasks being accomplished under the EMPAlEMPG County subgrant,
including but not limited to:
1. Promoting public education on disaster preparedness and recovery issues
2. Enhancing coordination of relief efforts of statewide private sector organizations, including
public-private business partnership efforts
3. Improving the training and operations capabilities of responsibilities in the Florida
Comprehensive Emergency Management Plan
4. Furthering state and local emergency management objective that promote solutions for
removing barriers to emergency preparedness. These may include, but are not limited to:
a. Community Emergency Response Teams (CERTs)
b. County/Local Emergency Operations Centers/Emergency Management Incident
Management Teams (IMTs)
c. Public information and education building on the theme of "Get A Plan"
d. Special needs population to include the low income, the frail, elderly, disabled and
language barriers
e. Care and sheltering of people with their pets
f. Transportation issues
17
Attachment B
Budget
The anticipated expenditures for the Categories listed below are for the 2007 Supplemental and the
additional 2008 Emergency Management Performance Grant funds.
Jl" in No.iSF1
28, 20C'<0
20;1f 1
CateQorv
Anticipated Expenditures Amount
Salaries/Fringe Benefits
$
$ G I CA)O
$ L, , b0D
$ C:, , ~3 Y
Other Personal Services
Expenses
Operating Capital Outlay
Fixed Capital Outlay $
Total Federal Funds $
18
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Attachment C
Proaram Statutes and Reaulations. and Proaram Reauirements
Proqram 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
Proaram Reauirements
(1) 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,1 02, 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.
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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 Area Coordinator, and a final close-out
report, all in a format to be provided by the Division.
B. 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, June 30 and September
30.
C. The final close-out report is due thirty days after termination of this Agreement.
D. 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
98-19.014, 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.
E. All report formats provided by the Division shall be made available to the Recipient on the
Division's Internet site and a hard cOPv will be mailed with a fullv executed copv of the AQreement.
20
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Attachment E
Recipient:
JUSTIFICATION OF ADVANCE PAYMENT
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)(a)(b), Florida Statutes. The amount which may be advanced shall not
exceed the expected cash needs of the recipient within the initial three months.
- - - - - - - - -- - - -- - - - -- - - ~ - -- -- - --
-------------------------------------------
,
,
,
,
, ,
l_ _ _ _ _ _ __ _ _ _ _ __ ___ _ _ _ _ _ _ __ ___ __I
No advance payment is requested. :
,
,
,
,
,
:[ J NO ADVANCE REQUESTED
:[ ] ADVANCE REQUESTED
Payment will be solely on a reimbursement
,
,
'Advance payment of $ is requested. Balance of
,
. payments will be made on a reimbursement basis. These funds are
:needed to pay staff, and purchase start-up supplies and equipment. We
~\~,:u~d_ r:o~ ~~ ~b~e_t~ ~re!,:t: ~h~ p~o?:.a~_~i~h?~t_t~i: ~d_v~,:c~._ _ _ _ __
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
DESCRIPTION
(A)
FFY 2006
(B)
FFY 2007
(C)
FFY 2008
(D)
Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
I 3 I AVERAGE PERCENT EXPENDED IN FIRST I I I
i I THREE MONTHS i i I
I (Divide line 2 bv line 1.\
21
4qene:3 Item r'..Jo. 1 ') 1
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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 $
Cell 03 EMPG Award
=
MAXIMUM ADVANCE
22
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REQUEST FOR WAIVER OF CALCULA TED MAXIMUM
[ ] Recipient has no previous EMPG 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
I BUDGET CATEGORY 2008-2009 Anticipated Expenditures for First Three
Months of Contract
SalarieslOPS
!
Program Expenses
.
TOTAL EXPENSES
Explanation of Circumstances
23
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26 elf
Attachment F
Warranties and Representations
Financial Manaoement
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 OMS 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 confiicts 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 R.ecipient's interest to do so
24
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Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award. or administration of a contract supported by public grant funds if a real or apparent
confiict of interest would be involved. Such a confiict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 'is A ,'Y\- C) I'm men - {:',.-, .
UcensinQ and PermittinQ
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
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27 c)f rJ
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
26
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Aplll 28. 2003
28 of 31
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Attachment H
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS 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.
27
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8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Pubiic 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 identifled 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
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 Financiai and Administrative Guide for
Grants, M71 00.1; 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 iaws 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
28
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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 wili 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.
29