Agenda 07/28/2009 Item #16F 7Iy `3, 2009
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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 $77,198 in grant funds and approve a Budget Amendment to recognize and
appropriate the revenue.
OBJECTIVE: Board of County Commissioners' approval of a modification to the
FY 09 Emergency Preparedness and Assistance Grant accepting S77,198 in Federal funds
and approval of a budget amendment needed to recognize and appropriate the revenue.
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 $77,198 in Federal
funds for FY 09 through a modification to the existing Emergency Preparedness &
Assistance Grant, Agreement #09- BG- 03- 09- 21 -01, approved by the Board of County
Commissioners on October 28th, 2008 Item 161.2. 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. For FY 09, $42,000
was anticipated from this source and was budgeted for salaries and benefits in the
Emergency Management General Fund operating budget. The additional $35,198 of
Federal funds will be recognized and appropriated by budget amendment. This award
increases the total funding under this agreement to $175,924.
FISCAL IMPACT: An increase, by budget amendment, of S35,198 to the FY 09
Emergency Management Grant Fund (118) operating budget. The local match of.
$77,198 is included in the FY -09 Emergency Management General Fund (001) operating
budget.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's
Office, requires majority vote, and 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 a
modification to the FY 09 Emergency Preparedness and Assistance Grant accepting
$77,198, approve a budget amendment to recognize and appropriate the revenue, and
authorize the Chairman of the Board to execute the Award Letter.
Prepared by: Christine Chase, Sr. Administrative Assistant
Department of Emer-eticy Management
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Agenda || ern No. 15 F7
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COLLIER COUNTY
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eDAmDOF COUNTY COMMISSIONERS
Item Number: 16p7
Item Summary: pecommendaoonto approve and- au|xonze the Chairman »osign o Modification mthe riocy|
Year zOOS Emergency Management Preparedness and Assistance Grant accepting $77,196
in grant funds and approve m auggetAmondment to recognize and appropriate the revenue.
Meeting Date: 7/28/2009 9,00:00 AM
Prepared By
Christine Chase
Senior Administrative Assistant
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County Manager's Office
Emergency Management
7/1512009 1:13:11 pm
Approved By
co/|eanGn*eve
Assistant County «ttv,ner
Date
County Attorney
cnvnty Attorney Office
7115/2909 1:39 pM
Approved By
Jrnma/zxow
County Attorney
Date
County Attorney
County Attorney office
711512009 4:15 Phil
Approved By
Dan E. Summers
Bureau v/Emergency Services Director
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County managor'son/ce
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Contract Number: 09- BG- 03- 09- 21 -011
STATE and 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 rafnrrarl tQ aC 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 Budget and Scope of Work,
Attachment A 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, 2008 and shall end on September 30, 2009,
unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
k4) MODIr'll.A 'ON 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 Govemrrients," OMB Circular No. A 21, "Cost Principles for Educational
Institutions." or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement
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• 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.
2. Records for the disposition of non - expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and 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
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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
For Federal Funds:
' (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.
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(c) The Recipient shall provide the Department with the records, reports or financial
r statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
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0 (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 PYr1P.ndPfl shrnilti be ir? aertvdanra wi }h tha'1,iirfeiinae ac ohlieheri by Mile .7.'"C,,::18rA-13',
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A -133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A. -133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of
the audit must be paid from non - Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A -133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
010113 Circular A -133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affai
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
[also send an electronic copy to aurllla .parn'sh@dca.state.fi.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 10"' Street
Jeffersonville, IN 47132
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For State Funds:
(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.
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Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB
Circular A -133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee; Florida 32399 -2100
[also send an electronic copy to aurllla .parrlsh@dca.state.fi.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
ERecipient
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
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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 by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Sta . 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.
For State Funds:
(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 proiect- specific
audit for such fiscal year in accordance with Section 215.97, Fla. Sta .; 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 compiles 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 maybe found at the following website: htto:?/ www .state.fl.ustfsaa /statutes.html.
(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.
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S3. 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 aurilla.parrish @dca.state.fl.us]
and
Division of Emergency 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 govemmental 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 or a public accountant licensed under Chapter 473, Fla. Sta . 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.
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(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 and 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 nuarter of the program year are March 3+, June 30, September 30
and December 31.
(c) The close -out report is due 60 days after termination of this Agreement or 60 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 to this Agreement, and reported in the quarterly report.
in addition to reviews of audits Conducted in acvordanc„e with paragraph (S) above, mor -4 —ring
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, Fla.
Ste, 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 whiw 1 result it
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:
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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 anv monies used for ineliaible
purposes under the laws, rules and regulations governing the use of these funds. v
(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;
ff) 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) TERivlNA-1110N.
(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. $tat., 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 tine 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.
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(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 -4198
Email: ]engine helms(cvem mvflorida corn
--9 (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, Bldg F
Naples, Florida 34112
Telephone: 239 -252 -8000
Fax: 239 - 252 -5008
Email: dansummers(&collieroov net
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work reaulred under this Aareement. 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
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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
(1 71N 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 $98,726,
subject to the availability of fends.
(b) By its execution of this Agreement, the Recipient also authorizes the Division to pay
on its behalf $2,847 for the recurring charges for the satellite communications service from the total
allocation provided to Recipient of $101,573.
(c) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla. at. 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 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
n
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 Budget and Scope of Work,
Attachment A and 8 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 (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.
The amount of funds available pursuant to this rule chapter (Rule Chapter 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 October 31, 2009, may, in the discretion of the Division, not be
reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile
transmission.
Changes to the amount of funding to be provided may be accomplished by notice from the
Division to the Recipient, in the form of certified mail, return receipt requested. The Division may make an
- award of additional funds by subsequent Award Letter certified mail, return receipt requested. These
additional funds may be accepted by the Emergency Management Director or the Recipient's contact
identified In Paragraph (13), above. Should the Recipient determine it does not wish to accept the award
of additional funds, the Recipient shall provide notice to the Division contact within thirty (30) days of
receipt of the Award Letter. Otherwise, the Recipient shall provide to the Division its written notice of
acceptance within forty -five days of receipt of the Award Letter. The terms of this Agreement shall be
considered to have been modified to include the additional funds upon the Division's receipt of the written
notice of acceptance and receipt of a budget form which details the proposed expenditure of the
additional funds. The budget form will be provided by the Division when the offer of additional funds is
made.
All funds received hereunder shall be placed in an interest - bearing account with a separate
account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the
Recipient by the Division that are not expended in implementing this program shall be returned to the
Division, along with any interest earned on all funds received under this Agreement, within ninety (90)
days of the expiration of the award Agreement.
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The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and
Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
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 averaas of the pnevlous
three years' level of county general revenue funding of the Recipient's Emergency Management
Agency; or (2) the level of funding for the Recipients 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
deflned 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.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar
from non - federal funds.
All payments relating to the Agreement shall be mailed to the following address:
(18) REPAYMENTS
All re`.n ds or repayments due to "le 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.
13
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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 are 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 at e . , which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, suloontmctor, 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,
14
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attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each Intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement
Is contingent upon an annual appropriation by the Legislature, and subject to any modification In
accordance with Chapter 216 Fla. Stat. or the Florida Constitution
(i) All bills for fees or other compensation for services or expenses shall be submitted in
0 detail sufficient for a proper preaudit and postaudii Thereof.
G) 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 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
285.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
15
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. S at.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by Its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will he 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
ipaid 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 shaii 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
a,� 6� e, ,+rnn wac 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 W rH THE PERFORMANCE
OR
W]
1 3
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre - existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre - existing intellectual property which is disclosed. Failure to disclose will Indicate that no such property
exists. 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: COk-NTY IER CO NTY
BOARD OF G MMISSIONERS
By:
Tom Henning, Chairm
Date: / 0'2- $ f G?
FEID# 59- 60000558
w ,-
ATTEST Dwight Brock; Clerk Approved as to F
_ orm and Legal Sufficiency
Depu. C1
Assistant ounty Attorney
Attef
f gn�tW"e o�1i r
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By: L4&—L0-
Name and Title: W. Crai F iate Director Division of Emer enc Mana ement
Date: 11"2- - 0-1
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EXHIBIT -1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT:
Federal Program
Federal Agency: U.S. DHS/FEMA
(Department of Homeland Security /Federal Emergency Management Agency)
Catalog of Federal Domestic Assistance title and number EMPG /97.042
(Emergency Management e, V1{Nance Grant)
Award amount: (Federal funds will be awarded at a later date)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable at this time. Federal funds will be awarded at a later data within this contract year.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: SUBJECT TO SECTION 216.97, FLORIDA STATUTES:
State Project (►st State awarding agency, Catalog of State Financial Assistance .f tfe and number)
® State Awarding Agency: Division of Emergency Management
Catalog of State Financial Assistance Title: Emergency Management Programs
Catalog of State Financial Assistance Number: 62008
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMEf-1f ARE AS FOeL O::":?:
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.
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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). A separate budget form for the Ememency Management
Performance Grant (EMPG) portion of this subgrant will be provided when federal funds are
awarded by the Division
Category
Salaries/Fringe Benefits
Other Personal Services
Expenses
Anticloated Expenditure Amount
g
Operating Capital Outlay $
LI
Fixed Capital Outlay $
Total State Funds $
(see section 17 - Funding/Consideration)
33
Attachment C
Program Statutes, Regulations and Program Requirements
Proaram 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 terns and conditions of: (1)
the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes
Network Systems, Inc. ('HNS7, 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 Warning Point (SWP) (850) 413 -9910.
B. That the Recipient will assist and comply with the instructions of the SWP 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, trouble-
shooting 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.
34
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 represen-
tatives 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.
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 taws, 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
ether problem related to the Equipment to the SNAP, and shall comply with reasonable
instrJct ions 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 HMS'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 per an else to copy or dupli ate, 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,
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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:
1. Maintenance, repair, or replacement of parts damaged or lost through
catastrophe, accident, lightning, theft, misuse, fault or negligence of the
Recipient or causes external 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
�n the Division under this Agreement, or from any cause other than intended and
ordinary use.
2. 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.
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
3,6
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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 Dtvision 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 wh'ch 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) Sy Ifts 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.
5
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(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 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
3 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.
38
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(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.
11,
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f_'Ite _. UL 0
I
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. 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 electronically no later than
is December 31, 2008. In addition, the funds associated with the 2007 EMPG Supplemental and
the additional 2008 EMPG funds must be included on this form. The Historical information form
must be oreoared and signed by an official of the County's Finance Office.
E. In a format provided by the Division; a proposed staffing summary shall be submitted to the
Division not later than December 31, 2008.
F. 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.
G. Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Division.
40
H. 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
Aareement.
C7
41
E]
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
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 shalt not exceed the expected cash
needs of the Recipient within the i W21I three .enths of the Agreement.
V( NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
!"
[ J ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate
forms and purchase start -up supplies and equipment. We
would not be able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
if.,..., fl,. —i.eerino an advance_ complete the following worksheet
rest three montns ezpenmu.ros Jl . v..q — N. �• ...� __. -.- - -- - - have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
Cell D3
X S
BEM Award
(Do not include any match)
42
MAXIMUM ADVANCE
(A)
(B)
(C)
(D)
DESCRIPTION
FFY 2006
FFY 2007
FFY 2008
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.)
rest three montns ezpenmu.ros Jl . v..q — N. �• ...� __. -.- - -- - - have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
Cell D3
X S
BEM Award
(Do not include any match)
42
MAXIMUM ADVANCE
C
REOUEST FOR WAIVER OF CALCULATED MAXIMUM
[ ] Recipient has no previous DEMIDCA contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
( J Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses chart and Explanation of Circumstnnc-- below. Attach additional pages if
needed.
ESTIMATED EXPENSES
Explanation of Clrcumvtances:
n
43
,1
200-200 Anticipated Expenditures for First Three Months
BUDGET CATEGORY
of Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Clrcumvtances:
n
43
,1
Ir-
Attachment F
Warranties and Representations
Financial Management
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.
m (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
44
_ifs -�F
F1
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.
Business Flours
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 anw Pe^nittinc
All subcontractors or employees hired by the Rewpient shall have sll current licenses and permits
rgnuired for all of the particular work for which they are hired by the Recipient.
45
�r
�-�:_ -iii' ,��it 3•.ti J. �6
J E 2 8 2 r):; =7
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:
Rv.
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DCA Contract Number
46
Z_, 7 f
0
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. 0. 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 AA�L.
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, particuiady
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.
11
47
r,genda 1, -i
Ji1v 29, 2 9
P @ :r8 u` i 3
•
S. 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
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 t 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.
48
&I
C7
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 reaulations 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.
49
YYC i ;` Ill No. 16F7
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
CHARLIE CRtST
Governor
June 22, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Collier County Emergency Management
8075 Lely Cultural Pkwy Suite 445
Naples, Florida 34113
Attn: Dan E. Summers
Re: AWARD Letter
Agreement # 09- BG- 03- 09 -21 -01 -159
Dear Mr. Summers,
RUBEN D. ALMAGUER
Interim Director
RECEIVED
,IUN 2 6 zoos
EMERGENCY MANAGEMENT
In accordance with Paragraph 17(d) of the above reference Agreement, this
award Letter serves as a legal modification to your Base Grant Agreement. This Award
Letter provides Federal funds to your County in the amount of $77,198.
These funds continue to require a dollar for dollar non - federal match.
Please ensure that your County can provide the required additional match before
accepting these funds.
This Award letter increases your County's total amount of funding under this
Agreement to $175,924. You must return the attached budget form (Attachment A -1)
showing the anticipated expenditure of the Federal funds. All other terms and
conditions of the Agreement shall remain in full force and effect. Please make this a
pact of your Agreement File.
Should the County not wish to accept these additional funds, then the County
must provide notice to the Division within thirty (30) days of receipt of this Award Letter.
Otherwise the County shall provide to the Division Its written notice of
acceptance withlin forty -five (45) days of receipt of the Award Letter. In
accordance with Paragraph 17(d) of the above referenced Agreement, the terms of this
Agreement shall be considered to have been modified to include the additional funds
upon receipt by the Division of the written notice of acceptance.
FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER
36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Raw
Lake Mary, FL 32748.8201 Tallahassee, FL 32398 -2100 Orlando, FL 328095831
Tel 850-413 902 • Fax: 850 - 488.1016
www.FloriQFDisanter 013
County EM Director
Page Two
It is important to note that in previous years' agreements, both the state
Emergency Management Preparedness and Assistance (EMPA) and federal
Emergency Management Performance Grant (EMPG) portions of the Agreement would
have ended on September 30 of that year.
Under this years modification, the EMPG portion of this Agreement in the
amount of $77,198 will have until June 30, 2010 to be expended. The remaining EMPA
portion of this Agreement must be expended on or before September 30, 2009.
You may indicate your acceptance of these funds by signing and returning this
Award Letter with the attached budget page to Donald Kunish, Florida Division of
Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-
2100.
Respectfully,
RLIben D. Aimaguer, nierim Director
Division of Emergency Management
RDA/
Attachment
■■ aaaaaaa�aaaaaaaaasaaaaaaaasaaasaaaaa�aaaaaaaaaaaaaaaa�aaaraeaaaaaaaaaaraaaaar
i accept the additional funds and agree to all terms and conditions as set forth in the
EMPA Base Grant Agreement.
County: (�f 1fer
Authorized Official:
Title: [ 7'lr l f N)OLn s A'Ja-Vn GT rA u 'ti Il t 'rr nn t �tG rr er
Date:�� -
�"'Aoproved as to form & legal sufficiency
Cotteen Graes�,
' Assistant County Attorney
ATTES'C
DWIGHT E. BROCK, Clerk
By:
s
Attachment A -1
Budget
The anticipated expenditures for the Categories listed below are for the Emergency
Management Performance (EMPG) Federal portion of this subgrant only (Paragraph
(17)(d), FUNDING /CONSIDERATION).
91teaou Anticipated Expenditures Amount
Salaries /Fringe Benefits $ °410�
Other Personal Services $
Expenses $i LlR'
Operating Capital Outlay $ �, G CC)
Fixed Capital Outlay
Management & Admin. Costs
(not to exceed 2.5 %)
Total Federal Funds
$ ?Oo -00
_' -r ii
County: Collier
Agreement No: 09- BG-03- 09 -21 -01 -159
REVISED EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program $77,198 CFDA: 57.042
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Chapter 252, Florida Statutes
Rule Chapters 9G-6, 9G -11, and 9G -19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
OMB Circular A -87 and A -133
48 CFR, Part 31
SF E�CT 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 Management
Catalog of State Financial Assistance Title: EMpraency Management Programs
Catalog of State Financial Assistance Number: 52008
State Grant Amount: $101,573 (minus deduction of $2,847 mos. satellite service)
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
AdminiEtrative Code.