Agenda 12/10/2019 Item #16A27 (FEMA Subrecipient Agreement)12/10/2019
EXECUTIVE SUMMARY
Recommendation to accept the Sub-Recipient Agreement with the Florida Division of Emergency
Management (FDEM) for funding in the amount of $69,750 under the Federal Emergency
Management Agency (FEMA) Hazard Mitigation Grant Program and authorize necessary budget
amendment (Net Fiscal Impact $93,000).
OBJECTIVE: To accept the Sub-Recipient Agreement with the Florida Division of Emergency
Management (FDEM) for funding in the amount of $69,750 under the Federal Emergency Management
Agency Hazard Mitigation Grant Program (HMGP) and to authorize the necessary Budget amendment.
CONSIDERATIONS: The Hazard Mitigation Grant Program is provided through FEMA to help
implement hazard mitigation measures following a major disaster. Hazard mitigation measures are any
sustainable action taken to reduce or eliminate long-term risk to properties from future disasters. The
HMGP supports cost-effective post-disaster project.
On September 11, 2018, (Item 16.E.3) the Collier County Board of County Commissioners provided
after-the-fact approval for the submittal of several applications for Hazard Mitigation Grant Program
funding. Capital Project Planning, Impact Fees and Program Management submitted eight (8) grant
applications for funding of which the Solana Road application was approved for funding and attached for
execution. The Solana Road project award is for the design and permitting of an improved stormwater
conveyance system to help alleviate historical flooding in the Solana Road/Burning Tree area.
FISCAL IMPACT: Budget Amendments will be required to appropriate the total cost of this grant in the
amount of $93,000. The $69,750 grant award requires a twenty-five percent (25%) local match of
$23,250. Funds will be appropriated into the GMD Grant Fund (711), Project 60102. Local match in the
amount of $87,500 will be transferred from the Stormwater Capital Fund into the GMD Grant Match
Fund (712), Project 60102.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. JAB
RECOMMENDATION: To accept the sub-recipient agreement with the Florida Division of Emergency
Management and authorize the necessary budget amendments.
Prepared By: Mindy Lee Collier, Stormwater, Capital Project Planning, Impact Fees and Program
Management Division
ATTACHMENT(S)
1. [Linked] Solana Rd. FDEMCAOstampedContract (PDF)
16.A.27
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12/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.27
Doc ID: 10719
Item Summary: Recommendation to accept the Sub-Recipient Agreement with the Florida
Division of Emergency Management (FDEM) for funding in the amount of $69,750 under the Federal
Emergency Management Agency (FEMA) Hazard Mitigation Grant Program and authorize necessary
budget amendment. Net Fiscal Impact is $93,000. (Project No 60102).
Meeting Date: 12/10/2019
Prepared by:
Title: – Capital Project Planning, Impact Fees, and Program Management
Name: Mindy Collier
10/31/2019 8:23 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
10/31/2019 8:23 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/06/2019 8:53 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/13/2019 1:13 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/15/2019 7:42 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 11/18/2019 2:09 PM
Grants Erica Robinson Level 2 Grants Review Completed 11/19/2019 9:46 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/19/2019 5:10 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/20/2019 10:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2019 11:48 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/20/2019 2:39 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/24/2019 10:09 AM
Grants Therese Stanley Additional Reviewer Completed 11/25/2019 11:26 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/25/2019 1:37 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
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Agreement Number: H0309
Project Number: 4337-192-R
FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement,
including an agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a
subaward to a Sub -Recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a
subaward from a pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -
Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a
Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through
entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Collier County Board of County
Sub -Recipient's name: Commissioners
Sub -Recipient's unique entity identifier: 59-6000558
Federal Award Identification Number (FAIN): FEMA -DR -4337 -FL
Federal Award Date:
Subaward Period of Performance Start and End Date:
Amount of Federal Funds Obligated by this Agreement:
Total Amount of Federal Funds Obligated to the Sub -Recipient
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Sub -
Recipient by the pass-through entity
Federal award project description (see FFATA):
Name of Federal awarding agency:
Name of pass-through entity:
Contact information for the pass-through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and
Name:
Whether the award is R&D:
Indirect cost rate for the Federal award:
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July 26, 2019
Upon Execution throuah October 30. 2020
$69,750.00
$69,750.00
$69,750.00
Drainage Project
Federal Emergency Management Agency
FL Division of Emergency Management
Mike.Lalbachan@em.myflorida.com
97.039 Hazard Mitigation Grant Program
N/A
N/A
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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 the Collier
County Board of County Commissioners, (hereinafter referred to as the "Sub -Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub -Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub -Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required by Section 215.971 (1), Florida Statutes, this Agreement includes:
A provision specifying a scope of work that clearly establishes the tasks that
the Sub -Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub -
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub -Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
payment.
i. Monitor and document Sub -Recipient performance; and,
ii. Review and document all deliverables for which the Sub -Recipient requests
b. The Division's Grant Manager for this Agreement is:
Mike Lalbachan
Bureau of Mitigation
FL Division of Emergency Management
2702 Directors Row
Orlando, Florida 32809-5631
Telephone: 850-815-4571
Email: Mike.Lalbachan@em.myflorida.com
c. The name and address of the Representative of the Sub -Recipient responsible for
the administration of this Agreement is:
Gerald Kurtz
Collier County
2685 South Horseshoe Drive, Suite 103
Naples, Florida 34104
Telephone: 239-242-5860
Email: Gerald.kurtz@colliercountyfl.gov
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 to the other party.
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(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
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..
(7) SCOPE OF WORK
The Sub -Recipient shall perform the work in accordance with the Budget and Scope of
Work, Attachment A of this Agreement.
(8) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end on October 30,
2020, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement.
Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period
of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out
the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient
may receive reimbursement under this Agreement only for "allowable costs incurred during the period of
performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend
funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during"
the period of agreement.
(9) FUNDING
a. This is a cost -reimbursement Agreement, subject to the availability of funds.
b. 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 either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the
Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The
maximum reimbursement amount for the entirety of this Agreement is $69,750.00.
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
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false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A,
that clearly delineates:
The required minimum acceptable level of service to be performed; and,
The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Sub -Recipient `relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an
established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
awards; and,
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
iii. The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non -Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub -
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
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Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide
documentation that:
The costs are reasonable and do not exceed charges normally allowed by
the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub -Recipient.
j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10)RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub -Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5) fiscal years from the date of
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