Resolution 1998-012
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RESOLUTION NO. 98-~
RESOLUTION AUTHORIZING THE EXECUTION
AND ACCEPTANCE OF AN AGREEMENT
UETWU:N TilE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND COLLIER COUNTY
REGARDING CERTAIN EMERGENCY
MANAGEMENT RELATED ACTIVITIES
WHEREAS, the State of Florida Department of Community AtTairs has funds
available for emergency management related activities; and
WHEREAS, the State in Agreement /l98EM.8N-09.21.IO-OII shall agree to
provide SJR.n9.00 to initiate the successful completion of the activities and projects in
the approved five year strategic plan submitted by Collier County and which are applicable
to the period of performance of the Agreement.
NOW TIIEREFORE BE IT RESOLVED BY TilE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA that the Board approves
Agreement 119SEM-8N-09-21-1 0-0 II between the State of Florida Department of
Community AITairs and Collier County in substantially the form attached hereto. and
authorizes the Chairman to eX';:CLJte and accept the Agreement with all understandings and
assurances contained therein. and to act in connection with said Agreement.
This Resolution Adoptcd aficr motion, second and majority vote.
DATED: ~.:""",;:;":':L___
I\TTEST
DWI(j(1T E. BROCK. CLElU,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
B Y,..('.~;",........,'/''' ;" ,'" ~ '<.n *f':' /:;.._
Deputy Cler\(.'
BY:
Approvcd as to form and lcgal
suniciencj':
:&~{. ~Jl
Thomas C. Palmcr
Assistant County Attorney
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A(iREEMENT #9HEM.HN-09.21.JU-Oll
A(iREE7-.IENT
BETWITN TilE STAT!: OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
AND
COLLlEr~ COUNTY
This Agrecmcnt cntered into by and between tile Ikpartment of Community Affairs
(Cjrantee) and Collier Cuunty (Subgrantec). shall govcrn certain cmergency man.lgement-relatcd
activities to he linanced by the (jranh:e.
TJ IERI':FORE. in <.:onsideratio!1 of the mutual promises anu covenants herein contained.
the purties agree ,JS follows:
I. TERMS OF A(iREEi\.II:NT
A. This Agn.:ernent shall begin on O<.:tober I. 1997 and shall continue in full force and
effect to. and including. Septcmhl:r 30. 199X.
B. The (irantee agn.:es to allocate to the Subgrantee the maximum sum of 538,739 which
the Sllhgranlcc will match \\ilh 53"1,7.:\9 to initiate the successful <.:ompktion orthe
acti\'itics/projects in tile arprm'cd li\'c )'l',U str;tlegic plan suhmilted hy this Sllhgranlee and
which an: applicabk 10 the pcril1d lll' pl'rforln;\I1cc of this contract.
C. It is agreed that li:lhility of the (jrantee under this Agreement shall not exceed the total
funus n:<.:ei ved and allo<.:all.:d hy Ihe (imntce for this Agreemcnt.
D. The Grantee or SlIbgrantee may termilltlh': this Agreement for hn.:ach of contract. or in
the evenl of Ilon-a\'ailahilily or 1'1Inds. with stich 1ll1tic~ as is re<lsonahle ulluer the circumstances.
The Stale of Florida's rcr!"prl11alKe and ohli!;;llion tll pay under this Agn:~lllent is <.:Ontingcnt
upon <.In annual apprppriatioll by the.: l.e.:gislalLlre and subject to any mouilicalion in accordance
wilh C1wpler 216. lJ.~_ujda Stalute.:s. I:ilhc.:r pany may terminate this ^grcl.:mcnt without cause by
giving thiny (0) days \\riuenlloticl.: to the otl1l.:r pany.
E. The Subgrantee. in performing thc rClJuirements l)f tbis A~re~ment. shall comply with
all applicahlc laws. rules. regulations. ordinances and codes of the federal. state and local
govcrnmcnts. Thc payment of funding provided hy this :\gn:ell1l.:lll is contingent upon
compliancc with all appli<.:abk laws. rules. regulations. ordinan<.:es and cod\.:s of the federal. state
and local gl)\'crnmCl1ls. ~(ln-e(lmplialH.:e 111:1:' rl'sldt in tlll' withholding l'!' funds and thl.:
suspension and tcrmilwtinll or this :\grcel11e/lt.
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II. REQUIRE\lE:-\TS AND ASSURA!'-:CES
A. General Provisions. The Subgrantee hereby assures and certities that it will comply
\\ith all applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of
Federal Regulations) Part 13 ("Common Rule"). 44 CFR Part 302, and Office of Management
and Budget (OMB) Circulars A-87, and A-I33 as they relate to application, acceplance and use
of federal funds under this Agreement. Subgrnntee also certifies it shall comply with Chapter
252, F.S., Rule Chapters 90-6, 9G-7. 9G-ll, and 9G-19. F.A.C., as a condition of the receipt and
acceptance of funds under this Agreement.
B. Lobbvin~.
I. The: Subgrantec certifies, by signing this Agreement, that to the best of his or her
knowledge and bclicf, no federally appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any pcrson 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 j\.fember 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. rCl1cw:-J!. amendment or modification of any federal
contract, grant. loan or cooperative agreement.
2. Pursuant to Section 116.347. Florida Statutes. the Subgrantee agrees that no funds
from this Agreement will be expended for the purpose of lobbying the Legislature or a state
agency.
c. Scopc of Work. The Subgrantee will comply with the approved "Five Year Strategic
Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the
actlvities/projects to be accomplished this year under this State and Local Assistance (SLA)
Agrecment. Such approved Strategic Plan is on file for Subgrantee and has been previously
routed for approval wi th the Subgrantce's El11crg~lJcy Management Preparedness and Assistance
(EMPA) l3ase Grant. At a minimum, Subgrantee shall complete those tasks identified in its
Strategic Plan to be performed during thc period of this Agreement. Failure to timely complete
tasks identified in the Strategic Plan may constitute grounds for withholding funds and
suspension and tcrmination of this Agreement.
D. Compensation and Financial Reporting Requirements.
1. The Subg~o.ntee shall use the funds available under this Agreement to pay for State
and Local Assistance personnel, travel and administrative expenditures. All acquisitions with a
cost of S5,OOO or greater r~quire written prior approval from the Grnntee. OMB Circular A-87
should b<.: lIsed to provide guidance concerning allO\vable and unallowable ~xpenditures. The
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Subgrantee shall be reimbursed on 0 quanerly bosis for costs incurred in the satisfactory
performance of work hereunder in an amount not to exceed the total allocation shown in
Paragraph LB. of this Agrcement.
2. Expenditure Rcporls/Rcimhursemcnl Rcquests must he suhmitll:d to the Grantee on a
quarterly basis and are due within thirty (30) days after the end of each quarter. Progress reports
must be submitted to the (irantce on tl semiannual basis according to the n:quirements set forth in
the Suhgrantee's EMPA h;tse grant for the same list.:al period. A linal Close-out Report is due
within torty-live (45) days .tfter the termination ol"this Agreement. The Subgrantce shall not
recei n: rei m hursement for ti nal ex pcnd i t un.:s tJnti I the final progrcss report is reccived. previous
payments arc nlH..Iited and Iinal approval has heen made by the Grantee.
E. Fiscal and Prol.!rarn Accountabilitl. The Subgrontee must establish fiscal control of
suhgrant funds and rcqllircd matching cxpenditllTes as required in Federal Emergency
Management Agency (I'T~1^) regulations and OivtB Circulars. Thc Subgrantee acknowledges
that it has full responsibility for liseal and programmatic accountability for this suhgrant. In the
cvent the SlIbgrantec is unable to produce n:corus capable of being audited \vithout
reconstruction by auditors. all funds paid under this Agreement by the Grantee to the Subgrantee
shall be disallowed and subjcct [0 repayment. Th~ accounting system established and maintained
by the Subgrantec must ha\'c inlernal controls ath:quate to safeguard the assets of the Subgrantee.
check the accuracy anu reliability of accounting data. promote operating cffieiency anu ensure
compliance with descrihed management policies of this Agreement.
F, Recording and Documentation of Receipts rind Expenditures. Accounting procedures
must provide for an <lccurate anu timely recording of reccipt of funds by type of expenditures
mndc from such funus <lnd of lIIH:xpelllkd balances. Accounting procedures must be adequate to
ensure that expenditun:s charged to this suhgrant arc for allownblc purposes and that
doctlml.:ntation is reauily ;l\'ailable to veritY tlwt stich charges arc accurate. Failure to create and
m:linlain said UllCUtllentalilllllllay rl.:sl1l[ inlhe disallowance and rl.:covery of funus.
(j. llnl.:xpendcd Funds. l :nl'\renucd runds whirh arc rdlCC!l.:d on the linal (:lose-out
Report refern:u to ill P.lr;igraph II,D. :Iho\'l: will automatically revert to the Gr:mtec. and the
Granlce reserves the right III 1I1lilatl'rally rellhligate such funds.
II. Ohlil.!alion or(irant Funds. Subgrant funds shnll not be obligated prior to the
effective date. or subsl.:4ucnt to the h:rmination datc, of the subgrant period. Obligations
outstanding as of the termination date shall he liquidah:d within thirty (30) days. Such
obligations must he relall'd to goods or servicl.:s provided and utilized within the subgrant period.
I. Retcntion of Rl:corus.
I. All original rl:cords fH.::rtincllllo this .'\gn:l:l1ll:nt shall he retained by the Subgrantec for
three )'l:ars 1()llo",ing thl.: date of termination or this Agreement or or suhmission of the final
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close-out report, which~vcr is latcr. Ilowcvl.'r. ifan)' litig:uion, claim or audit is started before
the I.'xpirntion of the three-year p~riod and I.'xtcnds bl:)"ond the thn:e-year period, the records will
be maintained until all litigation. claims or audit findings involving the recurds have been
rcsolved.
") t\ II records, i nclud ing supporting doclIIm:ntation of all program costs, shall be
sufficient to dctcrmine compliance with the rl.'quircments and ohjectives of the Scope of Work
shown in paragraph II.C. and all other applicahle laws and rcgulations.
J. The Suhgrantee. its employees or agents, including all subcontractors or consultants to
he paid from funds provided under this Agreement. shall allow access to its public records at
reasonable times to the (irantcc, its employees. amJ agents. "Reasonable" shall be construed
according to the circumstanccs, but ordinarily shall mcan during normal business hours of
X:()O a.m. to )'(j() p.m.. localtimc. on ;,\'10nuay through Friday. "Agents" shall include, but not be
limiled 10. auuitors retained hy the (irantee.
J. Audit Requirements. Till: Suhgmnlce agrees to maintain financial procedures and
support documents. in accordancc with gcnl.'rally accepted accounting principles, to nccount for
the receipt and expenditure of funds IInder this Agreement.
I. Thcse records shall be availahle al all reasonable timcs for inspection, review, or audit
by state pl'rsonnel and othcr pcrsonnel duly authorized by the Grantee. "Reasonable" shall be
construed accord i ng to c i rc Ul1lstaIlCCS, hut oru i nari Iy sha llmcan normal business hours of
x:oo a,m. to 5:00 p.m.. local time. ~vlond:lY through Friday.
2. The Suhgranlcc shall also provide the (irantce with Ihe records, reports or financial statements
upon n.:quest for tlte pm poses of uuditlng and monitoring the funds awarded under this Agreement.
3. The Suhgrantec shall provide the (iranlee with an annuallinancial audit report which
meets the requirements ot" Sl'ctinns 11..+5 :ll1d 216,349, Florida Statutes. and Chapter 10.550,
Rules of the :\uditor (iencral. and 10 Ihe eXh.'nl applicahle.lhe Single Audit Act of 1984. 31
LJ.s.c. ss. 7501-7507 as :I111l.'ndcd J ()%. 0\ 1 B Cin:ular :\- D3 for the purposes of alllliting and
monitoring the funds aw:mkJ undcr this t\grcell1~'nl.
4. The annual Ii nallc ial aud i t r~'I){)rt shall i nelude.: allmanageme.:nt leHers and the
SuhgrLInlee's response to :111 findings. including corn.:cti\'e actiolls to he.: takell.
5. The annllal financial audit n:port shall include a schl'dule of linanci..1 assist..nce
specifically ilkntifying all Agn:ernent :llld grant rl:\'CIllIC by sponsoring agl:ncy amI Agreement
number.
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6. The complete financial nutlit report including all items specified in JA. and 5. above.
is due on or before April 30, 1999 and shall be sent directly to:
Department of Community Affairs
Office of Inspector Gcncml
2555 Shumard Oak Boulcvard
Tallahassee, Florida 32399-2100
7. In thl.: event the auuit shows that the entirl.: iJnwunt of awan.fed funds, or any portion
thereof. was not spcnt in a<:cordancc with till: <:onuitions llf this Agrcemcnt. the Suhgrantec shall
be held liahle for reimhurscmentto the (irantec of all funds not spcnt in a<:<:ordan<:e with thcsc
upplicnblc n:gulatil'llS ,lt1J l\grl.:clllent pr0visions within thirty (30) days after the Grantee has
notilied the SlIhgrantee of slIch non-compliance. The Grantee may offset current awarded funds
to reimburse for prcvious )'l'ar nOIH.:omplialH:c. I r the Suhgmntee fails to provide the
n:imbursc/l1cnt within 30 (thirty) da~s. Ihen thc Sungrantee authorizes the Grantee to deduct the
amOlll1t to he n.:imhursed from ,illY funds ,lwardcd to the Subgmntec but not yet reh:ased by thc
G ralllee.
8. The Subgrantee shall ha\'(.: all audits completcd by an inde!1cndcnt public accountant
(IP/\) who shall be eithcr a certilied public accountant or a public accountant Iicenscd under
Chapter 473. Floridn Statutes. The I PA shall state that the audit complied with the applicable
provisions notcd ahove.
K. iv10cJi fication 0 f I\l;rccment. Either party may request modification of the provisions
of this Agreement. Changes which an: mutually agrecd upon shall be valid only when reduced to
writing, duly signed hy each of the parties hcrcto. and attached to thc original of this Agreement.
lIo\\'ever, the funding amount anu match cOl11l11itrl1l:nt iJcntified in paragraph I.I3.. abovc, may be
modilied as provided in that paragraph.
L. Notice and Contact.
I. All notices provided lIndcr or plIrSU,lllt to this Agreemcnt shall hI: set forth in writing
and delivered either hy hand dclin:ry. or lirst class. cerlilied mail. return rcceipt requested, to the
representative i<.h:ntilied below. Said notification shall he attached to thc original of this
Agreement.
2. The Represcntatin: of the (ir~\Iltec is the (irantce contract manager for this Agreement.
Joseph F. Myers, Director. Division of Emergem:y i\tanagement.
J. The Representative oflhe SlIograntce n:sponsihle for the administration of this
Agreement is the County's Authorized Orticial who exccutes this Agrecmcnt.
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4. In the event that different rcprescnt:.iti\'cs are dcsignated by either party after execution
of this Agreement. notice of the name. title nnd nddress of the new representative will be
rendered as provided in L.I. above.
M. Subcontracts.
I. I f the Subgrantec subcontracts any or all of the work rcquircd undcr this Agreement,
the Subgrantee agrees to include in the subcontract language binding the subcontractor to the
terms and conditions of this Agr~ement with the Grantee.
2. The Subgrantee agrees to include in the subcontract language stating that the
subcontractor shall hold the Grantee and Subgrantce harmless against all claims of whatever
nature which may arise out of the subcontractor's pcrformance of work under this Agrecment, to
the cxll:nt allowed by law.
3. I f the Subgrnntec subcontracts, a copy of the executed subcontract must be forwarded
to the Grantee within thirty (30) days after execution.
Ill. M1SCELLANEOLJS REOUIREMENTS
A. Bills for fees or other compensation for services or expenses must be submitted in
detail sufficient for a proper pre-oudit and post-;~lldit thereof.
B. Bills for any travel expenscs must he submitted in accordance with Section 112.06].
Florida Stututes.
C. Units of dclivcrables. incllll.ling rcrorts, findings, and drafts as specified in Paragraph
Il.C. of this Agreement. must be receivcd and acccpted by the contract manager prior to payment.
D. The Suhgrantee must comply with the criteria and final datc by which criteria must be
met for compklion of this Agreement as spc\.:itied in Paragraph LA. of this Agreemcnt.
E. The Grantee may lInilalerally canccllhis agreement for refusal by the Subgrantee to
allow public access to all documl:111s. papers. kucrs or other material subject to the provisions of
Chaph:r 119, Florida Statuh:s. and made or re\.:eivcd by the Subgrantec in conjunction with this
Agreement. It is cxpressly understood that suhstantial evidence of the Subgrantee's refusal to
comply with this provision shall cons1itute a brl:ach of contract.
F. The State of Florida will n01 in1entionally award publicly-funded con1racts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.c. Scction I 324a(e)[Scction 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
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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 Department.
G. A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may mot submit a bid on a contract with a public entity for the construction or repair of a public
building or public work. may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a
public entity. and may not transact business with any public entity in excess ofC:ltegory Two for a period
of36 months from the date of being placed on the convicted vendor list.
IV. l:J~.GA[,--A1JTHQgllA TIQ~
The Subgrantce certifies with respect to this Agreement that it possesses legal authority to receive
the funds to be provided under this Agreement. The Sllbgrantee also certifies that the undersigned
possesses the authority to legally execute and bind Sllbgrantee to the terms of this Agreement.
The Subgrantcc acknowledges that the responsibility for complying with the approved subgrant
award rests with the Sllbgrantee and acknowledges that failure to do so constitutes grounds for the
recession or suspension of this subgrant and may influence future subgrant awards.
IN WITNESS HEREOF. the Grantee and the Subgrantee have executed this Agreement;
FOR THE SUBGRANTEE:
COLLIER COUNTY
FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:Y~~~J1t
Authorized Department Official
BY~~ Q,. k~", '.'
Authorized COllr~~
...J....!....:...:-, __~ I -' C II A I R ~ 1 A ~__
Namc / Ti Ilc
--1J2.senh F. M.y~rs. Division Director
Name / Tille
Date:
Date: __~Ll1i~_____
federal Employer IDII __~<2:.(~LQ()~~L
Catalog of rcdcral D()m~stic Assistance Number and Program
CfDA mU,534 State alld Local Assistance (SLA)
DWIGHT E. F3ROCK. CLERK
.I Deputy Clerk' ,-
t\pprovcd as to Form and Legal Sufliciency
--.-; () f
___~'-v0v'^-. (~--
Thomas C. Palmer, Assistant County
Attorney
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BY: ~~_'_~_::~"':-~:-''''''~_'__.
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