Resolution 1995-185
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RESOLUTION NO. 95~
RESOLUTION AUTHORIZING THE EXECUTION AND
ACCEPTANCE OF AN AGREEMENT BETWEEN THE
FLORIDA DEPARTlmNT OF COMKUNITY AFFAIRS
AND COLLIER COUNTY REGARDING CERTAIN
EMERGENCY MANAGEMENT RELATED ACTIVITIES
WHEREAS, the State of Florida Departm~nt of Community Affairs
has funds available for emergency management related activities; and
WHEREAS, the State in Agreement #95EM-5S-09-21-10-011 shall
agree to provide $39,521.00 for the items of performance agreed to
in said Agreement;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approves the
Agreement #95EM-5S-09-21-10-011 between the State of Florida
Department of Community Affairs and Collier County in substantially
the form attached hereto, and authorizes the 01airman to execute and
accept the Agreement with all understandings and assurances
contained therein, and to act in connectiCln with said Agreement.
This Resolution adopted after motion, second and majority vote.
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,{)ATED: .3ft;:h;
'ATTEST: ' ~
. DWIGHT E. BRO~K, Clerk
BOARD OF COUNTY COMMISSIONERS
COr~IER COUNTY, FLORIDA
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Approved as to form and
legal sufficiency:
tLd\' k;(I[,C'l_-
H dl Ashton
Assistant County Attorney
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AGREEMENT #95EM-5S-09-21-10-011
AGREEMENT
BETWEEN THE STATE OF FLORlDA
DEPARTMENT OF COMMUNITY AFFAIRS
AND
COLLIER COUNTY
This Agreement entered into by and between the Department of Community Affairs
(Grantee) and Collier County (Subgrantee), shall govern certain emcrgency management-related
activities to be financed by the Grantee.
TIffiREFORE, in consideration of the mutual promises and covenants herein contained,
the parties agree as follows:
1. TERMS OF AGREEMENT
A. This Agreement shall begin on October I, 1994, and shall continue in full force and
effect to, and including, September 30, 1995.
B. The Grantee agrees to allocate to the Subgrantee the maximum sum of$39,521
which the Subgrantee will match with $39,521 for the successful completion of the scope of
work agreed to herein.
C. It is agreed that liability of the Grantee under this Agreement shall not exceed the
total funds received by the Gl'lIfltee for this purpose.
(Subgrantee)
D. The Grantee or Subgrantee may terminate this Agreement for breach of contract or
in the event of non-availability of funds with such notice as is reasonable under the
circumstances. 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, Florida Statutes. Either party may terminate this Agreement
without cause by giving thirty (30) days written notice to the other party.
E. The Subgrantee, in performing the requirements of this Agreement, shall comply
with applicable laws, rules, regulations, ordinances and codes of the federal, state and local
governments.
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II. REOUIREMENTS AND ASSURANCES
A. General Provisions. The Subgrantee hereby assures and certifies that it will comply
with regulations, policies, guidelines and requirements, including 44 CFR (Code of Federal
Regulations) Part 13 ("Common Rule"), 44 CFR Part 302, the current versions of the Federal
Emergency Management Agency Civil Preparedness Guide (CPG) 1-3, 1-5 and 1-32, and Office
of Management and Budget (OMB) Circulars A-87, A-I02 and A-128 as they relate to
application, acceptance and use of federal funds under this agreement.
B. Lobbying.
1. The Subgrantee certifies, by their signature to this Agreement, that to the best of his or
her knowledge and belief that no federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, 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. Pursuant to Section 216.347, Florida Statutes, the Subgrantee agrees that no funds
from this Agreement win be expended for the purpose oflobbying the Legislature or a state
agency.
C. Scope of Work. The Subgrantee will comply with the "Scope of Work" describing the
activities/projects to be accomplished under this Emergency Management Assistance (EMA)
Agreement. Such Scope of Work is attached to and incorporated herein as Exhibit A.
D. Compensation and Financial Reporting Requiremerlls.
1. The Subgrantee shall use the funds available from this Agreement to pay for
Emergency Management Assistance administrative expenditures in accordance with CPG 1-3,
August, 1992, Chapter 2, Part 15 and CPG 1-32. The Subgrantee shall be reimbursed 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 Agreement. Funds will be released on a quarterly
basis with the maximum quarterly release not to exceed one-fourth (1/4) of the total Agreement
amount or as otherwise approved by the Grantee.
2. Administrative Expenditure and Progress Reports must be submitted to Grantee on a
quarterly basis. Progress reports are due within fifteen (15) days after the end of each quarter.
Administrative Expenditure Reports are due within thirty (30) days after the end of each quarter.
A final Administrative Expenditure Report, serving as the close-out report, is due within
forty-five (45) days after the termination of this Agreement. The Subgrantee shall not receive
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reimbursement for quarterly expenditures until the quarterly progress report is received and
approved by the Grantee.
E. Fiscal and Prot!ram Accountability. The Subgrantee must establish fiscal control of
subgrant funds and required matching expenditures as required in FEMA regulations, CPG and
OMB Circulars. The Subgrantee acknowledges that it has full responsibility for fiscal and
programmatic accountability for this subgrant. In the event the Subgrantee is unable to produce
records capable of being audited without reconstruction by auditors, all funds paid under this
Agreement by the Grantee to the Subgrantee shall be disallowed and subject to repayment. The
accounting system established and maintained by the Subgrantee must have internal controls
adequate to safeguard the assets of the Subgrantee, check the accuracy and reliability of
accounting data, promote operating efficiency and ensure compliance with described
management policies of this Agreement.
F. Recording and Documentation of Receipts and Exp':nditures. Accounting procedures
must provide for an accurate and timely recording of receipt of funds by type of expenditures
made from such funds and of unexpended balances. Accounting procedures must be adequate to
ensure that expenditures charged to this subgrant are for allowable purposes and that
documentation is readily available to verify that such charge:; are accurate. Failure to create and
maintain said documentation may result in the disallowance and recovery of funds.
G. Unexpended Funds. Unexpended funds which are reflected on the final Administrative
Expenditure Report referred to in Paragraph ILD. above will automatically revert to the Grantee
and the Grantee reserves the right to unilaterally reobligate such funds.
H. Oblii1ation of Grant Funds. Subgrant funds shall not be obligated prior to the effective
date, or subsequent to the termination date, of the subgrant period. Obligations outstanding as of
the termination date shall be liquidated within forty-five (45) days. Such obligations must be
related to goods or services provided and utilized within the subgrant period.
1. Retention of Records:
1. All original records pertinent to this Agreement s:1aIl be retained by the Subgrantee
for three years following the date of termination of this Agreement or of submission of the final
close-out report, whichever is later. However, if any litigation, claim or audit is started before
the expiration of the three-year period and extends beyond the three-year period, the records will
be maintained until all litigation, claims or audit findings involving the records have been
resolved.
2. All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work
and all other applicable laws and regulations.
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3. The SlIbgrantee, its employees or agents, including all subcontractors or consultants
to be paid from funds provided Imder this Agreement, shall allow access to its public records at
reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed
according to the circumstances but ordinarily shall mean during normal business hours of
8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Grantee.
J. Audit Requirements. The Subgrantee 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.
I. These records shall be available at all reasonable times for inspection, review, or audit
by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. The Subgrantee shall also provide the Grantee v.ith the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
3. The Subgrantee shall provide the Grantee with an annual financial audit report which
meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550,
Rules of the Auditor General, and to the extent applicable, the Single Audit Act of 1984,31
U.S.C. ss. 7501-7507, OMB Circulars A-128 and A-133 for the purposes of auditing and
monitoring the funds awarded under this Agreement.
4. The annual fmancial audit report shall include all management letters and the
Subgrantee's response to all findings, including corrective a:tions to be taken.
5. The annual fmancial audit report shall include a schedule of financial assistance
specifically identifying all Agreement and grant revenue by sponsoring agency and Agreement
number.
6. The complete financial audit report, including all items specified in 1.4. and 5. above,
is due on or before April 30, 1996 and shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2740 Centerview Drive
Tallal1assee, Florida 32399-2100
7. In the event the audit shows that the entire amou.,t of awarded funds, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Subgrantee shall
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be held liable for reimbursement to the Grantee of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Grantet;: has
notified the Subgrantee of such non-compliance.
8. The Subgrantee shall have all audits completed by an independent public accountant
(IP A) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable
provisions noted above.
K. Modification of A~eement. Either party may request modification of the provisions of
this Agreement. Changes which are mutually agreed upon shcll be valid only when reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Agreement.
L. Notice and Contact.
1. 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
identified below and said notification attached to the original of this Agreement.
2. Tne Representative of the Grantee is the Grantee contract manager for this
Agreement, Joseph F. Myers, Director, Division of Emergency Management.
2740 CenterviewDr Tallahassee FL 32399
3. The Representative of the Subgrantee responsible for the administration of this
Agreement is the County's Authorized Official who executes this Agreement.
3301 Tamiami Trail E Naples FL 33962
4. In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will
be rendered as provided in L.l. above.
M. Subcontracts.
1. If the Subgrantee subcontracts any or all of the work required under this Agreement,
the Subgrantee agrees to include in the subcontract that the subcontractor is bound by the terms
and conditions of this Agreement with the Grantee.
2. The Subgrantee agrees to include in the subcontract that the subcontractor shall hold
the Grantee and Subgrantee harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed by law.
3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded
to the Grantee within ten (10) days after execution.
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III. MISCELLANEOUS REQUIREMENTS
A. Bills for fees or other compensation for services or expenses must be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
B. Bills for any travel expenses must be submitted in accordance with Section 112.061,
Florida Statutes.
C. Units of deliverables, including reports, findings, and drafts as specified in Paragraph
II.C. of this Agreement, must be received and accepted by the contract manager prior to payment.
D. The Subgrantee must comply with the criteria and final date by which criteria must be
met for completion of this Agreement as specified in Paragraph LA. of this Agreement.
E. The Grantee may unilaterally cancel this agreement for refusal by the Subgrantee to
allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Subgrantee in conjunction with this
Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to
comply with this provision shall constitute a breach of contract.
IV. LEGAL AUTHORlZA TION
The Subgrantee certifies with respect to this Agreement that it possesses legal authority to
receive the funds to be provided under this Agreement. The Subgrantee also certifies that the
undersigned possesses the authority to legally execute and bind Subgrantee to the terms of this
Agreement.
The Subgrantee ac~owledges that the responsibility for complying with the approved
subgrant award rests with the Subgrantee and acknowledges that failure to do so constitutes
grounds for the recession or suspension of this subgrant and may influence future subgrant
awards.
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IN WITNESS HEREOF, tha Grantae and the Subgrantae hava
executed this Aqraement;
BY:
FOR THE DEPARTMENT:
STATE OF FLORIDA
DF..PARTKENT OF COMMUNITY AFFAIRS
FOR THE COUNTY:
COLLIER COUNTY
BY:
Auth
BETTYE J. MA EWS, CHAIRMAN
Board of County Commissioners
Nama/Title
~)seDh F. Myers/Division Directo~
Nime/Title
pAs-
Da e
3/1-11 s'>-
Date
59-6000-558
Federal Employer ID Number
DWIGHT E. BROCK, CLERK
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Pl:f.OY~d.a~:1n FAo~ Legal Sufficiency
~n:Y~;istant County Attorner
Cataloq of Federal Domestic Assistance Number and Proqram
CDFA # 83.503 Emergency Management Assistance (EHA)
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EXHIBIT A
"-95 Elo!A SCOPE OF WI~
COLLIER
QUARTER REPORTING:
First
Second
CATEGORY/ITEM
16
QUARTER
TO BE
COMPLETED
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1
Third
Fourth
1.
STATUS
2.
3.
4.
8.
9.
lO.
11.
Develop/update multi-year exercise schedule.
Develop, conduct and/or participate in
exercises.
Develop and conduct evaluations/critiques
of exercises.
Perform exercise reporting within 30 days
of the exercise.
5.
Exchange radiological instrument sets.
6.
Maintain RADPRO file and submit
semiannually.
7.
Ensure county EM representative attends 75%
of area meetings scheduled by DEM Area
Coordinator.
Prepare, submit and maintain the Compre-
hensive Hazard Identification Program
(CHIP) database.
Ensure county EM representative attends the
Emergency Management Assistance Workshop.
Submit information for telephone directcry
to the division as changes occur.
In accordance with the schedule outlined in
9G-6, Administrative Code, complete
revision to the County Comprehensive
Emergency plan and submit.
2nd
4th
4th
as
occur
per
schedule
2nd &
4th
as
occur
3rd
1st
as
occur
per
schedule
EXHIBIT A
FY-95 EMA SCOPE OF W;mK
(CONTINUED)
CATEGORY/ITEM
16
QUARTER
TO BE
COMPLETED
STATUS
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l2. Notify the division of all incidents occur-
ring in the jurisdiction.
13. Continue the identification and designation
of vital facilities within the jurisdiction
and submit data.
l4. Prepare and maintain SOP's to interface ~ith
State Rapid Impact Assessment Teams (RIATs).
The SOP shall also address the mechanisms
the county will use to complete needs
assessment.
lS. Prepare and maintain a damage assessment
Program. The damage assessment program
shall address the procedures and training
of local personnel to accomplish FEMA
sponsored damage assessment.
l6. Prepare and maintain SOP's to address the
effective employment of mutual aid Rapid
Response Teams (RPTs).
l7. Participate in the statewide hurricane
exercise.
l8.
Encourage your county and municipalities
to participate in the Statewide Mutual
Aid Pact.
19.
Submit a list of specific shelter retrofit
proposals to be compiled into a statewide
shelter retrofit report. Report should
include but not limited to facilities that
are not currently shelters but could be
used if upgrade of the facility is
accomplished.
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as
occur
3rd
3rd
4th
3rd
3rd
ongoing
3rd