Agenda 12/11/2012 Item #16E 312/11/2012 Item 16.E.3.
EXEcUTWE SUALMARY
Recommendation to execute the attached Modification to the annual Emergency
Management Preparedness and Assistance. Grant (EMPG), Contract #13- FG-86-
49- 21 -01 -078, amending Att- achmentC (Program Conditions)
OBJECTIVE: To approve and authorize the Chairman to sign Modification #1 to the
Emergency Preparedness and Assistance , Grant amending Attachment C (Program
Conditions);
C iQERATM6: The Federal Emergency Management Agency (FEMA) through
the State'of Florida, Division of Emergency Management (FDEM) annually makes funds
available for local emergency management programs. The County has been awarded
$96,848 in Federal funds ,for emergency management program enhancement approved
by the Board on June 12, 2012, item 16F6. Modification #1, requested by FDEM,
replaces the previously approved program conditions which are outlined on "Attachment
C ". The modification changes the requirements
• that each EMPG funded position, participate in one exercise per quarter to now
participate in no less than three exercises per year.
• by clarifying the supporting documentation required when submitting an After
Action Report following the- conduction of or participation in an exercise.
• to complete the Professional Development Series to now needing to complete
the Professional Development Series, IS 100, 200, 700, and 800..
FISCAL IMPACT; There is no Fiscal Impact associated with this Executive Summary.
The amount of grant funds remains the same and are available within Grant Fund (713)
Project 33219.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this Executive Summary.
LEGAL CONS! EERA1171I4NS: This item has been reviewed by the County Attorney's
Office, requires majority vote, and is legally sufficient for Board action. - CMG
RECOMMEN, NOATION: That the Board of County Commissioners approves and
authorizes the Chairman to sign Modification #1 to Grant Agreement #1 3-FG-86-09-21 -
01 -078 amending Attachment C (Program Conditions).
Prepared by: Christine Boni, Sr. Administrative Assistant
Department of Emergency Management
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12/11/2012 Item 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3.
Item Summary: Recommendation to execute the attached Modification to the annual
Emergency Management Preparedness and Assistance Grant (EMPG), Contract #13- FG- 86 -09-
21-01 -078, amending Attachment C (Program Conditions)
Meeting Date: 12/11/2012
Prepared By
Name: BoniChristine
Title: Administrative Assistant, Senior,
11/9/2012 1:14:56 PM
Submitted by
Title: Administrative Assistant, Senior,
Name: BoniChristine
11/9/2012 1:14:58 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 11/13/2012 10:49:10 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 11/28/2012 8:36:29 AM
Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 11/28/2012 10:31:03 AM
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 11/28/2012 12:35:51 PM
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Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 11/29/2012 10:31:55 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/29/2012 1:52:42 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 11/29/2012 3:00:41 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 12/3/2012 9:35:39 AM
Name: OchsLeo
Title: County Manager
Date: 12/3/2012 3:42:47 PM
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12/11/2012 Item 16.E.3.
12/11/2012 Item 16.E.3.
Contract Number: 13 -FG- y' - 08.21 -01 -078
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'l, and Collier County, (hereinafter
referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant
these funds to the Recipient.upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Program Budget and Scope of Work,
Attachment A and B of this Agreement,
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment E.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on July 1, 2012 and shall end June 30, 2013, unless terminated earlier
in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION 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
OMB Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State, Local and Indian Tribal
Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122,
"Cost Principles for Non - profit Organizations."
(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.
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12/11/2012 Item 16.E.3.
(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 Program Budget and Scope
of Work - Attachment A and B - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00
p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance
with generally accepted accounting principles, to account for the receipt and expenditure of funds under this
Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the 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 Division 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 State or local government or a non -profit organization as defined in OMB
Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions
of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall
consider all sources of Federal awards, including Federal resources received from the Division. The determination
of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An
audit of the Recipient conducted by the Auditor General in accordance with the provisions of 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), OMB Circular A -133,
as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission
online at
htir)://harvester.census.gov/factcollect/ddeindex.htmI
And to any other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (0, 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 address:
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12/11/2012 Item 16.E.3.
�. Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(g) By the date due, send any reports, management letter, or other information required to be'
submitted to the Division pursuant to this Agreement in accordance with OMB Circular A -133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient
when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-
133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all
funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after
the Division has notified the Recipient of such non - compliance.
a) 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. Ste. 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.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly financial reports and a close -out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Division.
(b) Quarterly financial reports are due to the Division no later than 30 days after the end 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 quarter of the program year are September 30, December 31 March 31 and June 30.
(c) The close -out report is due 45 days after termination of this Agreement or 45 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 Paragraphs (10), (11) and (12) of this Agreement, and Rule 27P- 19.014, Florida Administrative
Code. "Acceptable to the Division" means that the work product was completed in accordance with the Program
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 specked time
periods, and other performance goals are being achieved. A review shall be done for each function or activity in
Attachment B to this Agreement, and reported in the quarterly financial report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures
may include, but not be limited to, on -site visits by Division staff, limited scope audits, and /or other procedures. The
Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the
Recipient agrees to comply with any additional instructions provided by the Division 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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12/11/2012 Item 16.E.3.
(9) LIABILITY i
(a) Unless Recipient is a State agency or subdivision, as defined in Section 788.28, Fla. Stat., 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 which result in claims or suits against
the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ( "Events of Default`), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise
any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to
make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails 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:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail - return receipt requested, to the address in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes under
the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or the
extent of non- compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any
activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred for any
items determined to be ineligible;
(f) 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.
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12/11/2012 Item 16.E.3.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Fla. Slat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for
the terminated portion of the Agreement after the Recipient has received the notification of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination
notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of
Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient
for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Jenne Helms
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: 850 -413 -9920
Fax: 850 -488 -7842
Email: jenene.helms@em.mytlodda.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers
8075 Lely Cultural Pkwy, Suite 445
Naples, FL 34113
Telephone:239- 252 -3600
Fax:239 -252 -3700
Email :dansummers(@wlliergov.net also copy- christineboni@colliergov.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 required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The
Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ill
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall
hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall
document in the quarterly financial 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 business enterprise, as defined in Section 288.703, Fla. Stat
i
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12/11/2012 Item 16.E.3.
(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 — Program Budget
Attachment B — Scope of Work
Attachment C — Program Conditions
Attachment D — Reports
Attachment E — Program Statutes, Regulations and Special Conditions
Attachment F — Justification of Advance Payment
Attachment G —Warranties and Representations
Attachment H — Certification Regarding Debarment
Attachment I — Statement of Assurances
Attachment J — Reporting Forms
(17) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed $96,848, subject to the availability of
funds.
(b) Any advance payment under this Agreement is subject to Section 216.1 B1(16), Fla.Stat., and is
contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement.
The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first
three (3) 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. All advances are
required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment F. Attachment ^
F will specify the amount of advance payment needed and provide an explanation of the necessity for and
proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
The Recipient agrees to expend funds in accordance with the Program Budget and Scope of Work, Attachment A
and B of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting documentation
for all costs of the project or services: Invoices shall be accompanied by a statement signed and dated by an.
authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of
the Division agreement and payment is due and has not been previously requested for these amounts." The
supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost
Principles. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the
Division contract manager as part of the Recipient's quarterly financial reporting as referenced in Paragraph 7 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 (19)(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.
Changes to the amount of funding pursuant to Paragraph (17)(a) above may be accomplished by
notice from the Division to the Recipient. The Division may make an award of additional funds by subsequent
modification.
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
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12/11/2012 Item 16.E.3.
interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award
Agreement.
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.
Any requests received after July 31, 2013, at the discretion of the Division, may not be reimbursed from
this Agreement.
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.
Collier County Board of County Commissioners
3299 Tamiami Trail East
Suite #700
Naples, Florida 34112
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the order of
"Division of Emergency Management ", and mailed directly to the following address:
Division of Emergency Management
Cashier
n 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 °!0 of the face amount of the returned check or draft,
whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or
any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause
the termination of this Agreement and the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. if any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the extent of the 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 et seg.), which prohibits discrimination by public and private entities on the basis of
disability in employment, public accommodations, transportation, State and local govemment services, and
telecommunications.
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12/11/2012 Item 16.E.3.
(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, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of
being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared 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, 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(8)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 H) 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.
(1) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this
section, but only to the extent of the conflict.
(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.
(1) 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) df 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 286.011, Fla.
Stat. with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(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. 1 Oa,
unless it would not be in the public interest or unreasonable in cost.
Packet Page -3796-
12/11/2012 Item 16.E.3.
100�N (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 be 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 paid 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 shall complete and submit Standard Form -LLL, "Disclosure of
Lobbying Activities."
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 when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF
THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS
ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
��. (a) If the Recipient has a pre - existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise.
(b) if any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Division for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Division. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of 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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12/11/2012 Item 16.E.3.
(23) ASSURANCES.
The recipient shall comply with any Statement of Assurances incorporated as
Attachment 1.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIO ERS
By: ��.
Fred W. Coyle, Chair a
Date: 6/12/12
FEID# 59- 60000558
ATTEST Dwight E: = 'Brock, Clerk Approved as to Form and Legal Sufficiency
Y
htit 's t D PutyC getrfk Coll e nv Greene, Assistant County Attorney
i � 4E1iLtir`t 4A i .+�
STATE OF FLORIDA
DIVISION OT/EMERGFNf Y MA¢C #GE
Name and Title: Bryan Kook Dir6ctbr. Florida Division
Date: b-9
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12/11/2012 Item 16.E.3.
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT:
NOTE., If the resources awarded to the Recipient are from more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: U.S. Department of Homeland Security / Federal Emergency Management Agency
Catalog of federal Domestic Assistance title and number: Emergency Management Performance Grant
# 97.042
Award amount: $96,848
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Chapter 252, Florida Statutes
Rule Chapters 27P -6, 27P -11, and 27P -19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
48 CFR, Part 31
OMB Circular A -21, A -102, A -110, A -122, A -128, A -87 and A -133
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities as identified in the United States
Department of Homeland Security, Federal Emergency Management Agency, National Preparedness
Directorate Fiscal Year 2011 Emergency Management Performance Grants Program.
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be
in violation of the terms of the Agreement
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient.
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12/11/2012 Item 16.E.3.
Attachment A
program Budget
Funding from the Emergency Management Performance Grant is intended for use by the Recipient to perform
the following eligible activities as identified in the United States Department of Homeland Security, Federal
Emergency Management Agency, Fiscal Year 2012 Emergency Management Performance Grants Program
and programs that are consistent with Title 44, Code of Regulations (CFR) Part 13, State Rule Chapter 271P-6,
Florida Administrative Code and Chapter 252, Florida Statutes).
Below is a general budget which outlines eligible categories and their allocation under this award.
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12/11/2012 Item 16.E.3.
Attachment 8
Scope of Work
Funding is provided to perform eligible activities.as identified in the Emergency Management Performance Grants
(EMPG) Program Funding Opportunity Announcement (FOA). Eligible activities are outlined in the Scope of Work
for each category below:
I. Categories and Eligible Activities
Emergency Management Performance Grants Program Guidance
FY2012 allowable costs are divided into the following categories: organizational, planning, training,
exercise, equipment, and management and administration cost are allowable.
A. Organization
Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 5121 -5207,
EMPG Program funds may be used for all- hazards emergency management operations, staffing, and other
day- to-day activities in support of emergency management. Proposed staffing activities should be linked
to accomplishing the projects and activities outlined in the EMPG Program Work Plan.
Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are
allowable costs with FY 2012 EMPG Program funds. These costs must comply with 2 CFR Part §225, Cost
Principles for State, Local, and Indian Tribal Governments (Office of Management and Budget [OMB] Circular
A -87).
B. Planning
Planning spans across all five NPG mission areas and provides ,a baseline for determining potential threats and
hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities.
Planning provides a methodical way to engage the whole community in the development of a strategic,
operational, and /or community -based approach to preparedness.
FY 2412 EMPG Program funds may be used to develop or enhance upon emergency management
planning activities, some examples include:
• Provide input for data collection in THIRA development
• Development of an all- hazards mitigation plan based on identified risks and hazards
Emergency managementloperation plans
• Maintaining a current local County Emergency Management Plan (CEMP)
Conti nuity /Administrative Plans
• Developing /enhancing Continuity of Operation (COOP) /Continuity of Government (COG) plans
• Developing /enhancing financial and administrative procedures for use before, during, and after disaster
events in support of a comprehensive emergency management program
Whole Community engagement/planning
• Developing /enhancing emergency management and operations plans to integrate citizen /volunteer and other
non - governmental organization resources and participation
• Community-based planning to advance "whole community' security and emergency management
• Public education and awareness on emergency management and preparedness
• Planning to foster public - private sector partnerships
• Development or enhancement of mutual aid agreements /compacts, including required membership in EMAC
Resource management planning
• Developing /enhancing logistics and resource management plans
• Developing /enhancing volunteer and /or donations management plans
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12/11/2012 Item 16.E.3.
- Acquisition of critical emergency supplies defined as: shelf stable food products, water, and /or basic medical
supplies.
• Supply preparation
Evacuation planning
• Developinglenhancing evacuation plans, including plans for: alerts/waming, crisis communications, pre -
positioning of equipment for areas potentially impacted by mass evacuations sheltering, and re -entry.
Pre - disaster Recovery planning
• Disaster housing planning, such as creating /supporting a State disaster housing task force and
deveiopinglenhancing State disaster housing plans
• Pre -event response/recovery/mitigation plans in coordination with State, local, and tribal governments
• Developing /enhancing other response and recovery plans
Recovery planning
• The National Disaster Recovery Framework (NDRF) sets national policy and doctrine to define a new era of
disaster recovery across Federal, State and local government. The NDRF aims to achieve a disaster
recovery system that is more responsive to whole- community needs. EMPG Program recipients should, as
feasible, take steps to develop recovery plans and preparedness programs consistent with the principles and
guidance in the NDRF that will provide the foundation for recovery programs and whole - community
partnerships. Preparedness and pre - disaster planning was given special attention within the NDRF with
specific guidance: Planning for a Successful Disaster Recovery (pages 63 -70). For more information on the
NDRF see http:/Mrww. fema .govlpdflrecoveryframeworklndrf pdf.
Program evaluations
C. Training
FY 2012 EMPG Program funds may be used for a range of emergency management - related training activities
to enhance the capabilities of local emergency management personnel through the establishment, support,
conduct, and attendance of training. Training activities should align to a current, Multi -Year TEP developed
through an annual TEPW. Training should foster the development of a community oriented approach to
emergency management that emphasizes engagement at the community level, strengthens best practices, and
provides a path toward building sustainable resilience.
EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS
Training Program can be found at http•llwww fema aovlAdflememencl2nmslnims training nrogram.pdf,
Additional types of training include, but are not limited to, the following.
• Conducting all hazards emergency management training
• Attending Emergency Management Institute (EMI) training
• Attending other FEMA- approved emergency management training
• Mass evacuation training at local, State, and tribal levels
Allowable training - related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the
training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment.
Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any
gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities
or access and functional needs, should be identified in the AAR/IP and addressed in the training cycle.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of attendance at FEMA and /or approved training courses and programs
are allowable. These costs are allowed only to the extent the payment for such services is in accordance with
the policies of the State or unit(s) of local government and has the approval of the State or the awarding
agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of
government may not receive compensation from their unit or agency of government AND from an award for a
single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are
on travel status for official business related to approved training.
• Hiring of Full or Part -Time Staff or ContractorslConsultants. Full- or part -time staff may be hired to
support direct training - related activities. Payment of salaries and fringe benefits must be in accordance with
14
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12/11/2012 Item 16.E.3.
the policies of the State or unit(s) of local government and have the approval of the State or awarding
agency, whichever is applicable.
• Certlfication/Recertification of Instructors. Costs associated with the certification and re- certification of
instructors are allowed. States are encouraged to follow the i=EMA Instructor Quality Assurance Program to
ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is
particularly important for those courses which involve training of trainers.
D. Exercises
Exercises implemented with grant funds should evaluate performance of the capabilities required to achieve
exercise objectives. Exercise activities should align to a current, Multi -Year TEP developed through an annual
TEPW. Further guidance concerning the TEP and the TEPW can be found at httpsJlhseep.dhs.gov. All EMPG
Program funded personnel shall participate in no less than three exercises in a 12 month.period and should
complete the following training requirements and record proof of completion. Real world events count toward
meeting this requirement.
Allowable exercise - related costs include:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to
planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and
documentation. Recipients are encouraged to use free public space /locations/facilities, whenever available,
prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and
validate skills learned, as well as to identify any gaps in these skills. Any exercise or exercise gaps, including
those for children and individuals with disabilities or access and functional needs, should be identified in the
AAR/IP and addressed in the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full- or part — time staff may be hired to
support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the
policies of the State or unit(s) of local government and have the approval of the State or the awarding
agency, whichever is applicable. The services of contractors/consultants may also be procured to support the
design, development, conduct and evaluation of exercises.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of time spent on the design, development and conduct of exercises are
allowable expenses. These costs are allowed only to the extent the payment for such services is in
accordance with the policies of the State or unit(s) of local government and has the approval of the State or
the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an
employee of a unit of government may not receive compensation from their unit or agency of government
AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may
benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are
on travel status for official business related to the planning and conduct of the exercise projects
• Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct
of the exercise projects (e.g., gloves, non - sterile masks, and disposable protective equipment)
• Other items. These costs are limited to items consumed in direct support of exercise activities such as the
rental of spacellocations for planning and conducting an exercise, rental of equipment, and the procurement
of other essential nondurable goods. Recipients are encouraged to use free public space/locations, whenever
available, prior to the rental of space /locations. Costs associated with inclusive practices and the provision of
reasonable accommodations and modifications that facilitate full access for children and adults with
disabilities.
Unauthorized exercise- related costs include:
• Reimbursement for the maintenance and /or wear and tear costs of general use vehicles (e.g., construction
vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are
reimbursable are fuel /gasoline or mileage.
• Equipment that is purchased for permanent installation and /or use, beyond the scope of exercise conduct
(e.g., electronic messaging signs)
• Durable and non - durable goods purchased for installation and /or use beyond the scope of exercise conduct
15
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12/11/2012 Item 16.E.3.
E. Equipment
In accordance with 44 CFR 13.32, allowable equipment categories for the FY 2012 EMPG Program are listed
on the web -based version of the Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB),
which is sponsored by FEMA at hftp: //www.rkb.us. Unless otherwise stated, equipment must meet all
mandatory regulatory and/or FEMA- adopted standards to be eligible for purchase using these funds. In
addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for
the requested equipment.
The select allowable equipment includes equipment from the following AEL categories:
• Information Technology (Category 4)
• Cyber- Security Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14)
• CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category 21)
In addition to the above, general purpose vehicles (such as sports utility vehicles) are allowed to be procured in
order to cant' out the responsibilities of the EMPG Program. If State agencies and /or local governments have
questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their
contract manager who will coordinate with the FEMA Regional Program Analyst for clarification.
Recipients that are using FY 2012 EMPG Program funds to support emergency communications activities
should comply with the FY 2092 SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications. Emergency
communications activities include the purchase of Interoperable Communications Equipment and technologies
such as voice- aver - internet protocol bridging or gateway devices, or equipment to support the build out of ^
wireless broadband networks in the 700 MHz public safety band under the Federal Communications
Commission Waiver Order. SAFECOM guidance can be found at http:llwww.safecomprogram.gov.
F. Management and Administration (M &A)
M &A activities are those defined as directly relating to the management and administration of EMPG Program
funds, such as financial management and monitoring. It should be noted that salaries of State and local
emergency managers are not typically categorized as M&A, unless the State or local EMA chooses to assign
personnel to specific M &A activities.
II. EHP
Recipients must comply with all applicable EHP laws, regulations, and Executive Orders (EOs) in order to draw
down their FY 2012 EMPG Program grant funds. Any project with the potential to impact natural resources or
historic properties cannot be initiated until FEMA has completed the required FEMA EHP review, Recipients
that implement projects prior to receiving EHP approval from FEMA risk de- obligation of funds. For these types
of projects, Recipients must complete the FEMA EHP Screening Form (OMB Number 1660- 01151FEMA Form
024 -0 -01) and submit it, with all supporting documentation to their Contract Manager. Recipients should submit
the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The
Screening Form must be submitted prior to funds being expended. Refer to IBs 329, 345, and 356 (located at
http:llwww. fema, govl govemment/grant/builetinsrndex. shim)
The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP laws and
requirements prior to initiation of the project:
• Any involvement with the installation of equipment,
■ Ground- disturbing activities,
16
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rdwhO
12/11/2012 Item 16.E.3.
New construction (installation and renovation), including communication towers, or
mod ification/renovation of existing buildings or structures
■ Proposed construction or renovation projects that are part of larger projects funded from a non -FEMA
source (such as an EOC that is part of a larger proposed public safety complex)
• Renovation of and modification to buildings and structures that are 50 years old or older
■ Any other construction or renovation efforts that change or expand the footprint of a facility or
structure including security enhancements to improve perimeter security
■ Physical Security Enhancements, including but not limited to:
• Lighting
• Fencing
• Closed - circuit television (CCTV) systems
• Motion detection systems
• Barriers, doors, gates and related security enhancements
■ Field based training and exercises including activities that involve ground disturbance, use of
explosives, toxic agents or otherwise have the potential to cause impact to the environment or
historical resources. This Is only a requirement if the exercise or field training is not being conducted
by a certified professional or at an existing facility with established procedures.
• Communication tower projects
The following activities do not require the submission of the FEMA EHP Screening Form: planning and
development of policies or processes; management and administration; classroom -based training; table top
exercises and functional exercises; and, acquisition of mobile and portable equipment (no installation).
All recipients of financial assistance will comply with the requirements of the NEPA, as amended, 42 U.S.C.
§4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment,
including protection against natural disasters, To comply with NEPA for its grant - supported activities, DHS
requires the environmental aspects of construction grants (and certain non - construction projects as specified by
the component and awarding office) to be reviewed and evaluated before final action on the application.
For more information on FEMA's EHP requirements, see Informational Bulletins below'
• Information Bulletin 329, Environmental Planning and Historic Preservation Requirements for Grants,
available at http: / /www, fema. oov / pdf/ Ciovemment lgrant/builetins /info329.pdf;
• Information Bulletin 345, Programmatic Environmental Assessment, available at
http: / /www.fema. goy /odf/ government /cirant/bulletins /info345.pdf; and
• Information Bulletin 356, EHP Screening Form, available at
http: //www.fema_gov/ pdf / government /g rant/bulletinsAnfo356. pdf.
III. Construction and Renovation
Construction and renovation activities for a local government's EOC as defined by the SAA are allowable under
the EMPG Program.
The FY 2012 EMPG Program recipients using funds for construction projects must comply with the Davis -
Bacon Act (40 U.S.C. 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for
construction projects pay workers employed directly at the work -site no less than the prevailing wages and
fringe benefits paid on projects of a similar character. Additional information, including Department of Labor
wage determinations, is available from the following website: http.11www.dol.aov/comAlianceAawslcomA-
dbra.htm.
Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or
renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC
Investment Justif ication (FEMA Form 089- 0 -0 -3; OMB Control Number; 1660 -0124 (available through ND
grants) to their Program Analyst for review.
When applying for construction funds, including communications towers, at the time of application, recipients
are highly encouraged to submit evidence of approved zoning ordinances, architectural {Mans, any other locally
17
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12/11/2012 Item 16.E.3.
required planning permits and documents, and to have completed as many steps as possible for a successful
EHP review in support of their proposal for funding (e.g., completing the FCC's Section 108 review process for
tower construction projects; coordination with their State Historic Preservation Office to identify potential historic
preservation issues and to discuss the potential for project effects). Projects for which the recipient believes an
Environmental Assessment (EA) may be needed, as defined in 44 CFR 10.8 and 10.9, must also be identified
to the FEMA Program Analyst within six (6) months of the award and completed EHP review packets must be
submitted no later than 12 months before the end of the Period of Performance. EHP review packets should be
sent to gadehoinfona.fema.aov.
When applying for EOC construction funds, at the time of application, recipients are highly encouraged to
submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits
and documents, and to have completed all required steps for a successful EHP review in support of their
proposal for funding (e.g., coordination and consultation).
IV. Maintenance and Sustainment
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement
costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted.
FY 2012 grant funds are intended to support the NPG and fund projects that build and sustain the capabilities
necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that
pose the greatest risk to the security of the Nation. In order to provide recipients the ability to meet this
objective, the policy set forth in GPD's Information Bulletin 336 (Maintenance and Sustainment) has been
expanded to allow for the support of equipment that has previously been purchased with both Federal grant
and non - Federal grant funding. The eligible costs for maintenance and sustainment must be an otherwise
allowable expenditure under the applicable grant programs, and be tied to one of the core capabilities in the
five mission areas contained within the NPG and be deployable through EMAC, where applicable.
Unallowable Costs
• Expenditures for weapons systems and ammunition
• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public
safety duties or to supplant traditional public safety positions and responsibilities
• Activities unrelated to the completion and implementation of the EMPG Program
In general, recipients should consult with their contact manager; who will coordinate with the FEMA Regional
Program Analyst prior to making any Investment that does not clearly meet the allowable expense criteria
established in this Guidance.
V. Monitoring:
Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist
threats since 1999 through various funding sources including federal grant funds. The Division has a
responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with
applicable EMPG grant guidance and statutory regulations. The monitoring process is designed to assess a
recipient agency's compliance with applicable state and federal guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There are
two primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial
monitoring is the review of records associated with the purchase and disposition of property, projects and
contracts. Programmatic monitoring is the observation of equipment purchased, protocols and other
associated records. Various levels of financial and programmatic review may be accomplished during this
process.
Desk monitoring is the review of projects, financial activity and technical assistance between the Division and
the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the recipient agencies by a
Division representative who examines records, procedures and equipment.
18
Packet Page -3806-
12/11 /2012 Item 16.E.3.
Freauencv of annual monitoring activity:
Each year the Division will conduct monitoring for up to 25% of current year agreements.
Areas that will be examined include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub -hand receipt procedures;
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency NIMS /ICS compliance documentation;
Procurement Policy
The Division may request additional monitoring/information N the activity, or lack thereof, generates questions
from the region, the sponsoring agency or Division leadership. The method of gathering this information will be
determined on a case -by -case basis.
Desk monitoring is an on -going process. Recipients will be required to participate in desk top monitoring on an
annual basis and as determined by the Division. This contact will provide an opportunity to identify the need for
technical assistance (TA) and /or a site visit if the Division determines that a recipient is having difficulty
completing their project.
As difficulties /deficiencies are identified, the respective region or sponsoring agency will be notified by the
program office via email. Information will include the grant recipient agency name, year and project description
and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or
sponsoring agency level. Issues that require further TA will be referred to the Division for assistance.
Examples of TA include but are not limited to:
• Equipment selection or available vendors
• Eligibility of items or services
• Coordination and partnership with other agencies within or outside the region or discipline
• Record Keeping
• Reporting Requirements
Documentation in support of a Request for Reimbursement
On -Site Monitoring will be conducted by the Division or designated personnel. On -site Monitoring visits will be
scheduled in advance with the recipient agency POC designated in the grant agreement.
V. Contractual Responsibilities
• The Division shall determine eligibility of projects and approve changes in scope of work.
• The Division shall administer the financial processes.
WE
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12/11/2012 Item 16.E.3.
Attachment C
Program Conditions
Items listed below are to be reviewed during the mid -year and end -of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance.
1. COORDINATION AND COLLABORATION - Utilizing the below elements, county emergency management
agencies will have an ongoing process that provides for coordinated and collaborated input in the
preparation, implementation, evaluation and revision of emergency management programs. See Data
Download and Upload details in # 3 below.
Provide an agenda or a copy of the certificate to show participation in the following during this contract
period (July 1, 2012 — June 30, 2013):,
• Regional Domestic Security Task Force (RDSTF) Meeting
• Urban Area Security Initiative Meetings (if applicable)
State Working Group Meetings (if applicable)
TRAINING AND EXERCISE - To ensure that each county emergency management agency is in compliance
with EMPG Guidance, each EMPG funded position during this contract period (July 1, 2012 — June 30, 2013)
shall provide the following items. See Data Download and Upload detail in # 3 below.
• Participate in at least 1 exercise per quarter
• Submit an After Action Report for each exercise
• Complete the Professional Development Series
3. DATA DOWNLOAD AND UPLOAD — Data exchange between the Division and counties will be facilitated by
the use of the Division's Sharepoint Portal available at http : / /Drotal.fioddadisaster.org. Counties will be
provided user names and passwords to access the portal. All data, forms, templates and instructions to be
provided by the Division will be made available via the portal, and counties shall use the portal to upload data
or provide notice of "No Change' for applicable items.
I• •
Packet Page -3808-
12/11/2012 Item 16.E.3.
Attachment D
Reports
A. Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year summary
progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close -out
report. Reporting Forms are located in Attachment J and can be found on the Division internet site.
B. The Recipient shall provide the Division with full support documentation (per information bulletin #
341) for the quarterly financial reports. To eliminate large files and mailings, the Division will
accept back up documentation on a CD If desired by the Recipient.
• Organizational Activities: Includes salaries and expenses (depending upon eligibility). Supply
copies of timesheets documenting hours worked and proof employee was paid (i.e., earning
statements /payroll registries). Copies of invoices and canceled checks related to these services.
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices, checks and canceled checks and copies of planning
materials and work products (i.e., meeting documents, Copies of completed plans (if submission of
plans is for the Division then only need to provide date of submission and who submitted plan /product
to), etc.).
• Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices, checks and canceled checks and a copy of the
agenda, sign in rosters and any training materials provided.
• Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices, checks and canceled checks and a copy of the
agenda, sign in rosters and any exercise materials provided.
• Equipment Acquisition Costs: Copies of Invoices /receipts, checks and canceled checks. AEL# for
each purchase.
• Management and Administrative Costs: Supply copies of timesheets documenting hours worked
and proof employee was paid (i.e., earning statements /payroll registries).
• For travel and conferences related to EMPG activities, copies of all receipts must be submitted
(i.e., airfare, proof of mileage, toil receipts, hotel receipts, car rental receipts, etc.) Receipts must be
itemized and match the dates of travel /conference. If conference, a copy of the agenda must be
provided. Proof of payment is also required for all travel and conferences.
• Copies of the general ledger each quarter should also be provided.
C. Quarterly financial reports 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 September 30,
December 31, March 31 and .tune 30.
D. The Staffing Detail and Exercise Detail Form (Form 3) is due every quarter with your quarterly
financial report. This is to identify all EMPG funded employees, the required training completed by
those employees and the required amount of exercises in each quarter.
E. The final close -out report Is due forty -five days after termination of this Agreement.
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) of this Agreement. "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. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's
Regional Coordinator and Submitted to the contract manager.
21
Packet Page -3809-
12/11/2012 Item 16.E.3.
Attachment E
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR
Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order
11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title It of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
22) Chapter 252, Florida Statutes
23) Rule Chapters 27P-6, 27P -11, and 27P -19, Florida Administrative Code
24) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
25) 44 CFR, Part 302
26) 48 CFR, Part 31
27) OMB Circular A-21, A -102, A -110, A -122, A -128, A-87 and A -133
Special Conditions
1. The Recipient shall comply with the most recent version of the Administrative Requirements, Cost
Principles, and Audit Requirements. A non - exclusive list of regulations commonly applicable to Department
of Homeland Security grants are listed below:
A. Administrative Requirements
44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non - Profit Organizations (OMB Circular A -110)
B. Cost Principles
• 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-
87)
• 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A -21)
• 2 CFR Part 230, Cost Principles for Non - Profit Organizations (OMB Circular A -122)
22
Packet Page -3810-
12/11/2012 Item 16.E.3.
• Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures,
Contracts with Commercial Organizations
C. Audit Requirements
• OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations
2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in
support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of
government, without the express prior written approval of FEMA.
3, The recipient agrees that all allocations and uses of funds under this grant will be in accordance with the
FY 2012 Emergency Management Performance Grants Program Guidance and Application Kit.
4. The recipient shall not undertake any project having the potential to impact Environmental or Historical
Preservation (EHP) resources without the prior approval of FEMA, including but not limited to
communications towers; physical security enhancements involving ground disturbance, new construction,
and modifications to buildings, structures and objects that are 50 years old or older, and purchase and use
of sonar equipment. Recipient must comply with all conditions placed on the project as the result of the
EHP review. Any change to the approved project scope of work will require re- evaluation for compliance
with these EHP requirements. If ground disturbing activities occur during project implementation, the
recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are
discovered, the recipient will immediately cease construction in that area and notify FEMA and the
appropriate State Historic Preservation Office. Any construction activities that have been initiated without
the necessary EHP review and approval will result in a non - compliance finding and will not be eligible for
FEMA funding.
23
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12/11/2012 Item 16.E.3.
1
1
Attachment F
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you a're requesting an advance, indicate same by checking the box below.
[ I ADVANCE REQUESTED
Advance payment of 5 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.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20-20 Anticipated Expenditures for First Three Months of
(list applicable fine items)
Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash
advance. The justification must include supporting documentation that clearly shows the advance will be expended
within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases,
delivery timelines, salary and expense projections, eta to provide the Division reasonable and necessary support that
the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended
within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the
advance)
24
Packet Page -3812-
Attachment G
Warranties and Representations
Financial Management
12/11/2012 Item 16.E.3.
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable 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, and
invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous
to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements
that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or
offers may be rejected when it is in the 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 Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
25
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12/11/2012 Item 16.E.3.
Attachment H
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
26
Packet Page -3814-
nftO
12/11/2012 Item 16.E.3.
Attachment I
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.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally- assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7_ It will ensure 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.
8. 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.
27
Packet Page -3815-
12/11/2012 Item 16.E.3.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs 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, Fioodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It 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 67.515 and 67.620.
28
Packet Page -3816-
12/11/2012 Item 16.E.3.
Attachment J
Reporting Forms
DIVISION OF EMERGENCY MANAGEMENT
/-, EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT
Quarterly Financial Report (Form 1):
These reports must b completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter,
QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY
EXPENDITURES.
Quarterly Financial Report (Form 1) and Detail of Claims (Form 2):
1 _ These forms are to be submitted quarterly. Complete Quarterly Financial Report by entering all information needed for reimbursement.
2. The Detail of Claims form must accompany the Quarterly Financial Report.
3, The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority.
4. Claims are to be submitted to the following address:
DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BOUEVARD
TALLAHASSEE, FLORIDA 32399 -2100
Attn: (Contract Manager's name)
Staffing Detail and Exercise Detail - (Form 3):
1. The Staffing Detail and Exercise Detail Form is due every quarter with your quarterly financial report. This is to identify an EMPG funded
employees, the required training completed by those employees and the required amount of exercises that the EMPG funded employee has to
participate in each quarter.
2042 EMPG - FUNDING OPPORTUNITY ANNOUNCEMENT (FOA)
2, All EMPG funded personnel shall participate in three exercises (i.e., one exercise per quarter) of any type (e.g. Drills, Tabletop Exercises,
Functional), and one full -scale exercise within a 12 -month period. Please note that response to any real -world events within a 12 -month period
may fulfill a single, quarterly exercise requirement. (Appendix B — FY 2012 EMPG Program Priorities)
3. Target Training and Verify Capability of Personnel. Training activities supported with EMPG Program funds should strategically align to the NPG
core capabilities identified in the Multi -Year TEP. To ensure the development of a professional emergency management workforce all EMPG
Program funded personnel shall complete the following training requirements and record proof of compietion.22 Appendix B — FY 2012 EMPG
Program Priorities
NIMS Training: iS 100; IS 200; IS 700; and IS 800; FEMA Professional Development Series: IS 120; IS 230; IS 235; iS 240; IS 241; IS 242; and
IS 244. Previous versions of the IS courses meet the NIMS training requirement. A complete list of independent Study Program Courses may be
found at httpJAraining.fema.goviis.
Close Out Report - (Form 4):
1. Close Out Reports are due forty -five (45) days after the contract end date.
2. The agreement cannot be considered closed until the Close Out Report has been received.
Documentation of project expenditures:
1. Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project1program operations
unless audits require a longer period of time.
2. Grantees should maintain a financial file with copies of back -up documentation for all paid project/program expenditures made by the grantee
during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by OEM staff . Acceptable
documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc.
These documents should be submitted when requesting reimbursement.
3, In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. A
Staffing Detail Worksheet is also required to identify positions being funded by the agreement.
4, All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted
on the proogr form. cannot be processed and will be returned for corrections. Forms must be submitted with original signatures
IF YOU WiSH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE FiND THEM ON OUR WEBSITE AT
http;ti www. floridadisaster .orglgrantsfindex.htm OR NOTIFY YOUR CONTRACT MANAGER
1 acket Page -3817-
12/11/2012 Item 16.E.3.
GRANTEE:
County Name:
Address:
Point of Contact:
Telephone #:
AGREEMENT #
ON
Claim #
(sated the quarter of eubmisslon)
QUARTERLY REPORTING DUE DATES
July 1 - September 30- Due no later than October 31
October 1- December 31 - Due no later than January 31
January 1- March 31 - Due no later than Alsil 30
Aw 1 i - June 30 - Due no is or than July 31
TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00
MATCH
ederal funds provided under this Agreement shall be matched by the Recipient dollarfor dollar from non - federal funds. NOTE: If the
amount entered below is NOT EMPA, provide appropriate back- uplsupporting documentation.
MATCH EMPA LOCAL IN -KIND OTHER NON - FEDERAL
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Contract Manager or Financial Officer Date
Q�AFti`�* +� _
i. a.........,!Li�:�'�'�..�'.,'._s
This Information must be clearly linked to the project TIMELINE, DELIVERABLES AND THE SCOPE OF WORK.
Report events, progress, delays, etc. that pertain to this project
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPG (Federal) Amount
Funds
i
Packet Page -3818-
CUM.FUNDS
REMAINING
CUMULATIVE
TOTAL ALLOCATED
CURRENT CLAIM
EXPENDED
BALANCE
1. Organizational Costs
$0.00
$0.00
2. Planning Costs
$0.00
3. Training Costs
$0.00
4. Exercise Costs
I
1
$0.00
5. E ui ment Costs
$0.00.
6. Management and Administration Costs
(limited to 5% or the total award)
TOTAL
$0.001
$0.00
$0.001
$0.00
TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00
MATCH
ederal funds provided under this Agreement shall be matched by the Recipient dollarfor dollar from non - federal funds. NOTE: If the
amount entered below is NOT EMPA, provide appropriate back- uplsupporting documentation.
MATCH EMPA LOCAL IN -KIND OTHER NON - FEDERAL
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Contract Manager or Financial Officer Date
Q�AFti`�* +� _
i. a.........,!Li�:�'�'�..�'.,'._s
This Information must be clearly linked to the project TIMELINE, DELIVERABLES AND THE SCOPE OF WORK.
Report events, progress, delays, etc. that pertain to this project
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPG (Federal) Amount
Funds
i
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Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT
CLOSE -OUT REPORT
FORM 4
This form should be completed and submitted to the Division no later than forty-five (45) days after the termination date of
the Agreement.
Grantee Agreement No.
Address Agreement Amount
City and State Agreement Period
Cost Categories
By Category - Total Contract
Expenditures
1, Organizational Activities
2, Planning Activities
3. Training Costs
4. Exercise Costs
5. Equipment Acquisition Costs
e. Management and
Administration Costs
Total
$0.00
Total
Pawmnts Received Under this Agreement
(InGude any advanced funds and final requested payment)
Date Amount
1
2
3
4
5
6
$0.00
Agreement Amount
Minus Total Payments
(Including final requested funds — Line 7)
Refund and/or final interest checks are due no later than ninety
(90) days after the expiration of the Agreement.
Make checks payable to:
Cashier, Division of Emergency Management
Mail To:
Division of Emergency Management
2553 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Attn: (contract manager)
Unspent balance
I hereby certify that the above costs are true and valid costs Incurred In
accordance with this Agreement.
Signed
Grantee Contract Manager or Financial Officer
Date
Packet Page -3822-
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12/11/2012 Item 16.E.3.
Contract Number: 13- FG- 86- 09 -21 -01 -078
MODIFICATION # 1 TO SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, ( "the Division "), and Collier County ( "the Recipient ") to modify Subgrant
Agreement Number 13- FG- 86- 09 -21 -01 -078, dated June 29, 2012 ( "the Agreement ").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which
the Division has provided a subgrant of $96,848 to Recipient; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by amending
Attachment C (Program Conditions).
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. Attachment C (Program Conditions) to this Agreement is hereby deleted in its entirety, and the
Revised Attachment C, which is attached hereto and incorporated herein by reference, is
substituted in its place and stead.
2. All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement.
3. All provisions of the Agreement being modified and any attachments thereto in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective as of the
date of the last execution of this Modification by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this document on the dates set out
below.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
L-
Fred W. Coyle, Chairman
Date: 12111/12
FEID# 59- 60000558
ATTEST: Dwight E. Brock, Clerk
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
ssistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title
Date:
Bryan Koon Director, Florida Division of Emergency Management
Packet Page -3823-
12/11/2012 Item 16.E.3.
Attachment C
Program Conditions
items listed below are to be reviewed during the mid -year and end -of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance.
1 COORDINATION AND COLLABORATION - Utilizing the below elements, county emergency management
agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation,
implementation, evaluation and revision of emergency management programs. See Data Download and
Upload details in # 3 below.
• Provide an agenda or a copy of the certificate to show participation in the following during this contract
period (July 1, 2012 — June 30, 2013):,
• Regional Domestic Security Task Force (RDSTF) Meeting
• Urban Area Security Initiative Meetings (if applicable)
• State Working Group Meetings (if applicable)
2. TRAINING AND EXERCISE -To ensure that each county emergency management agency is in compliance
with EMPG Guidance, each EMPG funded position during this contract period (July 1, 2012 — June 30, 2013)
shall provide the following items. See Data Download and Upload detail in # 3 below.
- Participate in no less than three (3) exercises within the 12 month Agreement period
• Submit an After Action Report (AAR) for each exercise conducted by the Recipient and /or provide sufficient
exercise documentation (i.e., sign in sheet, certificate, etc.) for participation in each exercise not
conducted by the Recipient
• Complete IS 100, 200, 700, 800 and the Professional Development Series
3. DATA DOWNLOAD AND UPLOAD — Data exchange between the Division and counties will be facilitated by
the use of the Division's Sharepoint Portal available at hftps : / /Portal.floddadisaster.or -g. Counties will be provided
user names and passwords to access the portal. All data, forms, templates and instructions to be provided by
the Division will be made available via the portal, and counties shall use the portal to upload data or provide
notice of "No Change" for applicable items.
Packet Page -3824-