Agenda 06/22/2010 Item #16F 3
Agenda Item No. 16F3
June 22, 2010
Page 1 of 28
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an
Agreement accepting the annual Emergency Management Preparedness and
Assistance Grant in the amount of $92,901 and to authorize the necessary
budget amendments.
OBJECTIVE: To approve and authorize the Chairman to sign an Emergency
Preparedness and Assistance Grant accepting $92,901 in Federal Funds and
authorize the budget amendments needed to recognize and appropriate the
revenue.
CONSIDERATIONS: The Federal Emergency Management Agency (FEMA)
through the Florida Department of Community Affairs annually makes funds
available for local emergency management programs. The County has been
awarded $92,901 in Federal funds. The acceptance of these Federal funds
requires a dollar for dollar local government match of which $15,901 has been
provided for within Emergency Management's General Fund (001) operating
budget and the remaining $77,000 from our annual EMPA grant.
FISCAL IMPACT: An increase, by budget amendment, of $92,901 to the FY10
County Manager's Grant fund (713) project #33114 operating budget and a
transfer from the Emergency Management's General fund (001) operating budget
in the amount of $15,901 to County Manager Match fund (714) will be necessary.
GROWTH MANAGEMENT IMPACT: There is no Grow1h Management Impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County
Attorney's Office and is legally sufficient for Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners approve and
authorize the Chairman to sign Grant Agreement #11-FG-15-09-21-01 totaling
$92,901 from the Florida Division of Emergency Management for emergency
management program enhancement and approve the associated budget
amendments.
Prepared by: Christine Boni, Sr. Administrative Assistant
Department of Emergency Management
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F3
June 22, 2010
Page 2 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Recommendation to approve and authorize the Chairman to sign an Agreement accepting
the annual Emergency Management Preparedness and Assistance Grant in the amount of
$92,901 and to authorize the necessary budget amendment.
6/22/20109:00:00 AM
Prepared By
Christine Chase
Emergency Management
Sr Administrative Assistant
Date
Emergency Management
6/8/20103:50:47 PM
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
Date
County Attorney
6/9/20108:29 AM
Approved By
Marlene J. Foard
Administrative Services
Division
Grant Development & Mgmt Coordinator
Date
Administrative Services Division
6/9/20109:47 AM
Approved By
Dan E. Summers
Bureau of Emergency
Services and Emergency
Management
Director of Emergency Services
Date
Bureau of Emergency Services and
Emergency Management
6/9/20109:57 AM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
6/9/20104:00 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
6/10/201010:08 AM
Sherry Pryor
Office of Management &
Budget
Managementl Budget Analyst, Senior
Date
Office of Management & Budget
6/10/20104:00 PM
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
Date
County Managers Office
6/14/201011:51 AM
Agenda Item No. 16F3
June 22, 2010
Page 3 of 28
Contract Number: 11 -FG-1S.09-21-01-_
CFDA Number: 97.042
FEDERALLY -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County, (hereinafter
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 perfonm the work in accordance with the Scope of Work and Budget,
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, ruies and
regulations, including those identified in Attachment C.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2010 and shall end June 30, 2011, 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 perfonmance under this Agreement shall be subject to the federal
OMB Circular No. A-102, Common Rule: Uniform Administrative Requirements for State and Local
Governments" or OMB Circular No. A.110, "Grants and Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and
Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No.
A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit)
organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations
31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State
Chief Financial Officer or the State Audrtor 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, ciaims or audit findings
involving the records have been resoived.
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2. Records for the disposition of non-expendable personal property valued at $5,000 or
more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in
a form sufficient to determine compliance with the requirements and objectives of the Scope of Work and Budget-
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 Department or the Division. "Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or tocal 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 each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrlsh@dca.state.fl.us)
and
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Agenda Item No. 16F3
June 22, 2010
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Division of Emergency Management
Policy and Financial Management
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
htto:/lharvester .census. aovlfac!collectlddeindex. html
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB
Circular A-133, as revised.
(I) Pursuant to Section .320 (I), OMB Circular A-133, as revised, the Recipient shall send a copy
of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management
letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrlsh@dca.state.f1.us)
and
Division of Emergency Management
Policy and Financiai Management
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 ali 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.
U) 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. Stat. The IPA
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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 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 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 Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was
completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required
by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are
being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time
periods, and other performance goals are being achieved. A review shall be done for each function or activity in
Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in 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 or the Department determines that a limited
scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division or the Department to the Recipient regarding such audit. The
Recipient further agrees to comply and cooperate with any inspections, reviews, Investigations or audits
deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will
monitor the performance and financial management by the Recipient throughout the contract term to
ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, 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 resutt 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.
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(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 anyone 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 equitabie 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;
(I) 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 jaw or in equity. If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other
default by the Recipient.
(12) 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. Stat., as amended.
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(b) The Division may tenminate this Agreement for convenience or when it detenmines, 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 tenmination and the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is tenminated, 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
detenmined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Jenene Helms
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-413-9920
Fax: 850-488-7842
Email: jenene.helms@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan Summers
Collier County
8075 Levy Cultural Parkway, Suite 445
Naples, Florida 34113
Telephone: 239-252-3600
Fax: 239-252-3609
Email: dansummers@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,
(ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
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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 report the subcontractor's progress in perfonming its work under this
Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Scope of Work
Attachment B - Budget
Attachment C - Program Statutes, Regutations and Special Conditions
Attachment D - Reports
Attachment E - Justification of Advance
Attachment F - Warranties and Representations
Attachment G - Certification Regarding Debanment
Attachment H . Statement of Assurances
(17) FUNDINGICONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory perfonmance of work hereunder in an amount not to exceed $92,901 subject to the
availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Sta!.. 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 months of the contract term. For a federally funded contract, any advance payment is also
subject to federal OMB Circulars A-8?, A-110, A-122 and the Cash Management Improvement Act of 1990. If an
advance payment is requested below, the budget data on which the request is based and a justification statement
shall be inciuded in this Agreement as Attachment E. Attachment E will specify the amount of advance payment
needed and provide an eXp"lanation of the necessity for and proposed use of these funds.
1-'1 t'l An advance payment of $ 0' is requested
,
(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 Scope of Work and Budget, Attachment A and B 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 forty-five days of receiving notice
from the Division.
Any requests received after July 31, 2011, may, in the discretion of the Division, not be reimbursed from
this Agreement. Reimbursement requests shall not be submitted by facsimile transmission or bye-mail.
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Changes to the amount of funding to be provided may be accomplished by notice from the Division to the
Recipient, in the form of certified mail, return receipt requested. The Division may make an award of additional
funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be
accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above.
Should the Recipient determine it does not wish to accept the award of additional funds, the Recipient shall
provide notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise, the
Recipient shall provide to the Division its written notice of acceptance within forty-five days of receipt of the Award
Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds
upon the Division's receipt of the written. notice of acceptance and receipt of a budget form which details the
proposed expenditure of the additional funds. The budget form will be provided by the Division when the offer of
additional funds is made.
All funds received hereunder shall be placed in an interest-bearing account with a separate account code
identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the
Division that are not expended in implementing this program shall be retumed to the Division, along with any
interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award
Agreement.
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.
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:
Board of County Commissioners
Attn: Accounts Receivable
3301 Tamiami Trail E
Bldg F, 7'" Floor
Naples, FL 34112
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the order
of "Department of Community Affairs", and mailed directly to the following address:
Department of Community Affairs
Cashier
Fiscal Management
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection,
Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft,
whichever is greater.
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(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materiais 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 infonmation, 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 tenmination of this Agreement and the release of the Division from all ~s 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 tenm of this Agreement.
(d) This Agreement may be executed in any number of counterparts, anyone 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 sea.), which prohibits discrimination by public and private enlrties on the basis of
disability in employment, public accommodations, transportation, State and local govemment services, and
telecommunications.
(I) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatorv 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 buitding 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 knowiedge 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(9)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 unabie to certify to any of the statements in this certification, then the Recipient shall
attach an explanation to this Agreement.
tn addition, the Recipient shall send to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement.
9
Agenda Item No 16F3
June 22, 2010
Page 12 of 28
The fonn must be received by the Division before the Recipient enters into a contract with any
subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216,
Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance w~h Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to
allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,
Fla. Stat., which the Recipient created or received under this Agreement.
(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 emptoyment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN)]. The
Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA
shall be grounds for unilaterat 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.
(0) All unmanufactured and manufactured artictes, materials and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a,
unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will 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 Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents
for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose.
10
Agenda Item No. 16F3
June 22, 2010
Page 13 of 28
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 disciose 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.
II
Aaenda Item No. 16F3
June LL., LU I U
Page 14 of 28
I
(23) ASSURANCES.
The recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Recioient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Fred W. Coyte, Chairman
Date:
FEIO# 59-60000558
ATTEST: Dwight E. Brock, Cler~
By:
Deputy Clerk
Assistant County Attorney
ved as to Form and Legal Sufficiency
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: David Halstead. Director. Florida Division of Emeraencv Maneoement
Date:
12
Agenda Item No. 16F3
June 22, 2010
Page 15 of28
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. DHS/FEMA
(Department of Homeland SecuritylFederal Emergency Management Agency)
Catalog of Federal Domestic Assistance@e and number: EMPG197.042
(Emergency Management Performance Grant)
Award amount: $92,901
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Chapter 252, Florida Statutes
Rule Chapters 9G-6, 9G.11, and 9G-19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
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, Nationai Preparedness
Directorate Fiscal Year 2010 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 AOO(d) of OMS 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 Exhibft 1 be provided to the Recipient.
13
Agenda Item No. 16F3
June 22, 2010
Page 16 of 28
Attachment A
Scope of Work
Base Grant 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 2010 Emergency Management Performance Grants
Program and programs that are consistent with Title 44, Code of Regulations (CFR) Part 13, State Rule Chapter
9G-6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each
recipient is at a varying level of preparedness, and it is understood that each county has a unique geography,
faces unique threats and hazards, and serves a unique poputation.
tn order to receive base grant funding, the Recipient must certify that it will use the award to enhance its
Emergency Management Program.
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Agenda Item No. 16F3
June 22, 2010
Page 17 of 28
Attachment B
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Performance Grant (EMPG) awarded by the Division.
CateaoN
Anticioated EXDendlture Amount
Organizational Costs
$ 50,000
Planning Costs
$
Training Costs
$
Exercise Costs
$
Equipment Costs
$ 42,901
Management & Administration Costs
(limited to 3% of the total)
$
Total EMPG Funds $ 92.901
(see section 17 - FundinglConsideration)
15
Agenda Item No. 16F3
June 22, 2010
Page 18 of 28
Attachment C
Program Statutes, Regulations and Special Conditions
1) Section 1352, Title 31, US Code
2) Chapter 473, Florida Statutes
3) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
4) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
5) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
6) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
7) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
8) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
9) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
10) 28 CFR applicable to grants and cooperative agreements
11) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
12) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
13) Title VI of the Civil Rights Act of 1964, as amended;
14) Section 504 of the Rehabilitation Act of 1973, as amended;
15) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
16) Title IX of the Education Amendments of 1972;
17) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
18) 28 CFR Part 42, Subparts C, D, E, and G
19) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
20) Chapter 252, Florida Statutes
21) Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code
22) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
23) 44 CFR, Part 302
24) 48 CFR, Part 31
25) OMB Circular A-21 , A.102, A-110, A.122, A-128, A-87 and A-133
5Decial Conditions
1. The grantee and any subgrantee shali 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
B. Cost Principies
.. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB
Circular A-87)
.. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
16
Agenda Item No. 16F3
June 22, 2010
Page 19 of 28
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, wrthout the express prior written approval of FEMA
3. The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2010 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, new construction, and
modifications to buildings, structures and objects that are 50 years old or greater. 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.
17
Agenda Item No 16F3
June 22, 2010
Page 20 of 28
Attachment D
Reports
A. The Recipient shall provide the Division with quarterly financial reports and a final close-out
report, all in a format to be provided by the Division. All report formats provided by the Division
shall be made available to the Recipient on the Division's Internet site and a hard coov will be
mailed with a fullv executed coov of the Aareemenl.
B. The Recipient shall provide the Division with!!!!! 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 statementsloavroll reaistriesl. Copies of invoices and canceled checks related to
these services.
. Planning Costs: Provide copies of contracts, MOUs or agreements wijh 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 DEM then only need to provide date of
submission and who submitted plan/product to), etc.).
. Training Costs: Provide copies of contracts, MOUs or agreements wijh 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 Invoiceslreceipts, 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 statementsioavroll reaistriesl.
. For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (I.e., airfare, proof of mileage, toll 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 shall begin with the first quarter of the Recipient's fiscal year;
are due to the Division no later than thirty days after the end ofeach 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 ofthis program year are'
September 30, December 31, March 31 and June 30.
D. The final close-out report Is due forty-five days after termination of this Agreement.
E. 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
18
Agenda Item No. 16F3
June 22, 2010
Page 21 of 28
completed or may take such other action as set forth in Paragraphs (10), (11) and (12).
"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.
19
Agenda Item No. 16F3
June 22, 2010
Page 22 of 28
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of tbe boxes below if you are requesting 80 advance. If aD advance payment is requested,
budget data on which the request is based must be submitted. Any adunce payment under this Agreement Is
subject to s. 216.181(16), Florida Statutes. The amount whieb may be advanced sball not exeeed tbe expected eash
needs of the Recipient within tbe initial three months of the Agreement.
~O ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
[ ] AnV ANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate
forms and purchase start~up supplies and equipment. We
would not be able to operate the program without this advance.
If you are requesting an advance, complete the following worksheet
(A) (B) (C) (D)
DESCRIPTION FFY 20_ FFY 20_ FFY 20_ Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
I (Divide line 2 by line 1.)
Flnt three months expenditures need only be prOVided for the yean In which you requested an advance. If you do not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATlON:
X $
CeIJD3
DEM Award
(Do not ioclude any match)
MAXIMUM ADVANCE
REOUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous DEMIDCA contract history. Complete Estimated Expenses chart and
Explanation or Circumstances below.
I Recipient bas exceptional circumstances tbat require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses cbart and Explanation of Circumstances below. Attacb additional pages if
needed.
20
ESTIMATED EXPENSES
Agenda Item No. 16F3
June 22, 2010
Page 23 of 28
BUDGET CA TEGORY 200_-200_ Anticipated Expenditures for First Three Month.
of Contract
ADMINISTRATIVE COSTS
(Include Seeondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
ExDlanation of Circumstances:
21
Agenda Item No. 16F3
June 22, 2010
Page 24 of 28
Attachment F
Warranties and Representations
Financial Manaaement
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 OMS cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Comoetition
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 deveiop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
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 emptoyee, 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
22
Agenda Item No. 16F3
June 22, 2010
Page 25 of 28
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
Licensino and Permittina
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.
23
Agenda Item No. 16F3
June 22, 2010
Page 26 of 28
Attachment G
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State. Zip
Date
24
Agenda Item No. 16F3
June 22, 2010
Page 27 of 28
Attachment H
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, t1hat govern the application, acceptance and use of Federai funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply witlh 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 t1heir 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 insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
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
25
Agenda Item No. 16F3
June 22, 2010
Page 28 of 28
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inctusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title 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, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR appticable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Infonmation Systems; Part
22, Confidentiality of Identifiable Research and Statisticallnfonmation; Part 23, Criminal tntelligence
Systems Operating Policies; Part 30, Intergovernmental Reviewof Department of Justice Programs and
Activities; Part 42, NondiscriminationlEqual Employment Opportunity Policies and Procedures; Part 61,
Procedures for Imptementing the Nationat Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors witt comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice 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 nace, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. it will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
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