Resolution 2003-245
RESOLUTION NO. 2003- 245
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RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE
OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND COLLIER COUNTY FOR THE UPDATE
AND REVISION OF THE LOCAL MITIGATION STRATEGY
WHEREAS, the Florida Department of Community Affairs has made funds
available to update and revise Collier County's Local Mitigation Strategy in order
to bring the Strategy into compliance with the Federal Disaster Mitigation Act of
2000; and
WHEREAS, the Florida Department of Community Affairs, by means of the
attached Agreement, is agreeing to provide funds in the amount of $20,000 through
a matching grant (75% / 25%); and
WHEREAS, communities whose Local Mitigation Strategies are not in
compliance with the Federal Disaster Mitigation Act of 2000 will be ineligible for
both pre and post disaster mitigation programs; and
WHEREAS, The Board of Commissioners of Collier County agree that the
performance of the subject Agreement is in the best interest of Collier County;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board
approve the Agreement between the State of Florida, Department of Community
Affairs and Collier County as presented to the Board for review, and hereby
authorize the Board's Chairman to execute the Agreement on behalf of Collier
County.
This Resolution adopted after motion, second, and majority vote In favor of
adoption the 2q-t^ day of July, 2003.
TY COMMISSIONERS
Y, FLORIDA
\
By:
Tom Henning, aIrman
Atte.s:t::: IS! tó:11~hI1 raan · s
st,~tur. OÅ 1J~'·:,
..'
ATTEST: Dwigl1fE. arock, Clerk
- '" " ',"
BY:~.~~~, tf!-
Deputy Clerk
Approved as to form and legal sufficiency:
,~~
Contract Number:
16F3
.,..
CFDA Number: 83-548
FEDERAllY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of Cammunity
Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the Collier
County, (hereinafter' referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these funds from the United States of America, and has
the authority to sub-grant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this
Agreement.
"
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Payment Information,
Attachment A of this Agreement, and the Scope of Work and Schedule of Payments, Attachment B of this
Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules
and regulations.
(3) PERIOD OF AGREEMENT.
This Agreement shall cover the period from July 1, 2002, to May 19, 2005, unless terminated prior to
the ending date in accordance with the provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS.
Either party may request modification of the provisions of this Agreement. Changes that mutually
agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and
attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of "Department of Community Affairs", and mailed directly to the Department at the
following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Dep f
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(5) RECORDKEEPING.
(a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued, and shall allow the
Department or its de. signee, Comptroller, or Auditor General access to such records upon request. The
Recipient shall ensure that audit working papers are made available to the Department or its designee,
Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the Department, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five-year period
and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit
find..ings 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 of acquisition shall be retained for five years after final disposition.
closing of title.
3. Records relating to real property acquisition shall be retained for five years after
(b) All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Scope of Work and Schedule of Payments -
Attachment B - and all applicable laws and regulations.
(c) 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
Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but
ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through
Friday. "Agents" shall include, but not be limited to, auditors retained by the Department.
(6) REPORTS.
(a) If all required reports and copies are not sent to the Department or are not completed in a
manner acceptable to the Department, the Department may withhold payment until they are completed or may
take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a
Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the
Department" means that the work product was completed in accordance with generally accepted principles
and is consistent with the Payment Information (Attachment A) and the Scope of Work and Schedule of
Payments (Attachment B).
(b) Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure that time
schedules are being met and Scope of Work is being accomplished within specified time periods, and other
performance goals are being achieved. Such review shall be made for each function or activity set forth in
Attachments A and B to this Agreement. In addition, the Department will monitor the performance and
financial management by the Recipient throughout the contract term to ensure timely completion of all tasks.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Florida Statutes (see paragraph 12, "AUDIT REQUIREMENTS"), monitoring procedures may
include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to
compiy and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In
the event that 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 Department to the Recipient
re~arding such audit. The Recipient further agrees to comply and cooperste with ~ny inspections, rev,e,,~, 6 /." ~
investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the
Department will monitor the performance and financial management by the Contractor throughout the contract
term to ensure timely completion of all tasks.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, .F.!a. Stat.,
the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this
agreement, and shall save the Department harmless against all claims of whatever nature by third parties
arising out of the performance of work under this agreement. For purposes of this agreement, Recipient
agrees that it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision agrees to be fully responsible to the
extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by said
act§ or omissions. 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.
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if
any of the following events occur ("Events of Default"), all obligations on the part of the Department to make
any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may,
at its option, exercise any of its remedies set forth herein, but the Department may make any payments or
parts of payments after the happening of any Events of Default without thereby waiving the right to exercise
such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or
any previous agreement with the Department and has not cured such in timely fashion, or is unable or
unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be
filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days
from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under Attachment A (Payment Information) and Attachment B (Scope of Work and Schedule
of Payments) attached hereto.
(b) Upon the happening of an Event of Default, the Department may, at its option, upon thirty
(30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise
any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of
the following remedies shall not preclude the Department from pursuing any other remedies contained herein
or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United States
mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address
set forth in paragraph (10) herein;
Agreement;
2. Commence an appropriate legal or equitable action to enforce performance of this
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3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may be
taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of
costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies that may be otherwise available under law;'
(c) The Department may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack cf
compliance with applicable rules, laws and regulations; failure to perform in a timely manner; 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.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as
amended. Notification of suspension or termination shall include notice of administrative hearing rights and
time frames.
(e) In addition to any other remedies, th; Recipient shall return to the Department any funds
that were used for ineligible purposes under the program laws, rules, and regulations governing the use of the
funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department
by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law,
withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages
due the Department from the Recipient is determined.
(10) 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:
Richard Zyvoloski
3301 East Tamiami Trail
Naples, Florida
34112
(239) 774-8416
and
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(b) In the event that a different contact person, address or telephone number is designated by
the Recipient after execution of this Agreement, notice to the Department is required within 30 days and shall
include the new contact's name, address, telephone number and E-mail address.
(11) OTHER PROVISIONS.
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(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 subsequent
submission or response to Department request, or in any submission or response to fulfill the requirements of
this Agreement, and such information, representations, and materials are incorporated by reference. The lack
of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days
written notice to the Recipient, cause the termination of this Agreement and the release of the Department
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 6ut of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any
applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to
the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this
Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to insist
on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of
the'Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department
for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the
Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The 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 seq.), if applicable, which prohibits discrimination by public and private
entities on the basis of disability in the areas of employment, public accommodations, transportation, State and
local government services, and in telecommunications.
(f) A person or affiliate who has 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 Category Two for a
period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor
list.
(12) 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 all reasonable times for inspection, review, or audit by
state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local
time, Monday through Friday.
(c) The Recipient shall also 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 local government or a non-profit organization as defined in
OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 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. Attachment F to this Agreement indicates Federal
resources awarded through the Department 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 Department. 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.
. 6F
In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shal
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,
revised. '
If the Recipient expends less than $300,000 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 $300,000 in Federal awards in its fiscal year and elects 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 resources (i.e., the cost of such audit must be paid from Recipient resources obtained
from other than Fed~rat entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320
(d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal
Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit 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 Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
DepaFment pursuant to this Agreement shall be submitted timely 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.
6
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, should indicate the date that the reporting
package was delivered to the Recipient in correspondence accompanying the reporting package.
(i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of five years from the date the audit report is issued, and shall allow the
Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department, or its designee, the
Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the Department.
(j) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable
for reimbursement to the Department of all funds not spent in accordance with these applicable regulations
and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-
corflpliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical records,
and any other documents pertinent to this contract for a period of five years after the date of submission of the
final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-
year period, the records shall be retained until the litigat~n or audit findings have been resolved.
audit report shall include all management letters and the Recipient's response to all findings, including
corrective actions to be taken.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy
of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the
subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all
applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department 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 or required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such
conflict or inconsistency.
(b) This Agreement has the following attachments:
Attachment A - Payment Information
Attachment B - Scope of Work and Schedule of Payments
Attachment C - Request for Payment
Attachment D - In Kind Service Labor Summary Record
Attachment E - FEMNState Score Sheet and Crosswalk
Attachment F - Funding Sources
(16) FUNDING/CONSIDERATION
This is a fixed fee agreement. As consideration for performance of work rendered under this
Agreement, the Department agrees to pay a fixed fee of up to $20,000. Payment will be made in accordance
with the provisions of Attachment A (Payment Information). An invoice shall be submitted with each
deliverable which is in detail sufficient for a proper pre-audit and post-audit thereof.
(17) STANDARD CONDITIONS.
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The Recipient agrees to be bound by the following standard conditions:
(a) 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.
(b) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(c) If the Recipient is allowed'to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(d) 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
Department 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 unilateral cancellation of this Agreement by the Department.
(18)LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department in connection with 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 undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
2. 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 undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representative 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.
(19) 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 ~116 F3
AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all dghts and entitlements to that pre-existing patent or copyright unless
the Agreement provides otherwise.
(b) If any discovery or invention adses or is developed in the course of or as a result of work or
services performed under, this Agreement, or in any way connected herewith, the Recipient shall refer the
discovery or invention to the Department for a determination whether patent protection will be sought in the
name of the State of Florida. Any and all patent rights accruing under or in connection with the performance, of
this Agreement are hereby reserved to the State of Flodda. In the event that any books, manuals, films, or
other copyrightable matedat are produced, the Recipient shall notify the Department. Any and all copyrights
accruing under or in connection with the performance under this Agreement are hereby transferred by the
Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant 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 that is So disclosed. Failure to disclose will indicate that no such property exists.
The Department shall then, under Paragraph (b), have the right to all patents and copyrights that occur during
performance of the Agreement.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this' Agreement that it possesses the legal authority to
receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and
assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to
legally execute and bind Recipient to the terms of this Agreement.
(21) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or
services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant
within 40 days shall result in the Department paying interest at a rate as established pursuant to Section
55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may receive
assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's
Hotline at 1-800-848-3792.
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
officials as duly authorized.
RECIPIENT: BOARD OF COUNTY
COMMISSIONER~, ~gOLLIER COUNTY,
~ ' Date:
Tom I--~nning, C'~4airman
FEID ~ 59~000-558
,~ES? DWigh[[. Brock, Clerk
' . DePUty Cle[k
Appr°v0d as to Form and Legal Sufficiency
By:
..ssis~nt Count~ Attorney
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By: Date:
W. Craig Fugate, Director, Division of
Emergency Management
10
Attachment A
16F3
PAYMENTINFORMATION
A. Upon execution of this Agreement, and submission of the deliverables after the start date of this
agreement, the Recipient shall be compensated for tasks completed in accordance with the Scope of Work
and Schedule of Payments, which are incorporated in this Agreement as Attachment B, except as provided
herein.
B. The payment process shall be initiated by the Department upon receipt of an acceptable Request'
for Payment form (Attachment C) accompanied by the appropriate deliverable as defined in attachment B.
The Department will release the payment for each deliverable only upon a determination that the work product
is complete and acceptable. The Recipient's authorized official shall sign the Request for Payment
(Attachment C). No request will be processed until the Request for Payment is correct and supported by the
product that meets the requirements of this Agreement.
C. If the Department finds that the Recipient is not in compliance with the terms of this Agreement, or
is not in compliance with any other grant program administered by the Department, then without waiving its
right to terminate this Agreement, the Department may, with written notice, withhold payment until the
Recipient is in compliance with and is performing satisfactorily under this Agreement or the applicable
requirement of any other grant program administered by, the Department. The notice will be sent by Certified
Mail, with return receipt requested, to the designated contact person. Noncompliance under this section
includes, but is not limited to, the Recipient's failure to submit timely, accurate and complete products required
under this Agreement.
D. Funding Requirements: 75% federal funds; 25% local match (local match may be cash or in-kind
services in accordance with 44 CFR 13.24or any combination of the two).
E. This is a fixed-fee contract. The Department will pay the federal share agreed to for each
deliverable upon receipt of that deliverable and a finding by the Department that the deliverable meets the
criteria referred to above. Each invoice for payment must be accompanied by the deliverable and
documentation of the local match. For cash match, acceptable documentation will be a copy of the journal
entry or a cancelled check. For in-kind match acceptable documentation will be a completed copy of the
Florida Division of Emergency Management In-Kind Service Labor Summary Record (Attachment D) The final
deliverable shall be an updated, revised and compiled LMS document. Recipient shall provide 3 copies of
each deliverable in both hard copy and electronic format.
11
Attachment B
Scope of Work and Schedule of Payments
Purpose
The Recipient shall submit a revised Local Mitigation Strategy (LMS) document for Collier County, Florida,
(hereafter referred to as the "Plan") that is in compliance with the local hazard mitigation requirements of
Section 322 of the Disaster Mitigation Act of 2000 (DMA2K) as implemented in the Intedm Final Rule (44CFR,
Part 201).
First-Deliverable
Timeframe: Due by December 31, 2003.
Estimated Cost: $2,000.00
Federal Share: $1,500.00
Local Match: $500.00
By the due date, the Recipient shall provide the Department with the First Contract Period Deliverable
consisting of:
1. Documentation that the public is being given an opportunity to comment on the plan.
2. Documentation that neighboring communities, local and regional agencies involved in hazard mitigation
activities, agencies that have the authority to regulate development, businesses, academia and other private
and non-profit interests are being invited and encouraged to actively participate in the planning process.
3. Documentation, where appropriate, that existing plans, studies, reports, and technical information were or
are being reviewed and are being incorporated into the plan. This documentation must include FMA and CRS
plans, if applicable
4. A description of the planning process that is being used to develop the plan, including how it is being
prepared, who is involved in the process, and how the public is involved.
Second Deliverable
Timeframe: Due by April 30, 2004.
Estimated Cost: $3,000.00
Federal Share: $2,250.00
Local Match: $750.00
By the due date, the Recipient shall provide the Department with the Second Contract Period Deliverable
consisting of:
1. A descdption of the type of all natural hazards that can affect the jurisdiction. At a minimum the Plan must
address the following hazards: Earthquakes; Tsunamis; Coastal and Rivedne Erosion; Landslides/Sinkholes;
Hurricanes and Coastal Storms; Severe Storms/Tornadoes; Floods; Wildfires; Dam/Levee Failure;
Drought/Heat Wave; and Winter Storms/Freezes. The description must document how any additional hazards
were identified. If any of the above hazards are excluded, the Plan must document why they were excluded
from the jurisdiction's hazard analysis.
2. A description of the location and extent of each identified hazard that can affect the jurisdiction. The plan
shall include information on previous occurrences of hazard events and on the probability of future hazard
events for each identified hazard. When appropriate, the hazard analysis should also identify on a map the
areas affected by each identified hazard.
12
3. A description of the jurisdiction's vulnerability to each identified hazard. The description shall includ~nO
overall summary of each identified hazard and its impact on the community.
4. A description of vulnerability in terms of the types and numbers of existing buildings, infrastructure, and
critical facilities located in each identified hazard area. A rationale for designating a facility as critical shall be
included in this section. In the first update of the plan the vulnerability description should also include a
discussion of future buildings infrastructure and cdtical facilities, and the potential human and economic impact
that each identified hazard would have on the jurisdiction.
5. A description of vblnerability in terms of an estimate for each identified hazard of the potential dollar losses
to vulnerable structures identified and a description of the methodology used to prepare the estimates.
6. A general description of land uses and development trends within the jurisdiction so that mitigation options
can be considered in future land use decisions.
7. An assessment of each jurisdiction's dsks where they vary from the risks facing the entire planning area for
eacl~ identified hazard.
Third Deliverable
Timeframe: Due by August 31, 2004.
Estimated Cost: $13,000.00
Federal Share: $9,750.00
Local Match: $3,250.00
By the due date, the Recipient shall provide the Department with the Third Contract Period Deliverable
consisting of:
1. A mitigation strategy that provides the jurisdiction's blueprint for reducing the potential losses identified in
the risk assessment based on existing authorities, policies, programs and resources, and its ability to expand
on and improve these existing tools. The Mitigation Strategy shall address FEMA's Floodplain Map
Modernization Program and Repetitive Loss Initiative including: prioritization of mitigation measures towards
repetitive loss properties; fulfillment of CRS planning requirements, and FEMA's on-going field and database
verification projects for repetitive loss properties.
2. A description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards.
3. A plan section that identifies, evaluates, and analyzes a comprehensive range of specific mitigation actions
and projects being considered to reduce the effects of each hazard identified, with particular emphasis on new
and existing buildings and infrastructure.
4. An action plan describing how the actions identified will be prioritized, implemented, and administered by
the local jurisdiction. This Section shall include the implementation timeline; the funding sources or other
resources that will be used to implement the strategy, when possible; and the agency or personnel responsible
for carrying out these actions. For FEMA program funding these mitigation measures must be cost effective,
environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the
measures based on these criteria.
5. Individual action items for each jurisdiction requesting FEMA approval of or credit for the plan. For FEMA
program funding these mitigation measures must be cost effective, environmentally sound and technically
feasible. The local jurisdiction and the State must prioritize the measures based on these criteria.
6. A plan section describing the method and schedule of monitoring, evaluating and updating the mitigation
plan within a five-year cycle.
7. A description of the process by which local jurisdictionS incorporate the requirements of the mitigation plan
into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate.
8. A discussion on how the community will continue public participation in the ongoing mitigation planning
process.
13
Fourth Deliverable
Timeframe: Due by December 31, 2004.
16F3
Estimated Cost: $7,000.00
Federal Share: $5,250.00
Local Match: $1,750.00
By the due date, the' Recipient shall provide the Department with the Fourth Contract Period Deliverable
consisting of:
1. Documentation that at a minimum one public meeting after the completion of the draft and prior to the plan's
approval were conducted to solicit formal comments on the plan. In addition the Plan must document the
community's efforts to solicit comments from those residents who did not attend the public meetings.
2: The final revised Local Mitigation Strategy (LMS) ready for submission to FEMA for review and approval
that fulfills all the requirements for local hazard mitigation plans. A FEMNState Score Sheet and Crosswalk
(Attachment E) with the page numbers of the appropriate sections cf the LMS filled in next to each criterion
must accompany the LMS.
Please note that the Interim Final Rule requirement for formal adoptio, n by'each participating
jurisdiction Set forth below is outside the scope of this contract. LMS Working Groups may want to
delay presenting the plan to the jurisdictions for adoption until FEMA approves the substance of the
plan.
44 CFR 201.6(c)(5)- Multi-jurisdictional Plans shall include a copy of the executed resolution formally
adopted by the governing bodies of each of the jurisdictions requesting approval of the plan.
Fundin.cI Requirements
75% federal funds; 25% local match (local match may be cash or in-kind services or any combination of the
two). Please provide a project cost breakdown and specify how the Recipient intends to meet the local match.
It is understood that this local match breakout is for planning purposes only and the actual relationship of cash
to in-kind services may vary due to circumstance.
Total Project Cost $25,000.00
Federal Share $20,000.00
Local Match $5,000.00
Cash $0.00
In-kind $5,000.00
14
16F ,
SUBGRANTEE NAME:
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No:
FEMA Tracking Number:
Attachment C
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Payment under the Pre-Disaster
Mitigation Grant Program (CFDA #83-557)
Pre-Disaster Mitigation Grant
Program - FY 2002
,J
DCA Agreement No:
Eligible Amount Obligated Obligated Previous Current DCA Use Only
100% FEMA Local Match Payments Request
75% 25% Approved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements
were made in accordance with all conditions of the DCA agreement and payment is due and has not been
previously requested for these amounts.
SUBGRANTEE SIGNATURE:
NAME AND TITLE: DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $
APPROVED FOR PAYMENT
GOVERNOR'S AUTHORIZED REPRESENTATIVE
DATE
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16F3
Attachment F
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
Catalog of Federal Domestic Assistance Number: 83.548
Program: Hazard Mitigation Grant
Popular Name: HMGP
Amount of Federal Funds Provided Under This Agreement: _
~ Objectives: To provide States and local govemments financial assistance to implement
measures that will permanently reduce or eliminate future damages and losses from natural
hazards through safer building practices and improving existing structures and supporting
infrastructure.
- COMPLIANCE REQUIREMENTS APPLICABLE W THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOllOWS:
Applicant Eligibility: State agencies, local governments, public entities, private nonprofit
organizations as defined in 44 CFR Section 206.433, Native American Tribes or authorized tribal
organizations, and Alaskan Native villages or organizations, but not Alaskan native corporations
with ownership vested in private individuals. States may elect to become Managing States.
Managing States are delegated more authority in managing the HMGP. In order to be selected as
a Managing State, the State must demonstrate the ability to manage the grant program, must
have in effect an approved Enhanced mitigation plan and have a demonstrated commitment to
mitigation activities.
Beneficiary Eligibility: States and communities.
Application Procedure: The State solicits, reviews, prioritizes and selects applications from the
community for funding
Award Procedure: FEMA will' notify the State in writing of the awards. Funds are posted in the
Smart-Link system. The State awards all sub-grants.
Appeals: An eligible applicant, sub-grantee, or State may appeal any determination previously
made related to an application for or the provision of Federal assistance according to procedures
set forth in Section 206.440.
Formula and Matching Requirements: FEMA can fund up to 75 percent of the eligible costs of
each project. The State or project applicant must provide a 25 percent match. The 25 percent
nonfederal share can be a combination of cash, in-kind services, or materials. The amount of
funding for the Program is based on 15 percent of all other disaster grants.
Audits: In accordance with the provisions of OMS Circular No. A-133, "Audits of States, Local
Governments, and Non-Profrt Organizations," nonfederal entities that expend financial assistance
of $300,000 or more in Federal awards will have an audit made for that year. Nonfederal entities
that expend less than $300,000 a year in Federal awards is exempt from Federal audit
requirements for that year, except as noted in Circular No. A-133.
Records: Records are not kept over 3 years. However, FEMA is required to track the use of real
property acquired with grant funds in order to ensure that the property is maintained for open
space in perpetuity. Subgrantees and State will need to retain real estate transaction and
16F3 ,
property tracking records indefinitely. FEMA is developing a computerized database to ease this
burden.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
There are no state funds to be awarded under this agreement.
~