Agenda 10/27/2009 Item #16F 2Agenda Item No. 16F2
October 27, 2009
EXECUTIVE SUMMARY Page 1 of 49
Recommendation for the Board of County Commissioners to approve and
authorize the Chairman to sign an Agreement between Collier County and the
Florida Division of Emergency Management accepting a Grant award for
$105,806 for Emergency Management Program Enhancement and approve
the associated budget amendment.
OBJECTIVE: That the Board of County Commissioners accept and approve the Agreement
( #10- BG- 25- 09- 21 -01) between the State of Florida, Division of Emergency Management and
Collier County for funds that will enhance emergency program activities within Collier County
for Fiscal Year 2010.
CONSIDERATION: The Emergency Management Preparedness Assistance Grant has been
given by the Florida Department of Community Affairs (Department) to each county for the past
fifteen years and does not require an application. These funds are available as a result of a
surcharge of $2.00 for each residential insurance policy and $4.00 for each business insurance
policy issued in Florida. The Florida Legislature adopted Rule 9G -19, Florida Administrative
Code in January 1994. This Rule enables counties with full -time emergency management
directors to receive monies to enhance existing programs by purchasing additional equipment,
services, or hiring additional personnel. Each county must develop a five year Strategic plan
which comprises the Scope of Work for the grant. For Fiscal Year 2010, the Department of
Community Affairs has agreed to provide the sum of $105,806 to Collier County for program
enhancements. From this sum, the State Division of Emergency Management will deduct an
annual service charge of $3,082 for the Emergency Satellite Communication System
(ESATCOM) that is installed in the Emergency Operations Center and the Sheriff's Office
Communications Center. In addition, the amount of $4,625 will be deducted from the total
allocation to reimburse the State Division of Emergency Management for payment of non-
recurring satellite charges on behalf of the County. As in past years, monies from this fund
cannot be used to supplant existing emergency management funding nor be used to match funds
from another program under this Trust Fund.
FISCAL IMPACT: The adopted FYI budget appropriated $69,000 in anticipated EMPA
grant proceeds based on information from the State at the time of budget preparation. Net grant
proceeds are as follows:
EMPA Grant $105,806
Less ESAT service charges ($7,707)
Net grant proceeds $98,099
A budget amendment in the amount of $29,099 is necessary to align grant proceeds with
appropriated expenses. No general funds are being used.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's office
and is legally sufficient for Board action. -CMG
GROWTH MANAGEMENT IMPACT: There is no Growth. Management Impact associated
with this Executive Summary.
Agenda Item No. 16F2
October 27, 2009
Page 2of49
RECOMMENDATION: That the Board of County Commissioners approve and authoriz the
Chairman to sign the Agreement ( #10- BG- 25- 09- 21 -01) accepting a Grant award totaling
$105,806 from the Florida Division of Emergency Management for emergency management
program enhancement and approve the associated budget amendment.
Prepared by: Christine Chase, Sr. Administrative Assistant, Dept. of Emergency Management
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Page 1 of 1
Agenda Item No. 16172
October 27, 2009
Page 3 of 49
file://C: \AgendaTest \Export \137 - October 27, 2009 \16. CONSENT AGENDA \16F. COUN... 10/21/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16F2
Item Summary:
Recommendation for the Board of County Commissioners to approve and authorize the
Chairman to sign an Agreement between Collier County
and the Florida Division of
Emergency Management accepting a Grant award for
$105,806 for Emergency Management
Program Enhancement and approve the associated budget amendment.
Meeting Date:
10/27/2009 9:00:00 AM
Prepared By
Christine Chase
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
10114/2008 8:16:53 AM
Approved By
Marlene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
10/14/2009 8:37 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
10/14/2009 9:22 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/15/2009 4:41 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/1612009 11:03 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
1 0/1 612009 4:06 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10116/2009 4:15 PM
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Agenda Item No. 16F2
October 27, 2009
Page 4 of 49
Contract Number: 10- BG- 25- 09- 21 -01-
CFSA Number: 52.008
STATE and 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 perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment C.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on October 1, 2009 and shall end on September 30, 2010,
unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) 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.
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(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non - expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(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 Budget
and Scope of Work - Attachment A - 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
For Federal Funds:
(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 local government or a non - profit organization as defined
in OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in
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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.parrish @dca.state.fl.us]
and
Division of Emergency Management
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (submit the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h 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.
Agenda Item No. 16F2
October 27, 2009
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(f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
[also send an electronic copy to aurilla.parrfsh @dca.state.fl.us]
and
Division of Emergency Management
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A -133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non - compliance.
0) 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 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.
For State Funds:
(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.
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(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 nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply
with the following:
If the Recipient expends a total amount of State financial assistance equal to or more than
$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific
audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or
10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement shows the State financial assistance awarded by this Agreement. In determining the State
financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial
assistance, including State funds received from the Division, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass- through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes
submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the
event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost
of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities). Additional information on the
Florida Single Audit Act maybe found at the following website: http:/t www .state.fl.us /fsaa /statutes.html.
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. Copies of financial reporting packages required under this Paragraph 6 shall
be submitted 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
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Agenda Item No. 16172
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Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
[an electronic copy shall also be submitted to aurilla.parrish @dca.state.fl.us]
and
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Any reports, management letter, or other information required to be submitted
to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on
time as required under 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.
5. Recipients, when submitting financial reporting packages to the Division or the
Department of Community Affairs 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, should indicate the date that the reporting package was delivered to the Recipient in
correspondence accompanying the reporting package.
(f) If the audit shows that all or any portion of the funds disbursed hereunder 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.
(g) The Recipient shall have all audits completed in accordance with Section
215.97, Fla. Sta . by an independent certified public accountant (IPA) who shall either be a certified public
accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the
audit complied with the applicable provisions noted above. The audit must be submitted to the Division
no later than nine (9) 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
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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 March 31, June 30, September 30
and December 31.
(c) The close -out report is due 60 days after termination of this Agreement or 60 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.
Q
(f) The Recipient shall provide additional reports and information identified in Attachment
(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
Agenda Item No. 16F2
October 27, 2009
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arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ( "Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail -retum receipt requested, to the address in
paragraph (13) herein;
Agreement;
(b) Begin an appropriate legal or equitable action to enforce performance of this
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(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:
request additional information from the Recipient to determine the reasons for
or the extent of non - compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(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.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of
damages due the Division from the Recipient is determined.
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(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 Emergency Management
8075 Lely Cultural Pkwy, Suite 445
Naples, Florida 34113'
Telephone: 239 -252 -3600
Fax: 239 - 252 -3609
Email: DanSummersO- 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 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 performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority 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.
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October 27, 2009
Page 14 of 49
(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 and A -1 — Scope of Work
Attachment B — Budget
Attachment C — Program Statutes, Regulations and Program Requirements
Attachment D — Reports
Attachment E — Justification of Advance
Attachment F — Warranties and Representations
Attachment G — Certification Regarding Debarment
Attachment H — Statement of Assurances
Attachment I — Change Sheet
(17) FUNDING /CONSIDERATION
(a) This is a cost- reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $98,099,
[2009 -2010 EMPA], subject to the availability of funds. Upon the expiration of the EMPG FY 2008 -2009
subgrant between the Division and the Recipient on September 30, 2009, all of the remaining
unexpended funds in that subgrant will automatically be deobligated from the subgrant and transferred to
this Agreement to be used in the same manner and for the same purposes as the EMPA funds for FY
2009 -2010. However, the 2008 -2009 EMPG funds must be fully expended on or before June 30, 2010.
(b) By its execution of this Agreement, the Recipient also authorizes the Division to pay
on its behalf $3,082 for the recurring charges for the satellite communications service from the total
allocation provided to Recipient of $105,806. In addition, the amount of $4,625 is deducted from the total
allocation to reimburse the Division for payment of non - recurring satellite charges on behalf of the
Recipient.
(c) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which maybe 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 -87, 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 included in this Agreement as
11
Agenda Item No. 16172
October 27, 2009
Page 15 of 49
Attachment E. Attachment E will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
An advance payment of $s requested
(d) 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 Budget and Scope of Work,
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 thirty days of receiving notice from the Division.
The amount of funds available pursuant to this rule chapter (Rule 9G- 19.011, Florida
Administrative Code) may be adjusted proportionally when necessary to meet any matching requirements
imposed as a condition of receiving federal disaster relief assistance or planning funds.
Any requests received after October 31, 2010, may, in the discretion of the Division, not be
reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile
transmission.
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 returned 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.
12
Agenda Item No. 16172
October 27, 2009
Page 16 of 49
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.
At a minimum, the Recipient shall continue to provide other funding for the Recipient's
Emergency Management Agency at an amount equal to either: (1) the average of the previous
three years' level of county general revenue funding of the Recipient's Emergency Management
Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last
fiscal year, whichever figure is lower (Rule 9G- 19.011, Florida Administrative Code). Recipient's
general revenue funding for 911 services, emergency medical services, law enforcement, criminal
justice, public works or other services outside the local emergency management agency as
defined by Section 252.38, Florida Statutes, shall not be Included in determining the "level of
county funding of the Recipient's Emergency Management Agency:' The Recipient shall certify
compliance with Rule Chapter 9G -19, Florida Administrative by its execution of this Agreement,
and as a condition precedent to receipt of funding.
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:
(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
Finance and Accounting
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.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
13
Agenda Item No. 16F2
October 27, 2009
Page 17 of 49
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and
the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 to sea..), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 35 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five -year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
14
Agenda Item No. 16F2
October 27, 2009
Page 18 of 49
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(g)2. of this certification; and
4. have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(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.
Fla. Stat.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly - funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
( "INA ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) 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 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.
15
Agenda Item No. 16F2
October 27, 2009
Page 19 of 49
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 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.
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.
16
Agenda Item No. 16F2
October 27, 2009
Page 20 of 49
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre - existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
17
I
October 27, 2009
Page 21 of 49
(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.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Donna Fiala, Chairman
Date:
FEID# 59- 60000558
ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legal Sufficiency
By:
Deputy Clerk Assistant County Attomey
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Ruben D. Almaguer, Interim Director, Division of Emergency
Management
Date:
18
Agenda Item No. 16F2
October 27, 2009
Page 22 of 49
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT:
Federal Program
Federal Agency: U.S. DHS/FEMA
(Department of Homeland Security /Federal Emergency Management Agency)
Catalog of Federal Domestic Assistance title and number. EMPG197.042
(Emergency Management Performance Grant)
Award amount: (Federal funds will be awarded at a later date)
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
OMB Circular A-87 and A -133
48 CFR, Part 31
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: SUBJECT TO SECTION 215.97 FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance fide and number)
State Awarding Agency: Division of Emergency Management
Catalog of State Financial Assistance Title: Emergency Management Programs
Catalog of State Financial Assistance Number. 52008
State Financial Assistance: $105,806 (less $3,082 for satellite service for 12 months and also less $4,625 for non-
recurring charges
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G -19, Florida Administrative
Code.
Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county
emergency management plans and programs.
Eligible recipients for these funds are the 67 Florida counties.
19
L
Agenda Item No. 16F2
October 27, 2009
Page 23 of 49
Attachment A and A -1
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
intended to enhance county emergency management plans and programs that are consistent with the
State Comprehensive Emergency Management Plan and Program (reference 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 population.
In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its
Emergency Management Program.
As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work
items approved by the Division and attached hereto as Attachment A -1. Subsequent revisions during the
term of this Agreement shall be a written modification in accordance with Paragraph (4) of this
Agreement.
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Agenda Item No. 16F2
October 27, 2009
Page 31 of 49
00
N
Agenda Item No. 16F2
October 27, 2009
Page 32 of 49
Attachment B
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a),
FUNDING/ CONSIDERATION). A separate budget form for the Emergency Management
Performance Grant (EMPG) portion of this subgrant will be provided when federal funds are
awarded by the Division
Category
Salaries /Fringe Benefits
Other Personal Services
Expenses
Operating Capital Outlay
Fixed Capital Outlay
Anticipated Expenditure Amount
$ ;Z , 5— E-1 �)
$
Total State Funds $ 19 � 079
9
(see section 17 — Funding /Consideration)
29
Agenda Item No. 16F2
October 27, 2009
Page 33 of 49
Attachment C
Program Statutes, Regulations and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 9G -6, 9G -11, 9G -19 and 9G -20, Florida Administrative Code
3. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc.,
Personal Earth Station and related equipment (hereinafter "the Equipment ").
The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1)
the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes
Network Systems, Inc. ("HNS'), and the Division, (a copy of which is available from the Division)
regarding the procurement and use of the Equipment; and (2) the Services Agreement Between
Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is
available from the Division) (hereinafter, collectively, "the HNS Agreements ") regarding the
operation of an interactive satellite communications service for the Division, the Recipient and
other sites. In particular, the Recipient agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and any
requests for repairs, service, maintenance or the like, shall be communicated directly and
exclusively to the Division's State Warning Point (SWP) (850) 413 -9910.
B. That the Recipient will assist and comply with the instructions of the SWP and any technical
service representative responding to the report or service request. Recipient's personnel
shall cooperate with and assist service representatives, as required, for installation, trouble-
shooting and fault isolation, with adequate staff.
C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the
Equipment, accessories, attachments and related items without the express written approval
of the Division.
30
Agenda Item No. 16F2
October 27, 2009
Page 34 of 49
D. That the Recipient shall provide access, subject to reasonable security restrictions, to the
Equipment and related areas and locations of the Recipient's facilities and premises, and will
arrange permitted access to areas of third -party facilities and premises for the purpose of
inspecting the Equipment and performing work related to the Equipment. Service represen-
tatives and others performing said work shall comply with the Recipient's reasonable rules
and regulations for access, provided the Division is promptly furnished with a copy after
execution of this Agreement. The Recipient shall provide safe access to the Equipment and
will maintain the environment where the Equipment is located in a safe and secure condition.
The Recipient shall provide service representatives with access to electrical power, water and
other utilities, as well as telephone access to the Recipient's facility as required for efficient
service.
E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the
Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient
to procure insurance. The Division agrees to procure and maintain all risks insurance
coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the
Equipment in any manner which is inconsistent with the HNS Agreements, any policy of
insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or
regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or
allowed to deteriorate, except normal wear and tear resulting from its intended use. The
Recipient shall immediately report any damage, loss, trouble, service interruption, accident or
other problem related to the Equipment to the SWP, and shall comply with reasonable
instructions issued thereafter.
F. That any software supplied in connection with the use or installation of the equipment is
subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or
the Division's vendor(s). The use of one copy of said software is subject to a license granted
from HNS to the Department, and a sublicense from the Division to the Recipient, to use the
software solely in the operation of the Equipment, to commence on delivery of the software to
the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i)
copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii)
create or attempt to create, or permit others to create or attempt to create, by reverse
engineering or otherwise, the source programs or any part thereof from the object programs
or from other information provided in connection with the Equipment. The Recipient shall not,
directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third
party.
31
I
Agenda Item No. 16F2
October 27, 2009
Page 35 of 49
G. To comply with these provisions until the termination of the HNS Agreements.
H. The amounts retained for the satellite service cover the initial order for services provided to
the Division pursuant to the services agreement between Hughes Network Systems and the
State of Florida. The charge does not cover maintenance, repair, additional equipment and
other services not part of the initial order for services. The service charge covers only the
remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with
HNS and does not cover other maintenance, repair, additional equipment and other services
not part of the initial order for services. In particular, the service charge does not cover:
1. Maintenance, repair, or replacement of parts damaged or lost through
catastrophe, accident, lightning, theft, misuse, fault or negligence of the
Recipient or causes external to the Equipment, such as, but not limited to,
failure of, or faulty, electrical power or air conditioning, operator error, failure or
malfunction of data communication Equipment not provided to the Recipient by
the Division under this Agreement, or from any cause other than intended and
ordinary use.
2. Changes, modifications, or alterations in or to the Equipment other than
approved upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the Equipment or any accessories,
attachments or other devices.
The Recipient shall be independently responsible for any and all charges not part of the initial service
order.
(2) NAWAS
The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security
product that shall be monitored 24 hours a day /365 days a year. The U. S. Department of Homeland
Security supplies the line and one handset to the recipient at no cost Additional equipment, connections
and handsets are the responsibility of the recipient.
32
Agenda Item No. 16172
October 27, 2009
Page 36 of 49
(3) VEHICLES
Written approval from the Director of the Division of Emergency Management must be
obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the
absence of such approval, the Division has no obligation to honor such reimbursement request. Any
trade -in or resale funds received relating to any vehicle purchased under this subgrant is program income
and must be applied toward the Recipient's Emergency Management Preparedness and Assistance
(EMPA) Base Grant expenditures.
(4) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and Budget
Circular A -102 - Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement
for the purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of the
Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and
procedures and applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 9G -6, 9G -11, and 9G -19, Florida Administrative Code, Chapter 252,
Florida Statutes, and appropriate administrative rules and regulations that guide the emergency
management program and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management, Preparedness
and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from
one program under the Trust Fund be used to match funds received from another program under the
Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services,
emergency medical services, law enforcement, criminal justice, fire service, public works or other services
33
Agenda Item No. 16F2
October 27, 2009
Page 37 of 49
outside the emergency management responsibilities assigned to the Recipient's Emergency Management
Agency, unless such expenditure enhances emergency management capabilities as expressly assigned
in the local Comprehensive Emergency Management Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement (SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full -time
Director consistent with Rule 913- 19.002(6), Florida Administrative Code.
6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or partial
County Emergency Operation Center activation at a level equivalent to a State Emergency Operation
Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-
five (45) days following the conclusion of the activation, evaluate the performance of all elements of the
local emergency management program during that activation, and provide a written after action report to
the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational
information to educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and other
personnel only if the Recipient's Emergency Operation Center or field command office is in an activated
status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be
made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency
appropriately declared by local officials in response to an emergency event or threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new
or updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the
local emergency management program provided in s.252.38, Florida Statutes.
34
Agenda Item No. 16F2
October 27, 2009
Page 38 of 49
Attachment D
Reports
A. The Recipient shall provide the Division with quarterly financial reports, semi - annual summary
progress reports prepared in conjunction with the Division's Area Coordinator, and a final close-
out report, all in a format to be provided by the Division.
B. 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 of each quarter of the
program year; and shall continue to be submitted each quarter until submission of the
final close -out report. The ending dates for each quarter of this program year are
December 31, March 31, June 30 and September 30.
C. The final close -out report is due thirty days after termination of this Agreement.
D. In addition to the above, in order to ensure compliance with Rule 9G- 19.011, Florida
Administrative Code, historical budgetary information relating to the Recipient's Emergency
Management Program is also required. This information shall be developed based on guidelines
provided by the Department and shall be submitted to the Division electronically no later than
December 31, 2009. In addition, the funds associated with the 2007 EMPG Supplemental and
the additional 2008 EMPG funds must be included on this form. The Historical Information form
must be prepared and signed by an official of the County's Finance Office.
E. In a format provided by the Division, a proposed staffing summary shall be submitted to the
Division not later than December 31, 2009.
F. If all required reports prescribed above are not provided to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are
completed or may take such other action as set forth in Paragraphs (10), (11) and (12), and Rule
9G- 19.014, Florida Administrative Code. "Acceptable to the Division" means that the work
product was completed in accordance with generally accepted principles, guidelines and
applicable law, and is consistent with the Scope of Work.
G. Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Division.
M
Agenda Item No. 161F2
October 27, 2009
Page 39 of 49
H. All report formats provided by the Division shall be made available to the Recipient on the
Division's Internet site and a hard copy will be mailed with a fully executed copy of the
Agreement.
Agenda Item No. 16F2
October 27, 2009
Page 40 of 49
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested,
budget data on which the request is based must be submitted. Any advance payment under this Agreement is
subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash
needs of the Recipient within the initial three months of the Agreement.
T/-J-NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
[ ] ADVANCE 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.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
' First three months expenditures need only be provided for tae years in wmcu you requested an savance. it you no not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
Cell D3
X $ _
DEM Award
(Do not include any match)
37
MAXIMUM ADVANCE
(A)
(B)
(C)
(D)
DESCRIPTION
FFY 2007
FFY 2008
FFY 2009
Total
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
' First three months expenditures need only be provided for tae years in wmcu you requested an savance. it you no not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
Cell D3
X $ _
DEM Award
(Do not include any match)
37
MAXIMUM ADVANCE
Agenda Item No. 16F2
October 27, 2009
Page 41 of 49
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
( j Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
( j Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above:
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if
needed.
ESTIMATED EXPENSES
Explanation of Circumstances:
38
200-200 Anticipated Expenditures for First Three Months
BUDGET CATEGORY
of Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
38
Attachment F
Warranties and Representations
Financial Management
Agenda Item No. 16172
October 27, 2009
Page 42 of 49
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, 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.
39
Agenda Item No. 16F2
October 27, 2009
Page 43 of 49
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
40
Agenda Item No. 16F2
October 27, 2009
Page 44 of 49
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
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DCA Contract Number
41
Agenda Item No. 16F2
October 27, 2009
Page 45 of 49
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, that govern the application, acceptance and use of Federal funds for this federally- assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally- assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. it will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will 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.
42
Agenda Item No. 16F2
October 27, 2009
Page 46 of 49
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
43
Agenda Item No. 16F2
October 27, 2009
Page 47 of 49
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 race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
44
Agenda Item No. 16172
October 27, 2009
Page 48 of 49
Attachment 1
CHANGE SHEET
Whenever there is a change to any information listed in the Telephone Directory, please note changes on
this change form and submit it to our office as soon as possible. It is imperative for this directory to be as
accurate as possible in the event of an emergency. A copy of these changes will be forwarded to the
other counties on the Change Form included in the Telephone Directory.
County:
Emergency Management Contact/Director:
Mailing Address:
Physical Address:
Office Phone:
Home Phone:
Fax:
Suncom:
Warning Point Phone:
Duty Pager:
Cellular Phone:
Warning Point Fax:
Internet Address:
Assistant Director:
Office Phone:
Pager:
Cellular Phone:
Home Phone:
Other Staff:
Directions to EOC:
45
Directions to EM Office:
County Officials:
Mayor.
Office Phone:
Fax:
Chairman:
Office Phone:
Fax:
County Administrator:
Office Phone:
Fax:
Assistant County Administrator:
Office Phone:
Fax:
Sheriff:
Office Phone:
Fax:
Superintendent:
Office Phone:
Fax:
American Red Cross: (include Chapter)
Office Phone:
Fax:
Other:
I
Agenda Item No. 16F2
October 27, 2009
Page 49 of 49
Submit changes to Linda McWhorter by e-mail at Linda mcwhortera- em.mvflorida.com, by fax at 650-
410 -1016 or at the following address:'
Division of Emergency Management'
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
46