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Backup Documents 06/14/2016 Item #16E 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .•LL THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to oi,,kr,ival document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on The arenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. � � j **NEW** ROUTING SLIP 4L 4'6I Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. Jennifer Belpedio County Attorney Officet0 4. BCC Office Board of County b� Commissioners Att !,51 -14-i tS1 5. Minutes and Records Clerk of Court's Office 1)(\\ (go 411 2:'ecql/k. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Christine Boni Phone Number 252-3617 Contact/ Department Agenda Date Item was 6/14/16 Agenda Item Number 16E8 , 18072 Approved by the BCC Type of Document Grant Agreement ti./ Number of Original 2—need both back Attached Documents Attached send to State PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairma 'soriginal si ature? CB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ' L-C1A3 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 1 �� Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ,lee should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/14/16 and all changes made during the N/A is not meeting have been incorporated in the attached document. The County Attorney's Q 0._.e> an option for Office has reviewed the changes,if applicable. this line_ 9. Initials of attorney verifying that the attached document is the version approved by the ,,,/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 _ , 16E8 ,__ ___ , , -. ,c, �r County 'of'Gollier CLERK OF THE CI4.CU f COURT COLLIER COUNTY C(*JRTHO SE Dwight E. Brock`"clerk of circuit Court 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 NAPLES,FL 34112-5324 / r NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor': Custodian of County Funds June 16, 2016 Division of Emergency Management Attn: Jenene Helms 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re: Division of Emergency Management— State Funded Grant Agreement Transmitted herewith are two (2) original applications of the above referenced document for your records per request, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, June 14, 2016, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK i. 11.rditb:— Ait- -: Martha Vergara, Depty lerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com 16E8 _____ fedex.com 1.800.GoFedEx 1800 463 3339 W Si n :1a ,ta g' Ze0 gO n n to m F m F ..) y I ' 'C rn 0. 61 m V 1 3 - 3l cp sI v 12.2 il, § i . , iir • , ....„, ,... a, , of sa. N : 4 I ....../ ,. Cl Y 7 pr i ' t r 0 IE 116:41 - q$$y 3 9.0 is- _N w _N I L"' 3 •, op ' D ❑ _ Lon , kf. '`' \Y i NIP C 30=� r ..tri‘ .11 14e ' gid ❑ g1 ❑ ❑ ❑ a' ❑ u' ❑ ❑ ❑ a i3 I v ill' m 11 z mz g� 41,S A - (a a .„a , 3 gF n FF bei 1 g o 6- y @c g' -Fg” it, i.,,..l' g' ry a.. m l"m _ ❑ rs 2g D d Sia 4� jigs f i -f-I Sl m I 1 mS r E'. a k P-Z a$Fp s 1 y 3 e. pp l z 1C A t .a Ti c [1 a� = g tg Rgt r RT. -4 , ji, 3 av� i �J g n 5 6 s N 3 7 i' g _ a �'a m m i� X2 m S1.-i' ❑I �eicv�m s§mem rr,nm a V" I-1 O I u. p ogT -c N it.....-g' f Al E-1 -. 1iH 8f 0. I d -• m < fi Fig $ d aac 0. C ft c ¢• C b CTO IT- r1 F v. 'i7,4`..=; ,' mD ` ..r d z sm m= ,. = em a = r111. a Ng .LULU FLED T`4 ) "'' ' nip Bureau of Emergency Services oTyF � [ JUL C_ M I. 33BES (,I EWA CI ;COURTS 1 m ,, lit M,Inci(it ,t, art I (' MEMORANDUM TO: Clerk of Courts, Minutes and Records FROM: Christine Boni, Accountant, Emergency Management SUBJECT: EMPA and EMPG Fully Executed Agreements DATE: 7/21/16 Please see the attached fully executed EMPA and EMPG Agreements approved by the BCC on 6/14/16, items 16.E.7 and 16.E.8. ‘,„ �. YaAr I 6E STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director July 12,2016 Certified Mail Collier County Emergency Management 8075 Lely Cultural Pkwy, Suite 445 Naples,Florida 34113 Attn: Dan Summers Ref: 17-BG-83-09-21-01-018 Dear Mr. Summers, Enclosed is a fully executed copy of the 2016-2017 Emergency Management Preparedness and Assistance Program Base Grant Agreement between your county and the Division of Emergency Management. Quarterly Financial Reports(Reimbursement Requests): When submitting the required quarterly financial reports to this Division,be certain to use the required forms in Attachment I. They should have been sent to you via e-mail. Claims not submitted on the proper form cannot be processed and will be returned to the County for correction. Deadlines for submitting these reports are listed in Attachment D of your Agreement. Local Budget Match Requirement: In order to ensure compliance with Attachment D,paragraph C of this agreement and with Rule 27P-19.011,Florida Administrative Code,the local budget match requirement must be met. If the County's current budget is lower than the last year or the average of the last three previous year the county is required to request a Waiver. This form and Waiver(if needed)request are due no later than 45 days after the county budget is approved or no later than November 15,2016. This form must be signed by the Chief Financial Officer or Budget Director. This form is included in Attachment I. 2015-2016 Staffing Detail: Attachment D,paragraph D of this Agreement requires a Staffing Detail form for ALL Staff in the Emergency Management Office for the current fiscal year. The required form is due no later than November 15,2016. This form can also be found in Attachment I. Please provide us with a copy of the current Position Description detailing the duties and responsibilities for ALL POSITIONS to be paid from these funds,including the full-time Emergency Management Director as defined in Section 27P-19.002(6),Florida Administrative Code. FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER 5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row Orlando, FL 32809-4634 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 850-413-9969 • Fax: 850-488-1016 www,_FloridaD,sas er:org Contract Number: 17-BG-83-09-21-01-018 Catalog of State Financial Assistance(CSFA)#: 31.063 STATE-FUNDED GRANT 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: The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein,and The Division has the authority to grant these funds to the Recipient upon the terms and conditions below; and, The Division has statutory authority to disburse the funds under this Agreement. THEREFORE,the Division and the Recipient agree to the following: 1. LAWS, RULES, REGULATIONS AND POLICIES A. This Agreement involves"state financial assistance,"as that term is defined in section 215.97(2)(q). Florida Statutes. B. Under this Agreement, the Division serves as the'State awarding agency"as that term is defined by section 215.97(2)(p), Florida Statutes. C. Under this Agreement, the term"Recipient",as defined by section 215.97(2)(n), Florida Statutes, means a"nonstate entity that receives state financial assistance directly from a state awarding agency." D. As required by section 215.97(5)(a), Florida Statutes,this Agreement provides the recipient with"information needed by the recipient to comply with the requirements or the Florida Single Audit Act. E. As required by section 215.971(1), Florida Statutes,this Agreement includes: (1) A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. (4) A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. 1 Collier County Page 2 Program Progress Reports: We will continue to use the Mid-Year and End-of-Year summary progress report form to assess your county's progress on applicable items in Attachment B, Scope of WorldDeliverables. Your State Emergency Management Regional Coordinator will be in contact with you to schedule two progress assessment meetings during the year to review the status of your work items. Scope of Work: Attachment B,the EMPA Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program. Counties must be able to prepare for,respond to,recover from,and mitigate against natural and man-made disasters/emergencies. 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 27P-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. Make sure to pay attention to ALL Tasks outlined in the SOW; 24-7 Operations and Statewide Mutual Aid,All Emergency Management personnel, Local Budget Match, Coordination and Collaboration, Exercise, Geographical Information, Logistics, Shelter Survey and Retrofit Program and EMAP(if applicable). Also,refer to Form 1B,Quarterly Tasks to go along with your Quarterly Report. As a reminder,prior written approval must be obtained from the Division of Emergency Management for any motor vehicle purchased with funds provided under this Agreement as required under Program Requirements,Attachment E,(3)Vehicles. All referenced report forms are available electronically from your contract manager. We look forward to working with you again this year. If you have any questions regarding this agreement,please call me at 850-413-9920 or e-mail jenene.helmsc em.myflorida.com Sincerely, Jen:se Helms orida Division of Emergency Management 16E8 8 (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. F. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in attachment titled: Program Statutes, Regulations and Program Requirements Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 2. CONTACT A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient As part of his/her duties, the Grant Manager for the Division shall: (1) Monitor, verify and document Recipient performance;and, (2) Review and document all deliverables for which the Recipient requests payment B. The Division's Grant Manager for this Agreement is. Jenene Helms 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-413-9920 Fax:850-488-7842 Email:jenene.helmsaem.mvflorida.com C. The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan E. Summers 8075 Lely Cultural Pkwy, Suite 445 Naples, FL 34113 Telephone: 239-252-3600 Fax 239-252-3700 Email dansummers@colliergov.net-also copy christineboni@colliergov.net D. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 2 16E 8 3. TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 4. EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 5. MODIFICATION 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 6. SCOPE OF WORK The Recipient shall perform the work in accordance with the Program Budget and Scope of Work/Deliverables of this Agreement. 7. PERIOD OF AGREEMENT This Agreement shall begin July 1, 2016 and shall end on June 30,2017, unless terminated earlier in accordance with the provisions of Paragraph(16)of this Agreement. In accordance with section 215.971(1)(d), Florida Statutes,the Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during`the period of agreement. , 8. FUNDING 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 either Chapter 216, Florida Statutes, or the Florida Constitution. B. In accordance with Rule 27P-19.010(10), Florida Administrative Code. allowable costs"shall be determined in accordance with applicable Federal Office of Management and Budget Circulars.' Therefore,2 C.F.R. Part 200,entitled"Uniform Administrative Requirements.Costs Principles, and Audit Requirements for Federal Awards,'shall apply to this Agreement. C. This is a cost-reimbursement Agreement, subject to the availability of funds. D. In accordance with Rule 27P-19.010(4), Florida Administrative Code,the Division will reimburse the Recipient on a quarterly basis E. The Division will reimburse the Recipient only for allowable costs incurred during the successful completion of required tasks outlined in attachment titled: Scope of Work/Deliverables. Allowable costs are listed in the attachment titled:Allowable Costs and Eligible Activities. F. The maximum reimbursement amount for the entirety of this Agreement is $105,806.00. However,the amount of reimbursement is limited as follows: 3 16E8 (1) Quarter 1 –no more than 70%of maximum reimbursement amount for this Agreement; (2) Quarter 2–an amount that,when combined with the Quarter 1 reimbursement,does not exceed 80% of maximum reimbursement amount for this Agreement; (3) Quarter 3–an amount that,when combined with the Quarter 1 and Quarter 2 reimbursements, does not exceed 90%of maximum reimbursement amount for this Agreement. G. Consistent with 2 C F.R.§200.415(a),any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Recipient, which reads as follows:"By signing this report, I certify to the best of my knowledge and belief that the report is true,complete, and accurate, and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the award. I am aware that any false, fictitious, or fraudulent information,or the omission of any material fact, may subject me to criminal,civil or administrative penalties for fraud,false statements,false claims or otherwise." H. The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against the allowable costs outlined in this agreement and required deliverables. I. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a'performance goal",which is defined in 2 C.F.R.§200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement,contained in 2 C.F.R. §200.301,that the Division and the Recipient"relate financial data to performance accomplishments of the award." J. The Division will reimburse the Recipient for overtime expenses in accordance with 2 C.F.R.§200.430("Compensation—personal services")and 2 C.F.R. §200.431 (`Compensation—fringe benefits"). If the Recipient seeks reimbursement for overtime expenses for periods when no work is performed(such as a collective barging agreement)due to vacation, holiday, illness,failure of the employer to provide sufficient work. or other similar cause(see 29 U.S.C. §207(e)(2)),then the Division will treat the expense as a fringe benefit 2 C_F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages.' Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law,Recipient-employee agreement, or an established policy of the Recipient, 2 C.F.R. §200.431(b)provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave,family-related leave, sick leave, holidays,court leave, military leave, administrative leave,and other similar benefits,are allowable if all of the following criteria are met: (1) They are provided under established written leave policies: 4 d (2) The costs are equitably allocated to all related activities, including grant awards;and, (3) The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the Recipient K The Division will reimburse the Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes($6 for breakfast, $11 for lunch,and$19 for dinner),then the Recipient must provide documentation that. (1) The costs do not exceed charges normally allowed by the Recipient in its regular operations as a result of the Recipient's written travel policy; and, (2) Participation of the individual in the travel is necessary to the award. L. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. M. As defined by 2 G.F.R §200.53. the term`improper payment"means or includes: (1) Any payment that should not have been made or that was made in an incorrect amount(including overpayments and underpayments)under statutory,contractual. administrative, or other legally applicable requirements:and, (2) Any payment to an ineligible party, any payment for an ineligible good or service,any duplicate payment,any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. 9. RECORDS A. As a condition of receiving state financial assistance,and as required by sections 20.055(6)(c)and 215.97(5)(b),Florida Statutes,the Chief inspector General of the State of Florida, the Division,the Department of Financial Services,the Florida Auditor General, or any of their authorized representatives,shall enjoy the right of access to any documents,financial statements, papers,or other records of the Recipient which are pertinent to this Agreement, in order to make audits,examinations, excerpts,and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section,the term"Recipient'includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. 5 16E8 B The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at htto:f/dos.mvflorida.com/librarv- archives/records-management/general-records-schedu less. C. Florida's Government in the Sunshine Law(Section 286 011. Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three. basic requirements:(1)meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given: and, (3)minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity,standing alone. is insufficient to bring that entity within the ambit of the open government requirements. However.the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity,then,to the extent that private entity is performing that public purpose,the Government in the Sunshine Law applies. For example. if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment } purchased with public funds,then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus,to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement.the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. 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, Florida Statutes. D. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature. all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency)in conjunction with official business which are used to perpetuate,communicate,or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements However, when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records. Thus,the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. E 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 6 4 16E3 costs,in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work/Deliverables and all other applicable laws and regulations 10. AUDITS A In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles("GAAP"). As defined by Rule 10.554(1)(g)of the Rules of the Auditor General, GAAP are"those accounting principles generally accepted in the United States of America, as defined by the GASB Codification of Governmental Accounting and Financial Reporting Standards,Section 1000 The Hierarchy of Generally Accepted Accounting Principles." As defined by 2 C.F.R. §200.49, GAAP"has the meaning specified in accounting standards issued by the Government Accounting Standards Board(GASB)and the Financial Accounting Standards Board(FASB)." B. When conducting an audit of the Recipient's performance under this Agreement,the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by Rule 10.554(1)(h)of the Rules of the Auditor General, GAGAS are"those audit standards set forth in the publication Government Auditing Standards issued by the Comptroller General of the United States.' As defined by 2 C.F.R. §200.50, GAGAS,"also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States.which are applicable to financial audits." C. As defined by section 215.97(2)(a), Florida Statutes,the term"audit threshold" means"the threshold amount used to determine when a state single audit or project-specific audit of a nonstate entity shall be conducted in accordance with"the Florida Single Audit Act. The current audit threshold is$750,000. D. As required by sections 215.97(2)(a)and 215.97(8)(a). Florida Statutes, °[e]ach nonstate entity that expends a total amount of state financial assistance equal to or in excess of S750,000 in any fiscal year of such nonstate entity shall be required to have a state single audit,or a project- specific audit,for such fiscal year in accordance with"the requirements of the Florida Single Audit Act and in accordance with"additional requirements established in rules of the Department of Financial Services and rules of the Auditor General." 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. E. In accordance with section 215.97(8)(f), Florida Statutes,the Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(h). Florida Statutes,as "an independent certified public accountant licensed under chapter 473." The independent auditor shall 7 1 Pt ' 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. F. If an audit shows that all or any portion of the funds disbursed were not spent in ( accordance with the conditions of this Agreement,then 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. If the Recipient expends less than 5750,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes. is not required. In the event that the Recipient expends less than$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,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). H. As required by section 215.97(5)(d), Florida Statutes,the Recipient shall provide the Division with"one copy of each financial reporting p g package prepared in accordance with"the requirements of the Florida Single Audit Act. I. As defined by section 215.97(2)(e), Florida Statutes,the term"financial reporting package'means the Recipient's"financial statements, Schedule of Expenditures of State Financial Assistance, auditor's reports,management letter,auditee's written responses or corrective action plan, correspondence on followup of prior years'corrective actions taken,and such other information determined by the Auditor General to be necessary and consistent with the purposes"of the Florida Single Audit Act. J. In addition to the information listed in paragraph 101 above. the financial reporting package shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. K. Copies of financial reporting packages required by the Florida Single Audit Act shall be submitted by or on behalf of the Recipient directly to each of the following: (1) The Division of Emergency Management at the following addresses: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 OR DEMSinole Audit(@em.myflorida.com (2) The Auditor General's Office at the following address: 8 16E8 8 Auditor General's Office Room 401,Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 L Additional information on the Florida Single Audit Act may be found at the following website: https:f/apps.fldfs.com/fsaa/singleauditact.aspx. 11. REPORTS A The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement,in addition to any other information requested by the Division. B. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31.June 30, September 30 and December 31. C. The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement,whichever first occurs D. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division.the Division may withhold further payments until they are completed or may take other action as stated in paragraph 15 REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Budget and Scope of Work. E. The Recipient shall provide additional program updates or information that may be required by the Division. F. The Recipient shall provide additional reports and information identified in attachment titled: Reports. 12. MONITORING A 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 titled: Scope of Work/Deliverables to this Agreement,and reported in the quarterly report. B. In addition to reviews of audits conducted in accordance with paragraph 10 above, monitoring procedures may include, but not be limited to,on-site visits by Division staff, limited scope audits,and/or other procedures The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that 9 a limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General In addition,the Division wit monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. 13. LIABILITY A. Unless Recipient is a State agency or subdivision. as defined in Section 768.28, Florida Statutes,the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement. Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. B. Any Recipient which is a state agency or subdivision,as defined in Section 768.28. Florida Statutes,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, Florida Statutes. 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. 14. DEFAULT A. 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 15. B. If any of the following occur,then the Division may make payments or partial payments without waiving the right to exercise such remedies, and without becoming liable to make any further payment (1) 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; (2) 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. (3) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; 10 16E R (4) The Recipient has failed to perform and complete on time any of its obligations under this Agreement. 15. REMEDIES A If an Event of Default occurs,then the Division shall,after thirty calendar days written notice to the Recipient and upon the Recipients failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (1) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States,first class mail.postage prepaid, by registered or certified mail-return receipt requested. to the address in paragraph 2 above; (2) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (3) Withhold or suspend payment of all or any part of a request for payment; (4) 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. (5) Exercise any corrective or remedial actions,to include but not be limited to: (a) Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance: (b) Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; (c) Advise the Recipient to suspend.discontinue or refrain from incurring costs for any activities in question: (d) Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible;or, (e) Exercise any other rights or remedies which may be available under law. B. 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. C. 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. 16. 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, 11 16E 3 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, Florida Statutes,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. 17. PROCUREMENT A The Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable state laws and regulations. B. The Recipient shall maintain records sufficient to detail the history of any procurement, These records will include, but are not necessarily limited to the following: (1) Rationale for the method of procurement: (2) Selection of contract type; (3) Contractor selection or rejection:and, (4) The basis for the contract price. C. The Recipient shall maintain oversight to ensure that contractors perform in accordance with the terms,conditions, and specifications of their contracts or purchase orders. In order to demonstrate compliance with this requirement,the Recipient shall document, in its quarterly report to the Division,the progress of any and all subcontractors performing work under this Agreement. 0. If the Recipient chooses to subcontract any of the work required under this Agreement,then the Recipient shall forward to the Division a copy of any solicitation(whether competitive or non-competitive)at least fifteen (15)days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any,to the Recipient within three(3) business days. While the Recipient does not need the approval of the Division in order to publish a competitive solicitation,this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains 12 IÔEB 8 bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three(3)business day window outlined above If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may. (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 16 above;and, (2) Refuse to reimburse the Recipient for any costs associated with that solicitation. E. If the Recipient chooses to subcontract any of the work required under this Agreement,then the Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Recipient within three(3)business days The Division will review the unexecuted contract for compliance with all applicable procurement standards. The Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a subcontract,this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract, Regardless of the Division's review,the Recipient remains bound by all applicable laws, regulations,and agreement terms. If during its review the Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three(3)business day window outlined above. If the Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant,then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above, and, (2) Refuse to reimburse the Recipient for any costs associated with that subcontract. F. The Recipient agrees to include in any subcontract the following: (1) The subcontractor is bound by the terms of this Agreement: (2) The subcontractor is bound by all applicable state and federal laws and regulations;and, (3) 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, 13 16E8 G. The Recipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection,award and administration of contracts. H The Recipient shall conduct any procurement under this agreement in a manner providing full and open competition Accordingly,the Recipient shall not: (1) Place unreasonable requirements on firms in order for them to qualify to do business; (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated companies; (4) Execute noncompetitive contracts to consultants that are on retainer contracts; (5) Authorize,condone,or ignore organizational conflicts of interest: (6) Specify only a brand name product without allowing vendors to offer an equivalent: (7) Specify a brand name product instead of describing the performance, specifications. or other relevant requirements that pertain to the commodity or service solicited by the procurement; (8) Engage in any arbitrary action during the procurement process;or, (9) Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements,statement of work, invitation to bid, or request for proposals. I The Recipient shall not use a geographic preference when procuring commodities or services under this Agreement. J. The Recipient shall conduct any procurement involving invitations to bid(i.e. sealed bids)in accordance with section 287.057(1)(a), Florida Statutes. K. The Recipient shall conduct any procurement involving requests for proposals(i.e. competitive proposals)in accordance with section 287.057(1)(b), Florida Statutes. L. For each subcontract,the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise,as defined in Section 288.703, Florida Statutes. 18. 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. 14 i II 6E 8 C. This Agreement has the following attachments: (1) Exhibit 1 -Funding Sources (2) Attachment A—Program Budget (3) Attachment B—Scope of Work/Deliverables (4) Attachment C—Allowable Cost and Eligible Activities (5) Attachment D—Reports (6) Attachment E—Program Statutes, Regulations and Program Requirements (7) Attachment F—Justification of Advance Payment (8) Attachment G—Warranties and Representations (9) Attachment H—Certification Regarding Debarment (10)Attachment I—Reporting Forms 19. PAYMENTS A. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statues. All advances are required to be held in an interest-bearing account and any interest earned is excess funds and must be returned to the State or applied against what is owed. If an advance payment is requested,the budget data on which the request is based and a justification statement shall be included in this Agreement as attachment titled:Justification of Advance Payment. Attachment titled: Justification of Advance Payment will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment After the initial advance, if any, payment shall be made on a reimbursement basis as needed. B. Invoices shall be submitted quarterly and shall include the supporting documentation for all costs of the project or services as well as compliance with the deliverables. The final invoice shall be submitted within forty-five(45)days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's quarterly reporting as referenced in paragraph 6 of this Agreement. C. 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 paragraph 8 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. 15 f 6E All payments relating to the Agreement shall be mailed to the following address: Cot Icer Couri}y 60. 3x99 -Tam iamtTrc.i1 E. Sup 1-e #r-IOO f\Jrtp1P , FL X41 t a 20. REPAYMENTS A. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 B. In accordance with Section 215.34(2), Florida Statutes, 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. 21. MANDATED CONDITIONS A The validity of this Agreement is subject to the truth and accuracy of all the information. representations,and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request,or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations,and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall,at the option of the Division and with thirty days written notice to the Recipient,cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. B. This Agreement shall be construed under the laws of the State of Florida. and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule. or is unenforceable,then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other jj 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. 16 D. The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S.C.Section 12101 et seq.) 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. E. 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, suppler,subcontractor, or consultant under a contract with a public entity,and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list F. Any Recipient which is not a local government or state agency,and which receives funds under this Agreement from the federal government, certifies,to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred. suspended. proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency; (2) Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state or local)transaction or contract under public transaction:violation of federal or state antitrust statutes or commission of embezzlement,theft forgery, bribery,falsification or destruction of records, making false statements,or receiving stolen property; (3) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph 21 F(3)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 G. 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. H In addition,the Recipient shall send to the Division(by email or by facsimile transmission)the completed attachment titled: "Certification Regarding Debarment,Suspension, Ineligibility And Voluntary Exclusion"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. 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 17 16E8 J. 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, Florida Statutes,which the Recipient created or received under this Agreement K 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. L. 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")J. 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. M All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to,the Reference Guide for State Expenditures 22. LOBBYING PROHIBITION A Section 216.347, Florida Statutes,prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial branch,or a state agency.' B. 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. 23. COPYRIGHT, PATENT AND TRADEMARK A. EXCEPT AS PROVIDED BELOW, 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 I BY THE RECIPIENT TO THE STATE OF FLORIDA. B. 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. C. 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 18 16E8 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. D 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 E. If the Recipient qualifies as a state university under Florida law, then, pursuant to section 1004,23. Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient In the case of joint inventions,that is inventions made jointly by one or more employees of both parties hereto,each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable,fully-paid, nonexclusive license,for its use and the use of its contractors of any resulting patented,copyrighted or trademarked work products,developed solely by the Recipient, under this Agreement,for Florida government purposes 24. 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 19 1 16E8 8 IN WITNESS WHEREOF,the parties hereto have executed this Agreement Recipient: COLLIER CO NTY By: Donna iala,C ai ,man Date (1/41144 FEID#59-6000558 DU mart.076997790 ATTEST: Dwigia E. Brock;Clerk Approved as to Form and Legality By. t, t " ' ..Aii hila► i (1 .._.-S Deputy Clerk �� Ass t t CountyAttorney Attest as to Chairman's ����• R >n ��mr� signature only. TATE OFFLORIDA DIVISION OF EMERGENCY MANGEMENT By: :it - Nameend Title:Jonathan Lord, Deputy Director '!r' Date: k/C3 rt, 1 i 20 16E8 EXHIBIT—1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97,FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project, provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97, Florida Statutes. State Project- State awarding agency: Division of Emergency Management Catalog of State Financial Assistance title: Emergency Management Programs Catalog of State Financial Assistance number: 31.063 $105,806.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373,Florida Statutes and Rule Chapter 27P-19,Florida Administrative Code. Eligible activities for these funds are limited to salaries and expenses relating to maintaining and enhancing county emergency management plans and programs Eligible recipients for these funds are limited to the 67 Florida counties. NOTE: 2 C.F.R. Part 200. and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 21 16E 8 Attachment A Program Budget • Funding from the Emergency Management Preparedness and Assistance Trust Fund is intended for use by the Recipient to perform eligible activities as identified in this agreement and programs that are consistent with State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). • Below is a general budget which outlines eligible categories and their allocation. • The transfer of funds between the categories listed in the Program Budget is permitted. If funds need to be moved in categories, send a revised Program Budget to your grant manager. Recipient Agency I Category 1 Amount _:.Allocated, Organizational Expenditures 72,806 FY 2016-2017 — Planning Expenditures 0 Emergency Management Collier Preparedness and Assistance Grant 1. Training Expenditures 0 Exercise Expenditures 1,000 Equipment Expenditures 32,000 Management and Administration 0 Expenditures(no greater than 5%) Total Award $105,806.00 22 '3ea ti 1$Wn toi Attachment B Scope of Work/Deliverables Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is provided to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252. Florida Statutes). EMPA Base Grant costs are divided into the following categories:organizational,planning,training,exercise,equipment,and management and administration, Eligible activities are outlined in Allowable Costs and Eligible Activities. 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. The intent of the EMPA Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program. Counties must be able to prepare for, respond to,recover from,and mitigate against natural and man-made disasters!emergencies. Each Emergency Management staff person must work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. By signing this Agreement,the Recipient certifies that it will use the award to enhance its Emergency Management Program. Monitoring: Monitoring may be accomplished through either a desk-based review or on-site monitoring visits,or both. Monitoring will involve the review and analysis of the financial. programmatic. performance,compliance and administrative processes, policies, activities,and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects,financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records, procedures and equipment. The Division may request additional monitoring/information if the activity,or lack thereof,generates questions from the region,the sponsoring agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. Procurement: All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in Chapter 287, Florida Statues and any local procurement policy(whichever is most stringent), Piggy-backing: The practice of one agency using the procurement/agreement of another agency is called piggybacking. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the scope of work.must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods or services An agency may not use the preexisting contract merely as a"basis to begin negotiations'for 23 16E8 8 a broader or materially different contract, Only piggy-back agreements that meet all requirements as outline in the Recipient shall be allowable. At a minimum the County is to successfully complete the following tasks throughout the contract period to ensure compliance and coordination with the state emergency management. Quarterly Tasks(Form1 B) will need to be provided each quarter to show completion or working towards the completion of each task Items will also be reviewed during the mid-year and end-of year progress report prepared in conjunction with the Division's Regional Coordinator to validate compliance. All back-up documentation listed below shall be uploaded to the Division's Sharepoint portal, https://portal.floridadisaster.orq Task(s): 1. 24-7 Operations and Statewide Mutual Aid. The minimum acceptable standard for payment is to maintain a 24-7 operation. The County Emergency Operation Center must be able to operate within the minimum acceptable standard to maintain a 24-7 operation, 7 days a week. Monthly acknowledgement during the State Watch Office's monthly communication test from either NAWAS, EMNet Voice Manager, EMnet Message Manager, or via landline phone if the aforementioned systems are reported to the SWO as inoperable. Additionally, Recipients are required to participate in the Statewide Mutual Aid agreement(27P-19.006), 2. All Emergency Management personnel. Each quarter must provide Quarterly Tasks(Form 1B)to show you are able to maintain a minimum level of capability. Submit current EMAP accreditation certification OR for each emergency management position, provide certificates for the following training via SharePoint and/or SERT TRAC: • IS 100—Introduction to Incident Command System • IS 200—ICS for Single Resources and Initial Action Incidents • IS 700—National Incident Management Systems(NIMS) • IS 800—National Response Framework 3. Local Budget Match-At a minimum in order to ensure compliance with Rule 27P-19.011,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 27P-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 27P-19. Florida Administrative by its execution of this Agreement.and as a condition precedent to receipt of funding. The Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or no later than November 15.2016. The County shall provide a copy of the current Emergency Management Local Budget(General Revenue)with the form. If the County's current budget is lower than the previous year,or the average of the last three years,the county is required to request a Waiver no later than 45 days after the county budget is approved. 24 pif) 4 ✓ , 4. Coordination and Collaboration-Utilizing the elements below. county emergency management agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation, implementation,evaluation and revision of emergency management programs. A) Need to attend at least three events below and provide an agenda or a copy of the certificate to show participation during this contract period(July 1 2016—June 30, 2017): • Quarterly Regional Coordination Meetings—submittal of agenda is NOT required • Current Issues in Emergency Management(CIEM)—submittal of certification is NOT required • Florida Governor's Hurricane Conference or National Hurricane Conference • Florida Emergency Preparedness Association Annual Meeting • Florida Emergency Preparedness Association Mid-Year Work Session • Local Mitigation Strategy(LMS)Workshops • Professional Development Conferences&Training B) Designate a local emergency management stakeholder advisory committee that meets at least annually to provide input program preparation, implementation, evaluation and revision. Agenda(s)and sign-in sheet(s)should be uploaded to the Division's SharePoint portal, https://portal.floridadisaster.orq during this contract period(July 1. 2016—June 30,2017). C) County must develop and maintain a multi-year strategic plan in coordination with their local emergency management stakeholder advisory committee. Plans must be uploaded to the Division's SharePoint portal, httos://portal.floridadisaster.orq during this contract period(July 1, 2016—June 30,2017). 5. Exercise-To ensure that each county emergency management agency maintains a comprehensive, all hazards training and exercise program to evaluate and test all aspects of the local emergency management system including activation of the county EOC.during this contract period(July 1.2016 —June 30, 2017),the county must: A) Participate in the annual Statewide Hurricane Exercise. Within 90 days of completion submit an After Action Report(AAR)to include an Improvement Plan and roster of participant and participate in at least one(1)conference call This documentation must be distributed to the local stakeholders and uploaded to the Division's SharePoint portal, https:/iportal,floridadisaster.orq; and B) For all exercises not conducted by the State: Within 90 days of completion submit an After Action Report(AAR)to include an Improvement Plan and roster of participants. This documentation must be distributed to the local stakeholders and uploaded to the Division's SharePoint portal. https://portal.floridadisaster.orq. 6. Geographical Information-Emergency services data must be developed.maintained.and updated in cooperation between counties and the Division. A data export will be created for each county and uploaded to the Division's SharePoint portal, https://portatfloridadisasterorq, Updates and corrections must be provided to the Division's GeoSpatial Information Systems(GIS)section on or before April 15,2017. This must include: A) Location and attribute information of all fire rescue,law enforcement, public safety and { emergency service stations must be reviewed and updated as needed. B) Location and attribute information of other critical facilities as deemed necessary by the county Emergency Manager. 25 I et\ Attribute information for spatial data requested must include. facility name.facility type, physical address, and USNG coordinates OR Latitude/Longitude in decimal degrees(only one or the other is required). NOTES: • Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to the SharePoint portal • If a county maintains a GIS data download website,that URL may simply be provided. • If counties have no changes since the last agreement period, a statement of-no change"must be submitted via the SharePoint portal. • Critical facility inventory spreadsheets provided will contain more facility types than are required to be reviewed. 7. Logistics-The County must maintain a comprehensive Logistics Management program that continually improves their capacity and capability to meet local emergency management needs and involves pre-disaster, systematic identification of total resource requirements,asset availabilities and shortfalls that will require outside assistance, for non-catastrophic, recurring events. From this analysis the county must identify local resources(business, NGO. local municipalities)that address emergency needs,and develop local agreements and contracts for goods and services to the extent possible. The following must be uploaded to the Division's SharePoint portal, https://portal.floridadisaster.orq, no later than June 1, 2017. A) An updated County Logistics strategy/plan that is consistent with recommended guidance found in the County Logistics and Points of Distribution(POD)Standard Operating Guide(SOG)(CEMP 2355 of 2006). B) The strategy/plan must also include, but is not limited to the following: • County Logistics Section organization and partners • Mission Management Process of identifying necessary resources(people/teams, locations/facilities, equipment and commodities_ and how the county accesses and dispatches those resources(Contracts, MOU's, Mutual Aid, State Assistance, Federal Assistance) • County Government Emergency Fuel Strategy • How the County coordinates with private business and industry in meeting emergency community resource needs • List of local vendors.with which the County has a Memorandum of Agreements or contracts that will provide resources in an emergency(Can be an Annex to the Pian and need only be updated every three years) • Location, survey forms and attributes information for County Logistical Staging Areas(Can be an Annex to the Plan and need only be updated every three years) • Location and attribute information for County Points of Distribution(POD)sites and Comfort Stations(Can be an Annex to the Plan and need only be updated every three years) 8 Shelter Survey and Retrofit Program—In accordance with Florida's statewide hurricane shelter space deficit elimination program,the following must be uploaded to the Division's SharePoint portal, https://portal.floridadisaster.orq no later than May 1, 2017. All information must be verified by the county. A) Identify potential hurricane shelter retrofit projects or report that there are no new identified projects. (This information is used to compile the Shelter Retrofit Report.) 26 16E8 B) Report all hurricane shelter retrofit projects that are undertaken. regardless of funding source(s) or report that there are no projects. C) Develop and submit a strategy to ensure that by June 1,2017,all designated Special Needs Shelters(SpNS) have a standby power system or capability with adequate capacity to support life-safety systems,essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment Far those designated SpNS facilities without a permanently equipped standby electric generating capacity,a locally sourced and acquired temporary electric generator with adequate capacity to support the standby power system requirements must be provided. D) Develop and submit a strategy to ensure that by June 1,2017, there is adequate designated SpNS client space capacity to meet the anticipated five-year demands as determined by the 2016 Statewide Emergency Shelter Plan(January 31,2016). All designated SpNS facilities must at a minimum meet the hurricane safety criteria established in the American Red Cross Standards for Hurricane Evacuation Shelter Selection(ARC 4496)and be equipped with an adequate standby electric power system or capability as described in item 5.C.above. E) Update and submit a hurricane shelter deficit reduction progress reports,which include"as-is", retrofit and Enhanced Hurricane Protection Areas(EHPA)construction. (This information is used to compile the Shelter Retrofit Report) F) Provide a brief report on results of the year's coordination with school boards, community colleges and universities(as applicable)for implementation of the statutory and code required Public Shelter Design Criteria(a.k.a. EHPA). The most recent published Statewide Emergency Shelter Plan can provide guidance for implementation of the EHPA criteria, A checklist to provide this information will be made available on the Division's SharePoint Portal. Deliverable Subject to the funding limitations of this Agreement,the Division shall reimburse the Recipient on a quarterly basis for the documented allowable costs incurred during the successful completion of the task(s)required to be performed in that quarter.Additionally,the submission of the certified Quarterly Tasks form is required. Financial Consequence Failure to successfully complete each of the required tasks, as outlined in the identified quarter(s),will result in a reduction of the Agreement amount by 10%per quarter. 27 1 Fr- 8 Attachment C Allowable Cost and Eligible Activities I. Categories and Eligible Costs FY2016-2017 allowable costs are divided into the following categories: organizational,planning, training,exercise,equipment,and management and administration. Eligible cost are those direct costs in the following categories. A. Organization EMPA Program funds may be used for all emergency management operations.staffing. and other day-to-day activities in support of emergency management. Personnel costs, including salary, overtime,compensatory time off, and associated fringe benefits, are allowable costs with EMPA program funds. The quarterly minimum acceptable standard is to have the qualified staffing level for the county based upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for ail incidents within the jurisdiction on a 24 hour basis. Personnel costs 27P-11.004,27P-11.0061 (1)Counties with populations of 75,000 or more must have a full time emergency management director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b). F.S.,that is recognized by the Governor by executive order or rule, are encouraged to have a full time director, but.must,as a minimum, have an emergency management coordinator who works at least 20 hours a week in that capacity.`Full-time Emergency Management Director'means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. (2)The county must have an emergency management program which has been approved by the Division of Emergency Management. Program approval will require:compliance with appropriate federal and state laws, rules and regulations; satisfactory completion of work elements of the previous year,and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget. Mandatory Training Requirements for Emergency Management employees All Emergency Management personnel shall complete the following training requirements and record proof of completion:NIMS Training. Independent Study(IS) 100, IS 200, IS 700,and IS 800. The Quarterly Tasks from is due every quarter with your quarterly financial report. This is to identify all employees,the completion of the required training(or working towards completion)during the agreement period. Eligible"Organization"items include, but are not limited to: • Salary and Benefits • Expenses • Utility(electric,water and sewage)and Telephone Bills(landlines.cellular, and satellite) • Internet Service • Maintenance Agreements for equipment or services(reimbursement can only be claimed for services within the Agreement period) { 28 16E 8 • General Office Supplies • Dues and Conference Travel as it relates to the Scope of Work • Software and upgrades • Publications and Training Materials • Postage • Apparel for identification of Emergency Management Staff in the field • Fuel for Emergency Management vehicles • Food/Beverages for activations(must have Governor's Executive Order or a declared Local State of Emergency or prior approval from DEM/DFS) • Travel to/from meetings and conferences related to emergency management • Travel to training and/or exercises related to emergency management • Other Personal/Contractual Services • Reimbursement for services by a person(s)who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants,fellowships, part time academic employment, board members, consultants,and other services. • Consultant Services require a pre-approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre-approval. These requests should be sent to the grant manager for the Division for review. B. Planning Planning spans all five National Preparedness Goal(the Goal)mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic,operational,and/or community-based approach to preparedness Plans should have prior review and approval from the respective DEM program area. Funds may not be reimbursed for any plans that are not approved. Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Emergency Management/Operation Plans • Communications Plans • Continuity/Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Evacuation planning • Recovery Planning • Credentialing and Validation C. Training Program funds may be used for a range of emergency management-related training activities to enhance the capabilities of local emergency management personnel through the establishment, support,conduct,and attendance of training Training activities should align to a current. Multi-Year TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can be found at http:Uwww.femagov/exercise.Training should foster the development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices. and provides a path toward building sustainable resilience. Allowable training-related costs include the following. • Funds Used to Develop, Deliver,and Evaluate Training. This includes costs related to administering the training: planning, scheduling,facilities,materials and supplies, reproduction of 29 16E8 • materials,and equipment.Training should provide the opportunity to demonstrate and validate skills learned,as well as to identify any gaps in these skills.Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses.When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation(ADDLE)model for instruction design • Overtime and Backfill.The entire amount of overtime costs. including payments related to backfilling personnel,which are the direct result of attendance at approved training courses and programs are allowable.These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s)of local government and has the approval of the state. in no case is dual compensation allowable.That is,an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e.g., 1:00 p.m.to 5:00 p.m.),even though such work may benefit both activities. • Travel.Travel costs(e.g., airfare, mileage, per diem,and hotel)are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s)of local government and have the approval of the state. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed.States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning This is particularly important for those courses which involve training of trainers. D. Exercises Allowable exercise-related costs include: • Funds Used to Design,Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs,facilitation costs, materials and supplies,travel,and documentation. Recipients are encouraged to use free public space/locations/facilities,whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned,as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s)of local government and have the approval of the state.The services of contractors/consultants may also be procured to support the design, development,conduct and evaluation of exercises. • Overtime and Backfill.The entire amount of overtime costs, including payments related to backfilling personnel,which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses.These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s)of local government and has the approval of the state. In no case is dual compensation allowable. That is,an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e g., 1:00 p.m.to 5:00 p.m.),even though such work may benefit both activities. • Travel.Travel costs(e.g.,airfare, mileage, per diem,hotel)are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. } 30 S.Fa 4 .'i....t • Supplies.Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities(e.g ,gloves, non-sterile masks,and disposable protective equipment). • Implementation of HSEEP.This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. • Other items.These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise,rental of equipment,and the procurement of other essential nondurable goods Recipients are encouraged to use free public space/locations,whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. Unauthorized exercise-related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles(e.g., construction vehicles)and emergency response apparatus(e.g.,fire trucks, ambulances).The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct(e.g..electronic messaging signs) • Durable and non-durable goods purchased for installation and/or use beyond the scope of exercise conduct E. Equipment Eligible items include but not limited to: • Computers,printers,copiers and fax machines • Radios,satellite telephones and other communications equipment • Furniture for Emergency Management Offices and Emergency Management Operations Center • Shelving for storage of Emergency Management equipment • Vehicles for Emergency Management Program(prior approval required) • Repairs to the County Emergency Management Operations Center • Out buildings for storage of Emergency Management Equipment • Security Improvements(i.e. Cameras and equipment to operate) • Generators Recipients will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPA Program funds, such as financial management and monitoring. it should be noted that salaries of state and local emergency managers are not typically categorized as M&A. unless the state or local EMA chooses to assign personnel to specific M&A activities. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R §200.414. II. Consultant Services require a pre-approved Contract or purchase order by the Division. Copies of additional quotes must be submitted for pre-approval. If Recipient chooses to contract any work,the services must be approved by the Division prior to execution of contract. Contractual agreements should include language that clearly establishes tasks in the scope of work, have quantifiable units of deliverables, have minimum level of service and financial consequences. Services should have prior 31 16E Ci review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not preapproved by the Division. III. Maintenance and Service Agreements: Timeframes for Maintenance and Service contracts are at the discretion of the county. However, reimbursement can only be claimed for services provided within the current Agreement period. These contracts cannot be rolled over from year to year. The procurement process must be repeated once the contract period ends and all renewals have been exhausted. IV. Construction and Renovation Construction and renovation projects are allowable under the EMPA Program. Written approval must be provided by the State prior to the use of any program funds for construction or renovation. V. Eligibility Requirements: Rule 27P-19.004,Florida Administrative Code(F.A.C.) requires Counties to certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator. 32 16E8 8 Attachment D Reports Recipient must provide the Division with quarterly financial reports. mid-year and end-of-year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in attachment titled: Reporting Forms and can be found on the Division internet site. A Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year,and shall continue to be submitted each quarter until submission of the final close-out report The ending dates for each quarter of this program year are September 30, December 31,March 31 and June 30. The Recipient shall provide the Division with full support documentation for the quarterly financial reports. To eliminate large files and mailings,the Division will accept back up documentation on a CD if desired by the Recipient. (Backup Documentation should reflect the amount requested on the Expenses Detail of Claims form.) • Organizational Activities: Includes salaries,fringe benefits and expenses(depending upon eligibility) Supply copies of timesheets(if applicable)documenting hours worked and proof employee was paid (i.e.,earning statements/payroll registries). Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee,e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Expense items need to have copies of invoices/receipts and canceled checks or general ledger for proof of payment.All documentation for reimbursement MUST include exact amounts and MUST be clearly visible and defined(i.e.,highlighted,underlined,circled&/or individually identified on a spreadsheet). • Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment May also request copies of planning materials and work products(i.e., meeting documents, copies of completed plans(if submission of plans is for the Division then only need to provide date of submission and who submitted plan/product to),etc.). Any costs for planning activities provided by in-house staff MUST be reported under`Organizational Activities". • Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters(if using pre populated sign in sheets they must be certified by the Emergency Management Director verifying attendance). May also request any training materials provided. • Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters(if using pre populated sign in sheets they must be certified by the Emergency Management Director verifying attendance). May also request any training materials provided. 33 16E8 • Equipment Acquisition Costs Copies of Invoices/receipts and canceled checks or general ledger for proof of payment • Management and Administrative Costs: Supply copies of timesheets documenting hours worked and proof employee was paid(i.e., earning statements/payroll registries). • For travel and conferences related to EMPA activities, copies of all receipts must be submitted(i.e.,airfare, proof of mileage,toll receipts, hotel receipts,car rental receipts,etc.) Receipts must be itemized and match the dates of travel/conference. If conference,a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes($6 for breakfast,$11 for lunch, and$19 for dinner),then the Recipient must provide documentation that:The costs are reasonable and do not exceed charges normally allowed by the Recipient in its regular operations as a result of the Recipient's written travel policy, and participation of the individual in the travel is necessary to the Federal award. • If cancelled checks are NOT available, copies of the general ledger MUST be provided. B. The Quarterly Tasks form is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed(or working towards completion)during the agreement period. C. In order to ensure compliance with Rule 27P-19.011,the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or no later than November 15,2016. The County shall provide a copy of the current Emergency Management Local Budget(General Revenue)with the form. If the County's current budget is lower than the previous year,or the average of the last three years,the county is required to request a Waiver no later than 45 days after the county budget is approved. D. In a format provided by the Division.a proposed staffing summary must be submitted by November 15,2016. Also, each funded county emergency management position description must be submitted to the Division no later than November 15,2016 E. Mid-Year and End-of-Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the grant manager. F. The final close-out report is due forty-five(45)days after termination of this Agreement. Any requests received after August 15, 2017, at the discretion of the Division, may not be reimbursed from this Agreement. 34 E Attachment E Program Statutes,Regulations and Program Requirements Program Statutes 1. Chapter 252, Florida Statutes 2. Rule Chapters 27P-6,27P-11,27P-19 and 27P-20. Florida Administrative Code 3. 48 CFR,Part 31 Program Requirements (1) EQUIPMENT AND PROPERTY MANAGEMENT The Division will cover the monthly cost of the satellite service provided to the counties(this includes one(1)license per county). The charge does not cover maintenance, repair,additional equipment and other services not part of the initial order for services. In particular,the service charge does not cover: (a) Maintenance, repair,or replacement of parts damaged or lost through catastrophe. accident, lightning. theft, misuse,fault or negligence of the Recipient or causes external damage 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. (b) Changes,modifications, or alterations in or to the equipment other than approved upgrades and configuration changes. (c) 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. (3) VEHICLES Written approval from the Director of the Division 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. 35 . I 16E8 (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 27P-6, 27P-11.and 27P-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 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 27P-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,(2)a State of Emergency appropriately declared by local officials in response to an emergency event or threat or(3)the Division may consider additional request. The request would need prior approval from Department of Financial Services and the Division. For more information, ask your grant manager. (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,and emergencies or otherwise govern the activation of the local emergency management program provided in s.252.36, Florida Statutes. 36 16E8 Attachment F JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance,indicate same by checking the box below. [ j 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. If you are requesting an advance,complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20 -20 Anticipated Expenditures for First Three Months of z (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90)days of the contract term. Any advance funds not expended within the first ninety(90)days of the contract term shall be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399, within thirty (30)days of receipt,along with any interest earned on the advance) 37 16E8 Attachment G Warranties and Representations Financial Management 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 ail bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee,officer,or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an { award.The officers,employees,and agents of the Recipient shall neither solicit nor accept gratuities, favors,or anything of monetary value from contractors or parties to subcontracts. The standards of 38 1 6E 8 conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient Business Hours 27P-19.010(9)The Division shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday. 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. • • 39 16E 8 Attachment H Certification Regarding Debarment,Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies,by submission of this document,that neither it nor its principals is presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement,the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DEM Contract Number Street Address Project Number City,State,Zip Date 40 100 Attachment I �. •.; ..<.. Reporting Forms DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-BASE GRANT Quarterly Financial Report(Form 1): 1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter. QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY EXPENDITURES. Quarterly Financial Report(Form 1A),Quarterly Tasks(Form 1B)and Detail of Claims(Form 2 and 3): 1. These forms are to be submitted quarterly. 2. Complete Quarterly Financial Report(Form 1A)by entering all information needed for reimbursement. 3. Complete Quarterly Tasks(Form 1 B). This form has quarterly information for EMPA and EMPG agreements. This is to track tasks that are completed for the agreement period and quarters. 4. The Detail of Claims form must accompany the Quarterly Reports. 5. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority. 6. Claims are to be submitted to the following address: DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE,FLORIDA 32399-2100 Attn:(Contract Manager's name) Local Budget Match Requirement -(Form 3): 1. The Budget Form is to show how the EMPA Base Grants will be matched at an amount either equal to the average of the previous three years'level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year,whichever figure is lower. 2. This form is to be completed and sent when the Local County Budget is approved or no later than November 15,2016. Required with this form the county needs to provide a copy of the current Emergency Management Local Budget(General Revenue). If the County's current budget is lower than the last year or the average of the last three previous year the county is required to request a Waiver no later than 45 days after the county budget is approved. 3. This is to ensure compliance with Rule 27P-19.011,Match Requirements,Florida Administrative Code. Staffing Detail -(Form 4): 1. List ALL Emergency Management Agency staff,regardless of funding. Provide a total anticipated annual amount of Salaries and Benefits to be paid for each position. Provide the funding distribution(%)in each applicable column:local,state.federal,etc. This form is due November 15,2016. 2. Along with the staffing detail provide position descriptions for any EMPA and EMPG funded staff. Close Out Report-(Form 5): 1. Close Out Reports are due forty-five(45)days after the contract end date. 2. The agreement cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: 1. Recipients must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations unless audits require a longer period of time. 2 Recipients should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the Recipient during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers,paid invoices or cancelled checks,payroll vouchers,journal transfers,etc These documents should be submitted when requesting reimbursement. 3. In order to document hours worked on the program by permanent or temporary staff,the Recipient may use its own time and attendance forms. A Staffing Detail Worksheet is also required to identify positions being funded by the agreement. 4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections. IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY,NOTIFY YOUR CONTRACT MANAGER EXPENDITURE CATEGORY DEFINITIONS 1. SALARY AND BENEFITS: The cash compensation for services rendered by a regular employee in an established position for a specific period of time. 2. OTHER PERSONAUCONTRACTUAL SERVICES(OPS): The compensation for services by a person who is not a regular or full-time employee filling an established position. This shall include but not be limited to,temporary employees,student or graduate assistants,fellowships,part time academic employment, board members,consultants,and other services specifically budgeted by each agency in this category. 3. EXPENSES: The usual,ordinary,and incidental expenditures by an agency,including,but not limited to,commodities and supplies of a consumable nature,current obligations,and fixed charges,and excluding expenditures classified as operating capital outlay Payments to other funds or local,state,or federal agencies are included in this budget classification of expenditures. II 4. OPERATING CAPITAL OUTLAY: Equipment,fixtures and other tangible personal property of a non-consumable nature and has a normal expected life of one year or more. 5. FIXED CAPITAL OUTLAY: Real property(land,buildings including appurtenances,fixtures and fixed equipment,structures.etc.),including additions, replacements,major repairs,and renovations to real property which materially extend its useful life or materially improve or change its functional use,and including operating capital outlay necessary to furnish and operate a new or improved facility. IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY,PLEASE FIND THEM ON OUR WEBSITE AT http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER • { I 16E8 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA BASE GRANT QUARTERLY FINANCIAL REPORT Form 1A Recipient: Claim# County Name: Address: tSeiect the quarter of submission) QUARTERLY REPORTING DUE DATES July 1 -September 30_Due no later than October 31 Point of Contact: October 1-December 31-Due no later than January 31 Telephone#: January 1-March 31-Due no later than April 30 AGREEMENT# April 1-June 30-Due no later than J,dy 31 THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY CUM.FUNDS REMAINING CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM EXPENDED BALANCE 1, Organizational Costs _ 2.Planning Costs 3.Training Costs 4.Exercise Costs 5. Equipment Costs 6.Management and Administration Costs (limited to 5%of the total award) EMAP(if applicable) TOTAL TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00 I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed: Recipient Contract Manager or Financial Officer Date QUARTERLY STATUS REPORT This information below is required EACH QUARTER.This information MUST be clearly linked to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK. Report event,progress,delays,etc.,that pertain to this project(i.e..incidents,activities,meetings.reporting training and for exercises) (Attach additional page(s)if needed.) THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT Total EMPA(State)Amount Prior Payments _ This Payment Unexpended Funds 16E8 g t DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT BASE GRANTS COUNTY Ctuartarty Tasks .._ ,...:.�. FORM 18 FY 2016-2017 Required by EMPA and EMPG Required by EMPG EMPA t EMPG-All Emergency Management o4 a ProfessionalNatlome Personnel 2 ett NIMS IS 100 NIMS IS 200 NIMS IS 700 NIMS IS 800 Development ems t]. tSeries Management Seek N h Q ^ N M < ^ N e% Q .- N M Q ^ N M Name 8 Position Title I ry r r r r r r r r r r i- r r r r - r r r r r I- c c c c c c c c c c c c c c c c c c c c c c 0,O o Q 0 a 0 0,0 _0,0 p j o a 0 Q o,o a o a o 0 - r EMPA CRT1 QRT2 ORT3 QRT4' 24-7 Operational and Mutual Aid Participation Ott grts) Local Budget Match(due by 2nd qrt) Coordination and Colaboration attend at least 3 events(3 per 7/1/16- 6/30/17) Local EM Stakeholder Advisory Committee(1 per 7/1/16-6/30/17) Develop&Maintain Multi-Year Stragic Plan(1 per 7/1/16-6/30/17) Statewide Hurricane Exercise(4th qrt) Exercises not conducted by the state(7/1116-6,30i17) GIS(due by 4th qrt) Logistics(due by 4th qrt-annex update every 3 years) Shelter Survey 8 Retrofit Proorarn(due by 4th grt) If applicable.EMAP(7/1!16-6/30/I7) EMPG" ORT 1 ORT2 ORT3 QRT4 Proposed Match Plan(clue by 1st qrt) EMPG funded positions only Exercises(3 per 7/1/16-6.30117) NIMS(due by 2nd qrt) Regional TEP(1 per 711116-6/30117) MYTEP(due by 4th qrt) EMPG Exerctse(s)3 per agreement year Name&Position Title Date Description of Exercise • I hereby certify that the above is true and valid In accordance with this Agreement. 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U1 � Q Z'u = O r4 0 E Q UJ cas c 2 d ae = 2 or w o -0 m O W W U uJ I Q V0 " i •• o ma > c Z z .� . . .<�. > w..a 0_ N �-� 07 � W2 0 ago a' ---:0o 0 '(9 tt . c-.7 C m o w 3 ai a7 N U p 1 C7 C N 0 C " >, .o n Q Q `° m > c w m 3 QZ oopa N o m= o 5 0) md YN Q m R O % } 0 >t . 9t C 0 c 0 2 o , u co . E E C W • o 0 O I a ` > - (9 Q= w O C° 0C ma vs EDa a - W yo a> c = a - 01 O C 0,V I ap w" t6 S. c E a tn # 0 0 W Q o , 3 CFC ! _I N n=0.. U 0 t Q O p O C 0 0 n, f6 � Ea, 'O y 0 Q a N C O Q o N N D y0i L� O CO _.O- Q N go E C 0 C C Z 0 E m E E C E � ? nz 3-Eo > C3 o E o o D o W o -' u oZ ce s.U C E U d O e-NMv 1nQ I 1 OE LJ DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA BASE GRANT CLOSE-OUT REPORT Form 5 This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of the Agreement. Recipient Agreement No Address Agreement Amount City and State Agreement Period Payments Received Under this Agreement (include any advanced funds and final requested payment) By Category-Total Contract Cost Categories Expenditures Date Amount Salary and Benefits I � Other Personal/Contractual Services 2 Expenses 3 Operating Capita!Outlay (Equipment) II 4 Fixed Capital Outlay 5 EMAP(if applicable) 6 Total S0.00 Tota: 7 50.00 Agreement Amount Minus Total Payments (Including final requested funds—Line 1) Unspent balance Refund and/or final interest checks are due no later than ninety(90)days after the expiration of the Agreement. Make checks payable to:Cashier,Division of Emergency Management Mall To:Division of Emergency Management,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399-2100,Attn: (contract manager) I hereby certify that the above costs are true and valid costs incurred in FOR OEM USE: Signed Signed Chief Financial Officer or Budget Director DEM Grant Manager Name S Title Name,4 Title Date Date 1 • 1 6E 8 s • STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director July 12,2016 Certified Mail Collier County Emergency Management 8075 Lely Cultural Pkwy, Suite 445 Naples,Florida 34113 Attn: Dan Summers Ref: 17-FG-P9-09-21-01-085 Dear Mr. Summers, Enclosed is a fully executed copy of the 2016 Emergency Management Performance Grant(EMPG) Agreement between your county and the Division of Emergency Management. Quarterly Financial Reports(Reimbursement Requests): When submitting the required quarterly financial reports to this Division,be certain to use the required forms in Attachment K. They should have been sent to you via e-mail. Claims not submitted on the proper form cannot be processed and will be returned to the County for correction. Deadlines for submitting these reports are listed in Attachment D of your Agreement. Program Progress Reports: We will continue to use the Mid-Year and End-of-Year progress report form to assess your county's progress on applicable items in Attachment B, Scope of Work/Deliverables. Your State Emergency Management Regional Coordinator will be in contact with you to schedule two progress assessment meetings during the year to review the status of your work items. Scope of Work: Attachment B,the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program. As outlined in the scope of work you would also need to reference the 2016 EMPG Notice of Funding Opportunity(NOFO located at http://www.fema.gov/media-library-data/1455571902574- a84f5a1b2f450795a70cce1f5ee7b967/FY 2016 EMPG NOFO FINAL.pdf Make sure to pay attention to ALL Tasks outlined in the SOW; 24-7 Operations, Proposed Match Plan, All Emergency Management personnel, EMPG Funding Positions Only-Training and Exercise, National Incident Management System (NIMS), Coordination and Collaboration and Multi-Year Training and Exercise Plan(MYTEP). Also,refer to Form 1B,Quarterly Tasks to go along with your Quarterly Report. As a reminder,prior written approval must be obtained from the Division of Emergency Management for any motor vehicle purchased with funds provided under this Agreement. FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER 5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row Orlando, FL 32809-4634 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 850-413-9969 • Fax: 850-488-1016 www,FloridaDisaStar.Orq 1 6E 8 Collier County Page 2 All referenced report forms are available electronically from your contract manager. We look forward to working with you again this year. If you have any questions regarding this agreement,please call me at 850-413-9920 or e-mail jenene.helms(a�em.myflorida.com Sincerely, Jene e Helms da Division of Emergency Management Contract Number: 17-FG-P9-09-21-01-085 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R.§200.92 states that a"subaward may be provided through any form of legal agreement,including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R.§200.74,"pass-through entity"means"a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93,"Sub-Recipient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R.§200.38,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R.§200.92,"subaward"means"an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R.§200.331(aX1): Sub-Recipient's name: Collier County Sub-Recipient's unique entity identifier(DUNS): 076997790 Federal Award Identification Number(FAIN): EMA-2016-EP-00006 Federal Award Date: June 13,2016 Subaward Period of Performance Start and End Date: July 1,2016—June 30,2017 Amount of Federal Funds Obligated by this Agreement: $104,649.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $104,649.00 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $104,649.00 Federal award project description(see FFATA):The purpose of the Emergency Management Performance Grant(EMPG) Program is to provide federal funds to states to assist state,local,territorial,and tribal governments in preparing for all hazards, as authorized by Section 662 of the Post Katrina Emergency Management Reform Act(6 U.S.C.§762)and the Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.§§5121 et seq.).Title VI of the Stafford Act authorizes DHS/FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government,states,and their political subdivisions.The Federal Government,through the EMPG Program,provides necessary direction,coordination,and guidance,and provides necessary assistance,as authorized in this title,to support a comprehensive all hazards emergency preparedness system.The FY 2016 EMPG will provide federal funds to assist state, local,tribal,and territorial emergency management agencies to obtain the resources required to support the National Preparedness Goal's(she Goal's)associated mission areas and core capabilities.The EMPG program supports the Quadrennial Homeland Security Review Mission to Strengthen National Preparedness and Resilience. Name of Federal awarding agency: The Department of Homeland Security(DHS) Name of pass-through entity: Florida Division of Emergency Management Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee,FL 32399-2100 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.042 Whether the award is Research&Development: No(N/A) Indirect cost rate for the Federal award: 26.21% 1