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Backup Documents 09/10/2019 Item #16E 3 ORIGIi...5?›. 1NAL DOCUMENTS CHECKLT & ROUTN O1 TO ACCOMPA-)491AA.117NY ALL ORIGINAL DOCUMENTSISSENT IG SLIP TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original 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 agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 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 routinglines#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's Office qtaik I / 4. BCC Office Board of County Wrn. b� Commissioners i5( ,9Q6 '19 5. Minutes and Records Clerk of Court's Office 1 I Lci 11 :II. a,.,d, 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 9/10/19 J Agenda Item Number 16E'094977' 3 Approved by the BCC Type of Document Grant Agreement Number of Original 2—Both original Chair Attached Documents Attached signatures need to be mailed to the State. PO number or account FedEx account:4545- number if document is 0460-7 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 chairman' original ignature? N eed S (-(,,�•+nG11 CB 2. Does the document need to be sent to another agency for additional signatures? If Y CO/41(nrii ed N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. �m}t-ec 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 CB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 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 CB 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 opS7our deadlines! 8. The document was approved by the BCC on 9/10/19 Uid all changes made during the meeting have been incorporated in the attached document. The County Attorney'sOZ Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ; J BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. Crystal K. Kinzel CVT COU?, ,`c`. `'ecCollier County 1 6 E 3 Clerk of the Circuit Court and Comptroller 0 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 * c ouNr?. September 20, 2019 Newarsa Edwards State of Florida—Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Ms. Edwards, Enclosed are two original Federally-Funded Sub-award and Grant Agreement No. G0042 approved by the Board of County Commissioners on Tuesday, September 10, 2019. Please obtain the additional signature and return one original back to our office. Any questions, please contact me at 239-252-8411. Thank you, C: .#14-14.Leresa Cannon, CS-C.' Board's Minutes& Records Department 3299 Tamiami Trail East, #401 Naples, FL 3412 Phone-(239)252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 1 6E3 PULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE NO POUCH NEEDED. It.▪L.;.1 e88 IT U E p Mgr stthy e w E> $'m V m as • yw E< C eS p - a 2,2 i EIVT, € €"". Bs 'm c 2111 of y a Tit >p 22 `s$ yaZ 2 8 -- cciP -. , 82 C-1, li Ae co El € Y N• A m g8 i i - o Ig n E. g 2 L s 4 ---- 1g ill I 5 -f.;CD - 2 z _ j $ m gss 9 c $Y 73.3 ro ✓• U'l' ▪ . j5u E SO „ _ Egg.: •• ZiI A. ,- Bg s f $ a C cti & = Q O y LLII le Ail c s I" A y A ' d Bo 6 16121 311 AlG «•L O. € 50 2 .R sD VI �� zd g z �" a o .1- ., a b8 ul k..". i e &A 8' .4, '' let2 rq 0 0 •••• • t %__ 1 'T .........3, --tai 7,01ji Z' "X _ li, 00 f/Li i Q- Q 2 ,,, _Mr% o N ruar;; ;o laA/ Qmi © 411 CO t 4A N N CCS � Z Y - v c 3 x Z...5 CZ,Q 1( 4::%) I z_ �� IIom ` N c� . ,J (r t 3 .-., 51...g g F_-) n� -aa me KV teaE.i E E ro 2 11 2, a =A at, E W a riz 3 Q c-i }? F¢Z 8 Q3 CL G' N M 0 6EEE E917 0081 X3Paj09 0081 W03 xep8J r ',<,- r ,, L.J- 16E3 Agreement Number:G0042 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 Sub-Recipient 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 Sub- Recipient for the Sub-Recipient 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(a)(1): Sub-Recipient's name: Collier County Sub-Recipient's unique entity identifier(DUNS): 076997790 Federal Award Identification Number(FAIN): Federal Award Date: July 1,2019 Subaward Period of Performance Start and End Date: July 1, 2019 to June 30,2020 Amount of Federal Funds Obligated by this Agreement: $108,299.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $108,299.00 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $108,299.00 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.6 762)and the Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.66 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 2019 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(the 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: FL Division of Emergency Mgmt. Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.042 Whether the award is R&D: No(NA) Indirect cost rate for the Federal award: 29.26% 16E3 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"Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. 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. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 1 6E3 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by, all applicable State and Federal laws, rules and regulations, including those identified in the Scope of Work(Attachment B). 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. (3) 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 Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Newarsa Edwards 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone:(850)815-4340 Email: newarsa.edwards(u�em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Dan E. Summers 8075 Lely Cultural Pkwy, Suite 445 Naples, FL 34104 Telephone: (239) 252-3600 Email: Daniel.Summerscolliercountyfl.qov Christine.Boni(a�colliercountyfl.gov 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. 3 16E3 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) 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. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget(Attachment A) and Scope of Work (Attachment B) of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2019 and shall end on June 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of"period of performance"contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. 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. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Budget (Attachment A) and Scope of Work (Attachment B) of this Agreement. The maximum reimbursement amount for the entirety of this Agreement is$ $108,299.00 . d. As required by 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 Sub-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 Federal award. I am aware that any 4 16E3 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. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in the Budget (Attachment A) and Scope of Work(Attachment B), that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. 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 Sub-Recipient"relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-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 Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed 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, Sub-Recipient-employee agreement, or an established policy of the Sub-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: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-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 Sub- 5 0 16E3 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 Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. 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 Sub-Recipient. j. As defined by 2 C.F.R. §200.53, the term"improper payment" means or includes: i. 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, ii. 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. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally,the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, 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 Sub-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 Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333,the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or 6 ,.) 16E3 consultants paid from funds under this Agreement, for a period of five(5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5) year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 7 (5,) 16E ,� g. 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 Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- 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. h. 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. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget(Attachment A) and Scope of Work (Attachment B) and all other applicable laws and regulations. j. 8 0 16E3 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). 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)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). 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." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-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 Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)0), Florida Statutes, as"an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 9 0 16E3 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are September 30, December 31, March 31 and June 30. c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Quarterly Reports (Attachment D). (13)MONITORING. a. The Sub-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 10 16E3 review shall be done for each function or activity in the Budget(Attachment A) and Scope of Work (Attachment B) to this Agreement, and reported in Quarterly Reports (Attachment D). b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient 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, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), 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 Sub-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. (15)DEFAULT. If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any 11 r ti. 16E3 previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-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 (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or 12 16E3 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 Sub-Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-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 Sub-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 Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub-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 Sub- Recipient shall document, in its quarterly report to the Division,the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient 13 16E3 chooses to subcontract any of the work required under this Agreement, then the Sub-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 Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-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 Sub-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 Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-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 Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-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 Sub-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 Sub-Recipient as quickly as possible within the three(3) business 14 16E3 day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-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. g. As required by 2 C.F.R. §200.318(c)(1), the Sub-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. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. 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; viii. Engage in any arbitrary action during the procurement process; or, ix. 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. 15 0 16E3 i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage"otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c)as well as section 287.057(1)(a), Florida Statutes. k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub-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. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A—Proposed Program Budget Detail Worksheet iii. Attachment B—Scope of Work iv. Attachment C—Allowable Costs and Eligible Activities v. Attachment D—Quarterly Reports vi. Attachment E—Justification of Advance Payment vii. Attachment F— Certification Regarding Debarment viii. Attachment G—Warranties and Representations ix. Attachment H—Statement of Assurances x. Attachment I—Mandatory Contract Provisions (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Justification of Advance (Attachment E)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 16 C.P7 1 6E3 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 at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty(30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph (12) 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 subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)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, Sub-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. (22)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 Sub-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 are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. 17 1 6E3 c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et see.), 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, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-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: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. 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; iii. 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 (22) f. ii. of this certification; and, iv. 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 Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition, the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment F)for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. 18 (J 16E3 i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- 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 Sub-Recipient created or received under this Agreement. j. If the Sub-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. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-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. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. m. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. 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." c. 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. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 19 1 6E3 i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK 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; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in 20 16E3 connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub-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 Sub-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 (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-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 Sub- Recipient shall become the sole property of the Sub-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 Sub-Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub-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 Sub- Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub- Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: 21 "1 16E3 Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 22 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. 23 16E3 (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds$150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 24 16E3 (30)SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 25 1 6E3 (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The"socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 26 16E3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT; Collier CO NTY" .2„V7//- By: ��, Name and Title: William L. McDaniel,Jr. Chairman Date: 9/lo/lq FID# 59-6000558 ATT : Crystal K. i zel, Clerk Approved as to Form and Legality 11:IS Cjj7> Deputy Clerk,„ Jennifer A. Belp iat�esaS fo Ct>lairm�h'S Assistant County Attorney (w)s-9) Rsignatuto only. \ •\� 1)\ STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz. Division Director Date: 27 16E3 EXHIBIT—1 I. FEDERAL RESOURCES AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Sub-Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. II. FEDERAL PROGRAM Federal agency: Department of Homeland Security(DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD) Assistance Listings Number(formerly Catalog of Federal Domestic Assistance Number): 97.042 Notice of Funding Opportunity Title: Emergency Management Performance Grants NOFO Number: DHS-19-GPD-042-04-01 Authorizing Authority for Program: Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. §762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. §§ 7701 et seq.); and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90- 448) (42 U.S.C. §§4001 et seq.). Appropriation Authority for Program: Department of Homeland Security Appropriations Act, 2019 (Pub. L. No. 116-6) Award amount: $ $108,299.00 III. COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program: List applicable compliance requirements as follows: 1. 2 C.F.R. 200, Uniform Administrative Requirements for Federal Grants 2. Chapter 252, Florida Statutes 3. Fiscal Year 2019 Notice of Funding Opportunity 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. 28 F, 16E3 ATTACHMENT A PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant is intended for use by the Sub-Recipient to perform eligible activities as identified in the Fiscal Year 2019 Notice of Funding Opportunity(NOFO) and must be consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes. The"Proposed Program Budget Detail Worksheet" serves as a guide for both the Sub-Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment B). Prior to execution of this Agreement, the Sub-Recipient shall complete the"Proposed Program Budget Detail Worksheet" listed below. If the Sub-Recipient fails to complete the"Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Sub-Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Sub-Recipient changes the"Proposed Program Budget Detail Worksheet", then the Sub-Recipient's quarterly report must include an updated "Proposed Program Budget Detail Worksheet"to reflect current expenditures. Grant Recipient Agency Category Amount Atlocatetl,'_ Planning 24,000 FY 2019-2020 Emergency COLLIER COUNTY Organization Management Performance Grant Equipment 74,299 Training 10,000 Exercise Management&Administration (Up to 5% of total award) Total Award $108,299 � �[ �� FY 201$-2020 PROPOSED PWORKSHEET-E r � ^ (Not limited to activities be|oxx) Allowable Planning Costs Quantity Unit Cost Total Cost Development of Emergency Plans—Hazards Analysis 1 24'000 34'008 Consultant. Salaries Supplies Travel/per diem related to planning activities AL PLANNING EXPENDITURES $ . ~° ' ' Allowable Organization Costs Quantity Unit Cost Total Cost Salaries Utilities (electric, water and sewage) Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology LaptopeO4HVV'O1'|NHVV 10 2.800 26.000 Cybersecurity enhancement equipment lnteroperable communications equipment Portable Radios XG'75OGCp'O1'pDRT 5 4.000 20.000 Detection Equipment Power equipment CBRNE Refrence Materials 16E3 CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Portable AC for shelters 19SS-00-SHEN 1 22,000 22,000 Carts for transporting equipment 19MH-00-CART 2 649.50 1,299 Other authorized equipment costs 21 GN-00-OCEQ - EOC equipment& supplies (provide description of EOC equipment&supplies) Furniture 1 5,000 5,000 for EOC TOTAL EQUIPMENT EXPENDITURES $74,299 Allowable Training Costs Quantity Unit Cost Total Cost Salaries Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel 10 1,000 10,000 Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $10,000 Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits—Hiring of contractors or consultants Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs Quantity Unit Cost Total Cost (Up to 5%of total award) Salaries and Fringe Benefits (;) 16E3 TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $108,299 REVISION DATE: 16E3 ATTACHMENT B SCOPE OF WORK The Emergency Management Performance Grant(EMPG) subgrant agreement authorizes reimbursement for eligible activities as identified in the Fiscal Year 2019 Notice of Funding Opportunity (NOFO). FY2019 allowable costs are divided into the following categories: • Planning; • Organization; • Equipment; • Training; • Exercise; and, • Management and Administration. Eligible activities are outlined in Allowable Costs and Eligible Activities. The EMPG's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State and Local Comprehensive Emergency Management Plans and Chapter 252, Florida Statutes. 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 Sub-Recipient certifies that it will use these funds to enhance the county's Emergency Management Program. 33 �1 ) 16E3 Tasks& Deliverables: The Sub-Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form 1 B)will need to be provided each quarter to show completion or working towards the completion of each task. Quarterly deliverables must be uploaded into the Division's SharePoint portal at https://oortal.floridadisaster.orq each quarter as stated in the scope of work. The Sub-Recipient must also provide a certification of completion on the deliverable checklist. 1. Match. Throughout the period of performance for this Agreement, the Sub-Recipient shall use non- Federal funds to match dollar for dollar all funds provided under this Agreement. Deliverables (due each quarter): • Provide Quarterly Match Form 3A to identify the non-federal match amount; • Supporting documentation is required if the federal obligation exceeds the EMPA award amount or using local funds to satisfy the match requirement. If using EMPA as match no additional supporting documentation is required. Supporting documentation must include invoices, receipts, paystubs, earning statements, cancelled checks, credit card statements, bank statements for proof of payment at least equal to the amount of reimbursement requested for that quarter. 2. Validating Capabilities -National Incident Management System (NIMS). All EMPG-funded personnel shall complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored state, local, tribal, territorial, regional or other designated location. Further information on the National Emergency Management Basic Academy and the Emergency Management Professional Program can be found at: https://training.fema.gov/empp/. Previous versions of the IS courses meet the NIMS training requirement.A complete list of Independent Study Program Courses may be found at http://traininq.fema.gov/is. In addition to training activities aligned to and addressed in the Training and Exercise Plan (TEP), all EMPG funded personnel must complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS)-100 (any version), IS-200 (any version), IS-700 (any version), and IS-800(any version), and Professional Development Series(PDS) or the Emergency Management Professionals Program (EMPP) Basic Academy Deliverable(due each quarter): • The FDEM Form 4- Staffing Detail for all funded EMPG personnel; • Position descriptions for funded EMPG personnel and any position being used as match; • Training certificates for funded EMPG personnel listed on the FDEM Form 4—Staffing Detail. If certificates are uploaded into SERT TRAC, the Grant Manager will request a copy of the transcript from the Training and Exercise Unit(T&E). NOTE: For quarters 2, 3, and 4, additional course completion documentation is required only if: • New personnel are listed on the Staffing Detail Form. 34 16E3 3. Training and Exercises. The Sub-Recipient shall develop and maintain a Multi-Year Training and Exercise Plan (MYTEP)that identifies a combination of exercises and associated training requirements that address priorities identified in the TEPW and builds from training gaps identified in the county assessment process. Training activities must enhance the capabilities of emergency management personnel, including establishing, supporting, conducting, and attending training deliveries. Training activities should align to a current, MYTEP developed through an annual Training and Exercise Plan Workshop (TEPW) and should reflect efforts to address training capabilities gaps. Exercises play a vital role in national preparedness by enabling whole community stakeholders to test and validate plans and capabilities, and identify both capability gaps and areas for improvement. Exercises also test capabilities, familiarize emergency management personnel with roles and responsibilities, and foster meaningful interaction and communication across organizations. Exercises bring together and strengthen the whole community in its efforts to prevent, protect against, mitigate, respond to, and recover from all hazards. Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current, Multi-Year TEP developed through an annual TEPW. Deliverables: • Provide the percentage of completed training and exercise activities listed on the current MYTEP (due each quarter); • Update the County 2021-2023 MYTEP by April 30, 2020 (due 4th quarter); • Provide sign in sheet or certificate of participation in at least three (3) exercises for funded EMPG personnel during the period of performance(due 2"d through 4th quarter) 4. Inventory Management-Distribution Management Plan. All EMPG Sub-Recipients must provide an Inventory Management component to the Division's Distribution Management Plan to include the identification of resources including commodities, equipment and supplies in the event of a disaster. Section 252.35 (2)(g), Florida Statutes, requires the Division to: • Ascertain the requirements of the state and its political subdivisions for supplies and equipment of all kinds in the event of a disaster; and • Plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability. Completion of this requirement ensures statewide resource requirements are identified. Deliverable (due 4th quarter): • Provide an inventory list of resources on the Logistics Distribution Inventory Management form.All fields must be completed, items must be"typed" appropriately, and physical location recorded. The Logistics Distribution Inventory Management form can be located in the Division's SharePoint portal. 35 16E3 ATTACHMENT C ALLOWABE COSTS AND ELIGIBLE ACTIVITIES I. Categories and Eligible Activities The 2019 EMPG Funding Guidance allowable costs are divided into the following categories: planning, organization, equipment, training, exercise, and management and administration. Allowable Costs A. 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 state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans • Local Comprehensive Emergency Management Planning Planning Costs Supporting Documentation: Provide copies of completed plan, contracts, Memorandum of Understanding or agreements with consultants or sub-contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning statements, payroll expenditure reports). Copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. B. Organization EMPG Program funds may be used for all-hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Personnel costs, including salary, overtime and backfill, compensatory time off, and associated fringe benefits, are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E—Cost Principles. Eligible"Organization Cost" items include, but are not limited to: • Salaries and Fringe Benefits- provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6-Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials 36 t 16E3 • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/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. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center(Need prior EHP approval) • Central Heat/Air(Need prior EHP approval) • Out buildings for storage of Emergency Management Equipment(Need prior EHP approval) • Security Improvements (i.e. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) Maintenance and Sustainment The use of FEMA preparedness grants funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub-Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.clov/media-library/assets/documents/32474. Organization Costs Supporting Documentation: For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6- Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). Expense items need to have copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment.All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). The Quarterly Tasks (Form 1 B) is due every quarter with the quarterly financial report. This is to identify emergency management personnel, all EMPG funded employees and the completion of the required tasks and deliverables as outlined in the scope of work during the agreement period. 37 _ 1 1 6E3 C. Equipment Allowable equipment categories for the EMPG Program are listed on the web-based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment(PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment(Category 5) • Interoperable Communications Equipment(Category 6) • Detection Equipment(Category 7) • Power Equipment(Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive(CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment(Category 14) • CBRNE Logistical Support Equipment(Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the responsibilities of the EMPG Program. If Sub-Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub-Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) must comply with Information Bulletin (IB) 426 and must include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPG. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over$100,000. Equipment Acquisition Costs Supporting Documentation: Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. Provide the Authorized Equipment List(AEL) #for each equipment purchase. D. Training EMPG Program funds may be used for a range of emergency management-related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training.Training activities should align to a current, Multi-Year TEP developed through an annual TEPW. Training should foster the development of a community 38 1 6E3 oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the TEP, all EMPG-funded personnel (including full-and part- time state, local, tribal and territorial (SLTT) recipients and subrecipients) shall complete the following training requirements and record proof of completion: (1) NIMS Training, Independent Study (IS)-100 (any version), IS-200 (any version), IS-700 (any version), and IS-800 (any version)AND; (2) Professional Development Series(PDS) OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Basic Academy Professional Development Series Basic Academy Pre-requisites and Courses IS-120.a An Introduction to Exercises IS-100(any version) Introduction to the Incident Command System IS-230.d Fundamentals of Emergency IS-700(any version)National Incident Management Management System (NIMS)-An Introduction IS-235.b Emergency Planning IS-800(any version)National Response OR Framework, An Introduction IS-240.b Leadership and Influence IS-230.d Fundamentals of Emergency Management IS-241.b Decision Making and E/L101 Foundations of Emergency Problem Solving Management IS-242.b Effective Communication E/L102 Science of Disasters E/L 103 Planning Emergency Operations IS-244.b Developing and Managing Volunteers E/L104 Exercise Design E/L105 Public Information & Warning Additional types of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI)training or delivering EMI train-the-trainer courses • Attending other FEMA-approved emergency management training 39 1 6E3 • State-approved, locally-sponsored CERT training • Mass evacuation training at local, state, and tribal levels Allowable training-related costs include the following: • Develop, Deliver, and Evaluate Training.This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills.Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the 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 Analyze, Design, Develop, Implement and Evaluate (ADDIE) 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 FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m.to 5:00 p.m.), even though such work may benefit both activities. • Travel.Travel costs (e.g., airfare, mileage, per diem, 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 or FEMA,whichever is applicable. • 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. When conducting a training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the FDEM State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro- rata basis for any training with less than 15 participants. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as"a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non-Federal entity and is necessary and reasonable for successful performance under the Federal award." 40 1 6E3 Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: [T]he coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. In order for travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states"No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state."). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. 41 1 6E3 Class A, Class B, and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day(midnight to midnight). • Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: • $6 for breakfast(when travel begins before 6 a.m. and extends beyond 8 a.m.); • $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and, • $19 for dinner(When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: • The authorized per diem for each day of travel; or, • If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six-hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates: The Division shall not reimburse for any meal allowance that exceeds$6 for breakfast, $11 for lunch, or$19 for dinner unless: • For counties—the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy(in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA")for that locale (see https://www.gsa.ciov/portal/content/104877). Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one- way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. 42 1 6E3 Training Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements with consultants or sub-contractors providing services. Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment and a copy of the agenda, certificates and sign in rosters (if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the Sub- 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 Sub- Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. E. Exercises Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current, Multi-Year Training and Exercise Plan (MYTEP)developed through an annual Training and Exercise Planning Workshop (TEPW). Allowable exercise-related costs include: • 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. Sub-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 or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill.The entire amount of overtime costs, including payments related to backfilling personnel,which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel.Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • 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). 43 16E3 • 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. Sub-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. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division at least twenty-five(25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. 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 Exercise Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements with consultants or sub-contractors providing services. Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment and a copy of Exercise Plan (EXPLAN), After-Action Report/Improvement Plan (AAR/IP) and sign in sheets for conducted exercises(if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation: For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6-Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). Costs for M&A activities are allowed up to 5% of the total award amount. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of Sub-Recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. §200.414(f), Sub-Recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award. A copy of the approved rate(a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time of application, and must be provided to FEMA before indirect costs are charged to the award. 44 T 16E3 I. Construction and Renovation Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center(EOC) as defined by the SAA are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (located in the Related Documents tab of the EMPG grants.gov posting) to their Regional EMPG Manager for review. Additionally, recipients are required to submit a SF-424C Form and Budget detail citing the project costs. When applying for funds to construct communication towers Sub-Recipients must submit evidence that the Federal Communication Commission's (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review. Sub-Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub-Recipient believes an Environmental Assessment(EA) may be needed, as defined in as defined in DHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to gpdehpinfo(&.fema.gov. EMPG Program Sub-Recipients using funds for construction projects must comply with the Davis- Bacon Act(40 U.S.C. §§ 3141 et seq.). Grant Sub-Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor(DOL)wage determinations, is available from the following website: https://www.dol.gov/whd/govcontracts/dbra.htm Unallowable Costs • Unallowable Equipment: Grant funds must comply with IB 426 and may not be used for the purchase of the following equipment: firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities and projects unrelated to the completion and implementation of the EMPG Program In general, Sub-Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. II. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants- funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub- Recipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting 45 16E3 documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub-Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy#108-023-1. The EHP screening form is located https://www.fema.gov/media- Preparedness Grants Manual I April 2019 Page 19 library/assets/documents/90195, and further EHP guidance can be found at https://www.fema.gov/media-library/assets/documents/118323. Procurement All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, may result in the following penalty: • A 10% reduction of the overall amount authorized by this Agreement. The Division shall apply the penalty each quarter during which the Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each penalty shall be applied cumulatively. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 46 ) 1 6E3 ATTACHMENT D QUARTERLY REPORTS Sub-Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year; and must 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. Reporting Period Report due to FDEM no later than July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 The Sub-Recipient shall provide the Division with full support documentation for the quarterly financial reports. A. The Quarterly Tasks Form 1B is due with your quarterly financial report each quarter. This form identifies the required tasks and deliverables as outlined in the scope of work and identifies funded EMPG personnel during the agreement period. B. The Quarterly Match Form (Form 3A) is due each quarter for Sub-Recipients to identify funds being used to match the federal obligation. If the federal obligation exceeds EMPA or using local funds supporting documentation is required. The Sub-Recipient must identify the non-federal match on Form 3A and provide supporting documentation if applicable (i.e. invoices, cancelled checks, earning statements, payroll expense reports, credit card statements, bank statements, etc.). Cost-matching requirements must be in accordance with 2 C.F.R. 200.306. To meet matching requirements, the Sub-Recipient contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. C. The final Close Out report is due sixty(60) days after termination of this Agreement. Federal funds provided under this agreement shall be matched by the Sub-Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. invoices, canceled checks, earning statements, payroll expense reports, credit card statements, bank statements). 47 EN. 1 6E3 D. Programmatic Point of Contact: Contractual Point of Contact Programmatic Point of Contact Newarsa Edwards Karen Lyons FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 815-4340 (850) 815-4325 Newarsa.Edwards@em.myflorida.com Karen.Lyons@em.myflorida.com 48 1 6E3 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] 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 (list applicable line items) of 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) 49 1 6E3 ATTACHMENT F Certification Regarding Debarment,Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-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 Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub-Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 50 1 6E3 ATTACHMENT G WARRANTIES AND REPRESENTATIONS Financial Management The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub-Recipient shall have its offices open for business,with the entrance door open to the public, and at least one employee on site, from: 8:00AM to 5:00PM M-F Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. 51 OBJ 1 6E3 ATTACHMENT H STATEMENT OF ASSURANCES The Sub-Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements,including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule,that govern the application, acceptance and use of Federal funds for this federally-assisted project.Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General,through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat.975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance"includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by(a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for 52 16E3 inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its sub-recipients and contractors,with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate;the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws,orders,circulars,or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures;and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act(as appropriate);Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A,Title II of the Americans with Disabilities Act(ADA) (1990);Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G;and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race,color, religion, national origin, sex, or disability against a Sub-Recipient of funds, the Sub-Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for$500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L.97-348)dated October 19, 1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 53 1 6E3 ATTACHMENT I MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 54 16E3 OMB Guidance Pt.200,App.II (Di Davis-Bacon Act-as amended i40U.S.C. materials or articles ordinarily available on 2141-3140).When required by Federal program the open market. or contracts for tramper- legislation, ransper- le gislation,all prime construction contracts tatlun or transmission of intelligence. in excess oI 52.000 awarded by non-Federal (F) Rights to Inventions Made Under a entitles must include a provision for compli- Contract or Agreement,If the Federal award Inco with the Davis-Flacon Act (40 U.S.C. meets the definition of•"funding agreement" 3141-2114, and 2i46-31101 as supplemented by. under 37 CFR§3012(a)and the recipient or Department of Labor regulation (2t) CFR subreuipient wishes to enter into a contract Part 5. "Labor or Standards Provisions Appli- with a small business firm or nonprofit orga- tiable to Contracts Covering Federally El- nizatlon regarding the aubatitution of par- nanced and Assisted Construction"). In ac. cies. assignment or performance of experi- corlance with the statute.contractors must mental. developmental, or research work be required to pay wages to laborers and me- under that"funding agreement," the reclpl- chanics at a rate not less than the prevailing out or subreciplent must comply with the i's- wages specified in a wage determination qulr•ements of 37 CFR Part 401."Rights to In- made by the Secretary of Labor.In addition, vent-Ions Made by Nonprofit Organizations contractors must be required to pay wages and Small Business Firms Under Govern. not less than once a week.The non-Federal meat Grants. Contracts and Cooperative entity must place a copy of the current pre- Agreements,"and any implementing regula- vailing wage determination issued by the De- tions issued by the awarding agency. partment of Labor In each solicitation.The tG)Clean Air Act(42 U.S.C.7401-7671q.)and decision to award a contract or.subcontract the Federal Water Pollution Control Act 133 must,be coniltioned upon the acceptance of U.S.C.1251-131T'Y.as amended—Contracts and the wage determination.The non-Federal en- .subgrants of amounts In excess of $150.000 city must report all suspected or reported must contain a provision that requires the violations to the Federal awarding agency. non-Federal award to agree Co comply with The contracts must also include a provision all applicable standards. orders or regula- tor compliance with the Copeland "Anti- tions tssumd pursuant to the Clean Air Act Kickback" Act +10 U.S.C. 3145.. as supple- (12 U.S.C. 7101-1671q)and the Federal Water neuter by Department of labor regulations Pollution Control Act as amended(32 U.S.C. (22 CFR Part 3. "Contractors and Sub- 12.51-13117).Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Regional Work Ftiuiriceel In Whole or in Part by Loans Office of the Environmental Protection or Grants from the United States-a The Act Agency(EPA). provides that each contractor or sub- (lb Mandatory standards and policies re- recipient must be prohibited from inducing. Jel.ing to energy efficiency which are ('on- by any means- any person employed to the tante('in the state energy conservation plan construction,completion.or repair of public issued in compliance with the Energy Policy work. to give up any part of the compere a.- and Conservation Act 142 U.S.C.6201a lion to which he or she is otherwise entitled. tit Debarment and Suspension (Executive The non-Federal entity must report all sus- Orders 12549 and 12.529)--A contract award potted or reported violations to the Federal (see 2 CFR 100.220.must not be made to pat- aharding agency. ties Misted on Um governmentwido Excluded (Rt Contract Work Flours and Safety Parties List System in the System for Award Standards Act (40 U.S.C- 3701-3702). Where Management'SAM).in accordance with the, applicable,all contracts awarded by the non- OMB guideline::at 2 CFR 1W)that implement Federal entity in excess of 5100.000 that in- Executive Orders 12590 (3 CFR Part 1996 volve the employment of mechanics or labor- Comp.. p. 199) and 121310 (3 CFR Part .11)99 ors must Include a provision for compliance Comp..p.235)."Doharnuelit and SU6p3rlslo11." with 40 U.S.C.3702 and 3704-as supplemented The Excluded Parties List System in SAM In Department of Labor regulations 129 CFR contains the names of parties debarred.sue- Part 5). l.'nder 10 II.S.C.3702 of the Act:,each pended.or otherwise excluded by agencies.as contractor must be required to compute the well as parties declared ineligible under state wages of every mechanic and laborer on the Mary or regulatory authority other than Ex- basis of a standard work week of 40 hours. ecutive Order 12510. Work in excess of the standard work week Is 0) Byrd Anti-Lobbying Amendment (:11 permissible provided that the worker is corn- U.S.C. 1352)--Contractors that apply or bid psnsated at a rate of not loss than one and a for an award of 5100.00)or more must file the half times the basic rate of pay for all hours required certification. Each tier certifies to worked in excess of 40 hours in the work the tier above that it will not and has not week.The requirements of 40 U.S.C.3791 are used Federal appropriated funds to pay any applicable to construction work and provide person or organization for influencing or at that no laborer or me•hanic must he re- tempting to influence an officer or employee quired to work in surroundings or under of any agency,a member of Congress.officer working conditions which are unsanitary. or employee of Congres^,.or an employee of a hazardous or dangerous.These requirements member of Congress in connection with ob- do not apply to the purchases of supplies or taming any Federal contract. grant or any 195 55 S 1 6E3 Pt.200,App.III 2 CFR Ch. II (1-1-14 Edition) other award covered by 31 U.S.C.1252. Each tit Sponsored research means all research tier must also disclose any lobbying with and development activities that are Spon-. non-Federal funds that lakes place in con- cored by Federal and non-Federal agencies nection with obtaining any Federal award. and organizations.This term includes activl- Such disclosures are forwarded from tier to ties involving the training of individuals in tier up to the non-Federal award. research techniques (commonly called re- )See x,330.322 Frocurenient of recovered search training)where such activities utilize materials. the same facilities as other research and de- velopmint activities and where such.activi- APPENDIX III TO PART 200---INDIRECT ties are not Included In the instruction fame- (P&A) COSTS In a'riFICATroN AND dolt. ASSIGNMENT, AND RATE DsrrE]tMIN.a- 121 Uaiverxitj research means alt research TION FOR INSTITUTIONS OF HIGHER and development activities that: aresepia- EDUCATION(IHEs) rattily budgeted and accounted for by the in- stitution under an internal application of in-- A.Gr_vt:RA(, stitutional funds. University research, for 'Chis appendix pmvfdes criteria for Utentl• purposes of this document., must let corn- This and computing indirect for indirect hired with sponsored research under the F&A))rates at Hies(institutions).Indirect, function of organized research. P&.1)rusts are those that are incurred for c.Other sponsored actfrtttes means programs common or joint objectives and therefore and projects financed by Federal and nnn- cannot he identified readily and specifically Federal agencies and organizations which in- with a particular sponsored project- an in- volvo the performance of work other than in- structionstru itorral activity, or any other institu- tional and organized research. Examples activity. See subsection il.i. Definl- of such programs and projects are health rico of Facilities and Administration. for a service projects and community service pro- discussion of the components of Indirect grams.However,when any of these activities P&A r costs, are undertaken by the Institution without outside support, they may be classified as I.Major Feec-Itnri.s of an fasnrutirm other institutional activities, Refers to instruction. organized re:search. el.Other institutional urttmes means all ac- ether sponsored activities and oilier institu- tivttios of an institution except for inst.ruc- tianal activities as defined in this section; Cion, departmental research. organized le- a. tnstructren means the teaching and search,and ether sixmsorod activities.as de- fined in this section:Indirect(F&A)cast ac- tor research training as provided to sub-Except- [italics identified in this Appendix para- for b.this term includes all teaching and graph A.Identification and assignment of in- training activities. whether they are offered direct(F&A) costs: and specialized services for credits toward a degree or certificate or facilities described in 12{5).f6tt Specialized on a non-credit harts.and whether they are service tacttttlt of this Fart. offered through regular academic Examples of other institutional activities depart- ments or separate division:;,such as a sum- include operation of residence halls, dining flier school division or an extension division. hails. hospitals and cttmcs, student, unions. Also considered part of this major function intercollegiate athletics,bookstores,faculty arts sie]rartmental reseatc-lr. and, where housing. student apartments. guest houses, agreed t.+3.university research. chapels.theaters,public museums.and other fit Sponsoreddtrail-wawa end rrurntt:u means similar auxiliary enterprises.This definition specific Instructional or training activity Cs- also Includes any other categories of activi- • tablished by grant. contract,or cooperative ties. costs of which are "unallowable" to agreement. For purposes of the cost. prin- Federal awards. unless otherwise indicated dries. this; activity may be considered a In an award. major function even though an institution's 2.Criteria for Distribution accounting treatment may Include it to the instruction function. a. Base period. A base period for distrtbu- f2t Lkpartrnontat research means research. tion of indirect (MA) costs is the period development and scholarly activities that during which the costs are incurred. The, are not organized research and, con- base period normally should coincide with sc+quentiy. are not separately budgeted and the fiscal year established by the institution. accounted for. Departmental research, for but in any event the base period should be so purposes of this document,is not considered selected as to avoid 'inequities in the tits- as a major function.but as a part of the in- tribution of costs. struction function of the institution. b, Need for coat Qreupiags.The overall eb- b. Orgunlsed research means all research jective of the indirect tt-'&Al cost allocation and development activities of an institution process is to distribute the Indirect (F&A't that are separately budgeted and accounted costs described in Section }3, Identification for.It includes: and assignment of indirect tF&A} costs, to 196 56 16 E3 Teresa L. Cannon From: BoniChristine <Christine.Boni@colliercountyfl.gov> Sent: Monday, October 21, 2019 9:58 AM To: Teresa L. Cannon Subject: Fully Executed EMPG Agreement Attachments: FY19 EMPG Collier County.pdf Teresa, Good morning. Please see the attached fully executed agreement. This item was approved by the BCC on 9/10/19, Item 16E3. Have a great day() Respectfully, Christine Boni Sr. Accountant Co er County Emergency Management mu 8075 Lely Cultural Pkwy,Suite 432,Naples FL 34113 Phone:239-252-3617 Cell: 239-601-1606 Fax:239-252-6769 raMMIN v COURICOUNTY w -ice " From: Edwards, Newarsa <Newarsa.Edwards@em.myflorida.com> Sent:Thursday, October 17, 2019 4:38 PM To: BoniChristine<Christine.Boni@colliercountyfl.gov> Cc:Jenkins, Chanda <Chanda.Jenkins@em.myflorida.com> Subject: RE: [EXTERNAL] EMPG Agreement-TIME SENSITIVE EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Afternoon Christine, Attached is a copy of the executed agreement. I mailed the executed agreement out on 10/11/19. Let me know if you need more assistance. Thank you, flee(diva/as Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, Fl 32399 1 16E3 Agreement Number:G0042 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 Sub-Recipient 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 Sub- Recipient for the Sub-Recipient 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(a)(1): Sub-Recipient's name: Collier County Sub-Recipient's unique entity identifier(DUNS): 076997790 Federal Award Identification Number(FAIN): Federal Award Date: July 1,2019 Subaward Period of Performance Start and End Date: July 1,2019 to June 30,2020 Amount of Federal Funds Obligated by this Agreement: $108,299.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $108,299.00 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $108,299.00 Federal award project description(see FFATA):The purpose of the Emergency Management Performance Grant(EMPG) Proaram 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.Q 762)and the Robert T Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.46 5121 et sea.).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 su000rt a comprehensive all hazards emergency preparedness system.The FY 2019 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(the 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: FL Division of Emergency Mgmt. Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.042 Whether the award is R&D: No(NA) Indirect cost rate for the Federal award: 29.26% 1 1 6 E 3 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"Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award,and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below;and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE,the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides:"Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore,section 215.971, Florida Statutes, entitled"Agreements funded with federal or state assistance",applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled"Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes,this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. 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. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 16E3 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing,the Sub-Recipient and the Division shall be governed by, all applicable State and Federal laws, rules and regulations,including those identified in the Scope of Work(Attachment B).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. (3) 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 Sub-Recipient.As part of his/her duties,the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance;and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Newarsa Edwards 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone:(850)815-4340 Email: newarsa.edwardsAem.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Dan E. Summers 8075 Lely Cultural Pkwy, Suite 445 Naples, FL 34104 Telephone:(239)252-3600 Email: Daniel.SummersAcolliercountyfl.gov Christine.Boni(a,colliercountyfl.gov 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. 3 1 6 E 3 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) 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. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget(Attachment A) and Scope of Work(Attachment B)of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin July 1,2019 and shall end on June 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph(17)of this Agreement. Consistent with the definition of"period of performance"contained in 2 C.F.R. §200.77,the term"period of agreement" refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R.§200.309, the Sub-Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes,the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. 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. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Budget(Attachment A) and Scope of Work(Attachment B)of this Agreement. The maximum reimbursement amount for the entirety of this Agreement is$ $108.299.00 . d. As required by 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 Sub-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 Federal award. I am aware that any 4 0 1 6 E3 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. (U.S.Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure,outlined in the Budget (Attachment A)and Scope of Work(Attachment B),that clearly delineates: i. The required minimum acceptable level of service to be performed;and, ii. The criteria for evaluating the successful completion of each deliverable. f. 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 Sub-Recipient"relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-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 Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed 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, Sub-Recipient-employee agreement,or an established policy of the Sub-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: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities,including Federal awards; and, iii. The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-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 Sub- 5 0 1 6 E 3 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 Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy;and, ii. Participation of the individual in the travel is necessary to the Federal award. i. 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 Sub-Recipient. j. As defined by 2 C.F.R.§200.53,the term"improper payment"means or includes: i. 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, ii. 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. (10)RECORDS a. As required by 2 C.F.R.§200.336,the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division,or any of their authorized representatives, shall enjoy the right of access to any documents, papers,or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits,examinations,excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally,the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R.§200.331(a)(5),the Division,the Chief Inspector General of the State of Florida,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 Sub-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 Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements(Chapter 119, Florida Statutes)and by 2 C.F.R.§200.333,the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or 6 1 6 E 3 consultants paid from funds under this Agreement, for a period of five(5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5)year requirement: i. If any litigation,claim,or audit is started before the expiration of the 5-year period,then the records must be retained until all litigation,claims,or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit,oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity,the 5-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement,the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals,cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R.§200.334,the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R.§200.335,the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted,then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered,there is no need to create and retain paper copies. When original records are paper,electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration,and remain readable. f. As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local,and tribal laws regarding privacy and obligations of confidentiality. 7 C�� 1 6 E 3 g. 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 Sub-Recipient based upon the funds provided under this Agreement,the meetings of the Sub- 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. h. 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. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget(Attachment A)and Scope of Work(Attachment B)and all other applicable laws and regulations. j. 8 0 1 6 E 3 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200,Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub-Recipient shall follow Generally Accepted Accounting Principles("GAAP"). 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)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). 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." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-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 Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(i), Florida Statutes, as"an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient,to the Division at the following address: D EMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 9 (S) 16E3 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester,census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328,the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are September 30, December 31, March 31 and June 30. c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement,whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph(16) REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Quarterly Reports(Attachment D). (13)MONITORING. a. The Sub-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 10 1 6 E 3 review shall be done for each function or activity in the Budget(Attachment A)and Scope of Work (Attachment B)to this Agreement,and reported in Quarterly Reports(Attachment D). b. In addition to reviews of audits,monitoring procedures may include, but not be limited to,on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections,reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition,the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision,as defined in section 768.28(2), Florida Statutes,the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement;as authorized by section 768.28(19), Florida Statutes, Sub-Recipient 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, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), 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 Sub-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. (15)DEFAULT. If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph(16); however,the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any 11 1 6 E 3 previous agreement with the Division and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall,after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement,provided that the Sub-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(3)herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws,rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions,to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend,discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect,extend or 12 1 6 E3 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 Sub-Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules,laws and regulations, failure to perform on time,and refusal by the Sub-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 Sub-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 Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations,to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R.Part 200(entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i),the Sub-Recipient shall"maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type,contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub-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 Sub- Recipient shall document,in its quarterly report to the Division,the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R.§200.320(b),if the Sub-Recipient 13 1 6 E 3 chooses to subcontract any of the work required under this Agreement,then the Sub-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 Sub-Recipient within three(3)business days. Consistent with 2 C.F.R. §200.324,the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R.§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R.§200.318(k),the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-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 Sub-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 Sub-Recipient as quickly as possible within the three(3) business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient,then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph(17)above;and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R.§200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-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 Sub-Recipient within three(3) business days. Consistent with 2 C.F.R. §200.324,the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R.§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R.§200.318(k),the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-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 Sub-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 Sub-Recipient as quickly as possible within the three(3)business 14 U 1 6 E 3 day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant,then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17)above;and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and(iii)the subcontractor shall hold the Division and Sub-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. g. As required by 2 C.F.R. §200.318(c)(1),the Sub-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. As required by 2 C.F.R. §200.319(a),the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly,the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone,or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. 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; NAL Engage in any arbitrary action during the procurement process; or, ix. 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. 15 1 6 E 3 i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage"otherwise,the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub-Recipient shall conduct any procurement involving invitations to bid(i.e. sealed bids)in accordance with 2 C.F.R. §200.320(c)as well as section 287.057(1)(a), Florida Statutes. k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals)in accordance with 2 C.F.R.§200.320(d)as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract,the Sub-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. Additionally,the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 -Funding Sources ii. Attachment A—Proposed Program Budget Detail Worksheet iii. Attachment B—Scope of Work iv. Attachment C—Allowable Costs and Eligible Activities v. Attachment D—Quarterly Reports vi. Attachment E—Justification of Advance Payment vii. Attachment F— Certification Regarding Debarment viii. Attachment G—Warranties and Representations ix. Attachment H—Statement of Assurances x. Attachment I—Mandatory Contract Provisions (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R.§200.305 and,as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested,the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Justification of Advance (Attachment E)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 16 GF` 1 6 E 3 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 at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty(30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph(12)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 subparagraph(9)b.of this Agreement,all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)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, Sub-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. (22)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 Sub-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 are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule,or is unenforceable,then the provision shall be null and void to the extent of the conflict,and shall be severable, but shall not invalidate any other provision of this Agreement. 17 1 6 E 3 c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S.C.Section 12101 et sea.),which prohibits discrimination by public and private 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, supplier,subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-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: i. Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. 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; iii. 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 (22)f. ii.of this certification; and, iv. 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 Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division(by email or by facsimile transmission)the completed "Certification Regarding Debarment,Suspension, Ineligibility And Voluntary Exclusion"(Attachment F)for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. I8 1 6 E 3 i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- 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 Sub-Recipient created or received under this Agreement. j. If the Sub-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. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-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. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. m. The Division may, at its option,terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23)LOBBYING PROHIBITION a. 2 C.F.R.§200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. 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." c. 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. d. The Sub-Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief: 19 1 6 E 3 i. No Federal appropriated funds have been paid or will be paid,by or on behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment or modification of any Federal contract,grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,loan or cooperative agreement,the Sub-Recipient shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK 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;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright,the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals,films,or other copyrightable material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in 20 1 6 E 3 connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement,the Sub-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 Sub-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(24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-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 Sub- Recipient shall become the sole property of the Sub-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 Sub-Recipient, under this Agreement,for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub-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 Sub- Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub- Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R.§60-1.4(b),the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof,as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,contract, loan, insurance,or guarantee, or undertaken pursuant to any Federal program involving such grant,contract, loan, insurance,or guarantee,the following equal opportunity clause: During the performance of this contract,the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion,sex, sexual orientation,gender identity,or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color, religion, sex,sexual orientation,gender identity, or national origin. Such action shall include,but not be limited to the following: 21 1 6 E 3 Employment,upgrading,demotion,or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex,sexual orientation, gender identity,or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation, proceeding,hearing, or action, including an investigation conducted by the employer, or is consistent with the contractors legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules, regulations,and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations,and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 22 1 6 E 3 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1)through (8)in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations,and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance,and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition,the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following actions: cancel,terminate,or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient;and refer the case to the Department of Justice for appropriate legal proceedings. 23 1 6 E 3 (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law,it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C.§874, 40 U.S.C. §3145,and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$100,000 and involves the employment of mechanics or laborers,then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract that exceeds$150,000,then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387),and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). 24 1 6 E 3 (30)SUSPENSION AND DEBARMENT If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R.§ 180.995),or its affiliates(defined at 2 C.F.R.§ 180.905)are excluded (defined at 2 C.F.R. § 180.940)or disqualified(defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C,F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R.pt.3000,subpart C, in addition to remedies available to the Division,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C.§ 1352(as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant,or any other award covered by 31 U.S.C. §1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 25 16E3 (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES.WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient,with the funds authorized by this Agreement,seeks to procure goods or services,then, in accordance with 2 C.F.R. §200,321,the Sub-Recipient shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;and vi. Requiring the prime contractor,if subcontracts are to be let,to take the affirmative steps listed in paragraphs i.through v.of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The"socioeconomic contracting"requirement outlines the affirmative steps that the Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures(e.g."project splitting"). (33)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 26 1 6 E 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT; Collier CO NTY / By: ' ice/ 1' Name a d Title: William L.McDanie,Jr. Chairman Date: "IID Pi FID# 59-6000558 ATTE �tat'r.I<i n 4Prk SrApproved as to Form an•�egality � Gni 4e `Cle' ` -. I JenniferWO flet. t0,14,e ill S A. Belpe. . Assistant County Attorney Ig STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: rIVI/ 4:74.420,00440.4te I3s c Name and T' .Jared Moskowitz.Division Director Date: 8 d )6, —, 7-d/9 27 1 6 E 3 EXHIBIT-1 I. FEDERAL RESOURCES AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: NOTE:If the resources awarded to the Sub-Recipient are from more than one Federal program,provide the same information shown below for each Federal program and show total Federal resources awarded. II. FEDERAL PROGRAM Federal agency: Department of Homeland Security(OHS), Federal Emergency Management Agency (FEMA),Grant Programs Directorate (GPD) Assistance Listings Number(formerly Catalog of Federal Domestic Assistance Number):97.042 Notice of Funding Opportunity Title: Emergency Management Performance Grants NOFO Number:DHS-19-GPD-042-04-01 Authorizing Authority for Program: Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295)(6 U.S.C.§762);the Robert T. Stafford Disaster Relief and Emergency Assistance Act,as amended(Pub. L. No. 93-288) (42 U.S.C.§§5121 et seq.);the Earthquake Hazards Reduction Act of 1977,as amended(Pub. L. No. 95-124)(42 U.S.C. §§7701 et seq.);and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90- 448)(42 U.S.C. §§4001 et seq.). Appropriation Authority for Program: Department of Homeland Security Appropriations Act,2019 (Pub. L. No. 116-6) Award amount: $ $108.299.00 III. COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program: List applicable compliance requirements as follows: 1. 2 C.F.R.200, Uniform Administrative Requirements for Federal Grants 2. Chapter 252, Florida Statutes 3. Fiscal Year 2019 Notice of Funding Opportunity 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. 28 1 6 E 3 ATTACHMENT A PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant is intended for use by the Sub-Recipient to perform eligible activities as identified in the Fiscal Year 2019 Notice of Funding Opportunity(NOFO) and must be consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes. The"Proposed Program Budget Detail Worksheet"serves as a guide for both the Sub-Recipient and the Division during the performance of the tasks outlined in the Scope of Work(Attachment B). Prior to execution of this Agreement,the Sub-Recipient shall complete the"Proposed Program Budget Detail Worksheet"listed below. If the Sub-Recipient fails to complete the"Proposed Program Budget Detail Worksheet",then the Division shall not execute this Agreement. After execution of this Agreement,the Sub-Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Sub-Recipient changes the"Proposed Program Budget Detail Worksheet',then the Sub-Recipient's quarterly report must include an updated"Proposed Program Budget Detail Worksheet"to reflect current expenditures. Grant Recipient Agency Category Amount Allocated Planning 24,000 FY 2019-2020 Emergency COLLIER COUNTY Organization Management Performance Grant Equipment 74,299 Training 10,000 Exercise Management&Administration (Up to 5%of total award) Total Award $108,299 I6E3 FY 2019-2020 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET-ELIGIBLE ACTIVITIES (Not limited to activities below) Allowable Planning Costs Quantity Unit Cost Total Cost Development of Emergency Plans—Hazards Analysis 1 24,000 24,000 Consultant. Salaries Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $24,000 Allowable Organization Costs Quantity Unit Cost Total Cost Salaries Utilities(electric,water and sewage) Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Laptops 04HW-01-INHW 10 2,600 26,000 Cybersecurity enhancement equipment Interoperable communications equipment Portable Radios XG-75 06CP-01-PORT 5 4,000 20,000 Detection Equipment Power equipment CBRNE Reference Materials c 1 6 E3 CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Portable AC for shelters 19SS-00-SHEN 1 22,000 22,000 Carts for transporting equipment 19MH-00-CART 2 649.50 1,299 Other authorized equipment costs 21 GN-00-OCEQ-EOC equipment&supplies (provide description of EOC equipment&supplies)Furniture 1 5,000 5,000 for EOC TOTAL EQUIPMENT EXPENDITURES $74,299 Allowable Training Costs Quantity Unit Cost Total Cost Salaries Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel 10 1,000 10,000 Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $10,000 Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits—Hiring of contractors or consultants Design,Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs quantity Unit Cost Total Cost (Up to 5%of total award) Salaries and Fringe Benefits 1 6 E 3 TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $108,299 REVISION DATE: 1 6 E 3 ATTACHMENT B SCOPE OF WORK The Emergency Management Performance Grant(EMPG)subgrant agreement authorizes reimbursement for eligible activities as identified in the Fiscal Year 2019 Notice of Funding Opportunity (NOFO). FY2019 allowable costs are divided into the following categories: • Planning; • Organization; • Equipment; • Training; • Exercise; and, • Management and Administration. Eligible activities are outlined in Allowable Costs and Eligible Activities. The EMPG's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection,Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State and Local Comprehensive Emergency Management Plans and Chapter 252, Florida Statutes. 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 Sub-Recipient certifies that it will use these funds to enhance the county's Emergency Management Program. 33 16E3 Tasks&Deliverables: The Sub-Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks(Form1 B)will need to be provided each quarter to show completion or working towards the completion of each task. Quarterly deliverables must be uploaded into the Division's SharePoint portal at https://portal.floridadisaster.orq each quarter as stated in the scope of work.The Sub-Recipient must also provide a certification of completion on the deliverable checklist. 1. Match. Throughout the period of performance for this Agreement,the Sub-Recipient shall use non- Federal funds to match dollar for dollar all funds provided under this Agreement. Deliverables (due each quarter): • Provide Quarterly Match Form 3A to identify the non-federal match amount; • Supporting documentation is required if the federal obligation exceeds the EMPA award amount or using local funds to satisfy the match requirement. If using EMPA as match no additional supporting documentation is required. Supporting documentation must include invoices, receipts, paystubs,earning statements,cancelled checks,credit card statements, bank statements for proof of payment at least equal to the amount of reimbursement requested for that quarter. 2. Validating Capabilities-National Incident Management System(NIMS). All EMPG-funded personnel shall complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute(EMI)or at a sponsored state, local,tribal,territorial, regional or other designated location. Further information on the National Emergency Management Basic Academy and the Emergency Management Professional Program can be found at: https://training.fema.gov/emppl. Previous versions of the IS courses meet the NIMS training requirement.A complete list of Independent Study Program Courses may be found at http://traininq.fema.gov/is. In addition to training activities aligned to and addressed in the Training and Exercise Plan(TEP),all EMPG funded personnel must complete the following training requirements and record proof of completion: NIMS Training, Independent Study(IS)-100(any version), IS-200(any version), IS-700(any version), and IS-800(any version),and Professional Development Series(PDS)or the Emergency Management Professionals Program (EMPP) Basic Academy Deliverable(due each quarter): • The FDEM Form 4-Staffing Detail for all funded EMPG personnel; • Position descriptions for funded EMPG personnel and any position being used as match; • Training certificates for funded EMPG personnel listed on the FDEM Form 4—Staffing Detail. If certificates are uploaded into SERT TRAC,the Grant Manager will request a copy of the transcript from the Training and Exercise Unit(T&E). NOTE: For quarters 2, 3,and 4,additional course completion documentation is required only if: • New personnel are listed on the Staffing Detail Form. 34 16E3 3. Training and Exercises. The Sub-Recipient shall develop and maintain a Multi-Year Training and Exercise Plan(MYTEP)that identifies a combination of exercises and associated training requirements that address priorities identified in the TEPW and builds from training gaps identified in the county assessment process. Training activities must enhance the capabilities of emergency management personnel, including establishing,supporting,conducting,and attending training deliveries. Training activities should align to a current, MYTEP developed through an annual Training and Exercise Plan Workshop(TEPW) and should reflect efforts to address training capabilities gaps. Exercises play a vital role in national preparedness by enabling whole community stakeholders to test and validate plans and capabilities, and identify both capability gaps and areas for improvement. Exercises also test capabilities,familiarize emergency management personnel with roles and responsibilities, and foster meaningful interaction and communication across organizations. Exercises bring together and strengthen the whole community in its efforts to prevent,protect against, mitigate, respond to, and recover from all hazards. Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current, Multi-Year TEP developed through an annual TEPW. Deliverables: • Provide the percentage of completed training and exercise activities listed on the current MYTEP(due each quarter); • Update the County 2021-2023 MYTEP by April 30,2020(due 4th quarter); • Provide sign in sheet or certificate of participation in at least three(3)exercises for funded EMPG personnel during the period of performance(due 2"through 4th quarter) 4. Inventory Management-Distribution Management Plan. All EMPG Sub-Recipients must provide an Inventory Management component to the Division's Distribution Management Plan to include the identification of resources including commodities,equipment and supplies in the event of a disaster. Section 252.35(2)(g), Florida Statutes, requires the Division to: • Ascertain the requirements of the state and its political subdivisions for supplies and equipment of all kinds in the event of a disaster;and • Plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability. Completion of this requirement ensures statewide resource requirements are identified. Deliverable(due 4th quarter): • Provide an inventory list of resources on the Logistics Distribution Inventory Management form.All fields must be completed, items must be"typed"appropriately,and physical location recorded.The Logistics Distribution Inventory Management form can be located in the Division's SharePoint portal. 35 1 6 E3 ATTACHMENT C ALLOWABE COSTS AND ELIGIBLE ACTIVITIES I. Categories and Eligible Activities The 2019 EMPG Funding Guidance allowable costs are divided into the following categories: planning,organization,equipment,training,exercise,and management and administration. Allowable Costs A. 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 state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include,but not limited to: • Emergency Operation Plans • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans • Local.Comprehensive Emergency Management Planning Planning Costs Supporting Documentation: Provide copies of completed plan,contracts, Memorandum of Understanding or agreements with consultants or sub-contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning statements,payroll expenditure reports). Copies of invoices, receipts and cancelled checks,credit card statements,bank statements for proof of payment. B. Organization EMPG Program funds may be used for all-hazards emergency management operations,staffing, and other day-to-day activities in support of emergency management. Personnel costs, including salary, overtime and backfill, compensatory time off, and associated fringe benefits, are allowable costs with EMPG Program funds.These costs must comply with 2 C.F.R. Part 200, Subpart E—Cost Principles. Eligible"Organization Cost"items include, but are not limited to: • Salaries and Fringe Benefits-provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6-Time and Effort and proof employee was paid(paystubs,earning statements,and payroll expenditure reports). • Utilities(electric,water and sewage) • Service/Maintenance agreements(provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials 36 16E3 • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/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. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center(Need prior EHP approval) • Central Heat/Air(Need prior EHP approval) • Out buildings for storage of Emergency Management Equipment(Need prior EHP approval) • Security Improvements(i.e. Cameras and equipment to operate) • Generators and Installation(Need prior EHP approval) Maintenance and Sustainment The use of FEMA preparedness grants funds for maintenance contracts,warranties, repair or replacement costs, upgrades,and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent,protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub-Recipients the ability to meet this objective,the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS;FEMA Grant Funding)allows for the expansion of eligible maintenance and sustainment costs,which must be in: (1)direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program;(3) be tied to one of the core capabilities in the five mission areas contained within the Goal,and(4)shareable through the EMAC.Additionally,eligible costs may also be in support of equipment,training,and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars.Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.00v/media-library/assets/documents/32474. Organization Costs Supporting Documentation: For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6- Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). Expense items need to have copies of invoices,receipts and cancelled checks,credit card statements, bank statements for proof of payment.All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). The Quarterly Tasks(Form 1 B)is due every quarter with the quarterly financial report. This is to identify emergency management personnel,all EMPG funded employees and the completion of the required tasks and deliverables as outlined in the scope of work during the agreement period. 37 �=J 1 6 E 3 C. Equipment Allowable equipment categories for the EMPG Program are listed on the web-based version of the Authorized Equipment List(AEL)at https://www.fema.00v/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition,agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment(PPE)(Category 1) • Information Technology(Category 4) • Cybersecurity Enhancement Equipment(Category 5) • Interoperable Communications Equipment(Category 6) • Detection Equipment(Category 7) • Power Equipment(Category 10) • Chemical,Biological, Radiological, Nuclear,and Explosive(CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles(Category 12) • Physical Security Enhancement Equipment(Category 14) • CBRNE Logistical Support Equipment(Category 19) • Other Authorized Equipment(Category 21) In addition to the above,general purpose vehicles are allowed to be procured in order to carry out the responsibilities of the EMPG Program. If Sub-Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub-Recipients should analyze the cost benefits of purchasing versus leasing equipment,especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§200.310,200.313,and 200.316. Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System(SUAS) must comply with Information Bulletin(IB)426 and must include the policies and procedures in place to safeguard individuals' privacy,civil rights,and civil liberties in the jurisdiction that will purchase,take title to,or otherwise use the SUAS equipment. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products,water, and basic medical supplies—are an allowable expense under EMPG. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes.The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over$100,000. Equipment Acquisition Costs Supporting Documentation: Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. Provide the Authorized Equipment List(AEL)#for each equipment purchase. D. Training EMPG Program funds may be used for a range of emergency management-related training activities to enhance the capabilities of local emergency management personnel through the establishment, support,conduct,and attendance of training. Training activities should align to a current, Multi-Year TEP developed through an annual TEPW.Training should foster the development of a community 38 1 6 E 3 oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the TEP,all EMPG-funded personnel(including full-and part- time state, local,tribal and territorial(SLTT)recipients and subrecipients)shall complete the following training requirements and record proof of completion: (1) NIMS Training, Independent Study(IS)-100(any version), IS-200(any version), IS-700(any version),and IS-800 (any version)AND; (2) Professional Development Series(PDS)OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Basic Academy Professional Development Series Basic Academy Pre-requisites and Courses IS-120.a An Introduction to Exercises IS-100(any version)Introduction to the Incident Command System IS-230.d Fundamentals of Emergency IS-700(any version)National Incident Management Management System(NIMS)-An Introduction IS-235.b Emergency Planning IS-800(any version)National Response OR Framework,An Introduction IS-240.b Leadership and Influence IS-230.d Fundamentals of Emergency Management IS-241.b Decision Making and E/L101 Foundations of Emergency Problem Solving Management IS-242.b Effective Communication E/L102 Science of Disasters E/L103 Planning Emergency Operations IS-244.b Developing and Managing Volunteers E/L104 Exercise Design E/L105 Public Information&Warning Additional types of training or training related activities include,but are not limited to,the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute(EMI)training or delivering EMI train-the-trainer courses • Attending other FEMA-approved emergency management training 39 1 6 E 3 • State-approved,locally-sponsored CERT training • Mass evacuation training at local, state,and tribal levels Allowable training-related costs include the following: • Develop, Deliver, and Evaluate Training.This includes costs related to administering the training: planning,scheduling,facilities,materials and supplies, reproduction of materials,and equipment.Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills.Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the 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 Analyze, Design, Develop, Implement and Evaluate(ADDIE)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 FEMA and/or approved training courses and programs are allowable.These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s)of local government and has the approval of the state or FEMA,whichever is applicable. In no case is dual compensation allowable.That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e.g., 1:00 p.m.to 5:00 p.m.), even though such work may benefit both activities. • Travel.Travel costs(e.g., airfare, mileage,per diem,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 or FEMA,whichever is applicable. • 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. When conducting a training,the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the FDEM State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants,then the Division must reduce the amount authorized for reimbursement on a pro- rata basis for any training with less than 15 participants. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R.§200.432 defines the term conference as"a meeting, retreat, seminar,symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non-Federal entity and is necessary and reasonable for successful performance under the Federal award." 40 I6E3 Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: [T]he coming together of persons with a common interest or interests for the purpose of deliberation,interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study,discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. In order for travel to a conference or convention to qualify for reimbursement,the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement,travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code,states"No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code,conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy;and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee,the meal allowance must be deducted from the reimbursement claim,even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes("No one,whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state."). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However,in the case where a meal is provided by a hotel or airline,the traveler shall be allowed to claim the meal allowance provided by law. 41 I6E3 Class A,Class B,and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day(midnight to midnight). • Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes,establishes the meal allowance for each meal during a travel period as follows: • $6 for breakfast(when travel begins before 6 a.m.and extends beyond 8 a.m.); • $11 for lunch(when travel begins before 12 noon and extends beyond 2 p.m.); and, • $19 for dinner(When travel begins before 6 p.m. and extends beyond 8 p.m.or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: • The authorized per diem for each day of travel;or, • If actual expenses exceed the allowable per diem,the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six-hour periods(quarters)beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed$20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates: The Division shall not reimburse for any meal allowance that exceeds$6 for breakfast,$11 for lunch,or$19 for dinner unless: • For counties—the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy(in other words,the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration("GSA")for that locale(see https://www.gsa.gov/portal/content/104877). Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles(one- way)of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. Absent prior approval from the Division,the cost of any hotel accommodation shall not exceed$150 per night. 42 1 6 E 3 Training Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements with consultants or sub-contractors providing services. Copies of invoices, receipts and cancelled checks,credit card statements and bank statements for proof of payment and a copy of the agenda, certificates and sign in rosters(if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPG activities,copies of all receipts must be submitted (i.e.,airfare,proof of mileage, toll receipts, hotel receipts, car rental receipts,etc.) Receipts must be itemized and match the dates of travel/conference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the Sub- 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 Sub- Recipient must provide documentation that:The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy;and participation of the individual in the travel is necessary to the Federal award. E. Exercises Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current, Multi-Year Training and Exercise Plan (MYTEP)developed through an annual Training and Exercise Planning Workshop(TEPW). Allowable exercise-related costs include: • 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. Sub-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 or FEMA,whichever is applicable.The services of contractors/consultants may also be procured to support the design, development,conduct and evaluation of exercises. • Overtime and Backfill.The entire amount of overtime costs,including payments related to backfilling personnel,which are the direct result of time spent on the design,development and conduct of exercises are allowable expenses.These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s)of local government and has the approval of the state or FEMA,whichever is applicable. In no case is dual compensation allowable.That is,an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e.g., 1:00 p.m.to 5:00 p.m.), even though such work may benefit both activities. • Travel.Travel costs(e.g., airfare, mileage, per diem, hotel)are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • 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). 43 1 6 E 3 • 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.Sub-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. When conducting an exercise that shall include meals for the attendees,the recipient shall submit a request for approval to the Division at least twenty-five(25)days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise,agenda,number of attendees, and costs of meals. 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 Exercise Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements with consultants or sub-contractors providing services. Copies of invoices,receipts and cancelled checks,credit card statements and bank statements for proof of payment and a copy of Exercise Plan (EXPLAN),After-Action Report/Improvement Plan(AAR/IP)and sign in sheets for conducted exercises(if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds,such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation: For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6-Time and Effort and proof employee was paid (paystubs,earning statements,and payroll expenditure reports). Costs for M&A activities are allowed up to 5%of the total award amount. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R.§200.414. With the exception of Sub-Recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. §200.414(f), Sub-Recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award.A copy of the approved rate(a fully executed,agreement negotiated with the applicant's cognizant federal agency)is required at the time of application,and must be provided to FEMA before indirect costs are charged to the award. 44 1 6 E3 I. Construction and Renovation Construction and renovation projects for a state, local,territorial, or Tribal government's principal Emergency Operations Center(EOC)as defined by the SAA are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (located in the Related Documents tab of the EMPG grants.gov posting)to their Regional EMPG Manager for review.Additionally, recipients are required to submit a SF-424C Form and Budget detail citing the project costs. When applying for funds to construct communication towers Sub-Recipients must submit evidence that the Federal Communication Commission's(FCC)Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review.Sub-Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding(e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects,compliance with all state and EHP laws and requirements). Projects for which the Sub-Recipient believes an Environmental Assessment(EA)may be needed,as defined in as defined in DHS Instruction Manual 023-01-001-01, Revision 01. FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to gpdehpinfoefema.gov. EMPG Program Sub-Recipients using funds for construction projects must comply with the Davis- Bacon Act(40 U.S.C.§§3141 et seq.). Grant Sub-Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed.Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor(DOL)wage determinations, is available from the following website: https://www.dol.gov/whd/govcontracts/dbra.htm Unallowable Costs • Unallowable Equipment:Grant funds must comply with IB 426 and may not be used for the purchase of the following equipment:firearms,ammunition, grenade launchers, bayonets,or weaponized aircraft,vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities and projects unrelated to the completion and implementation of the EMPG Program In general, Sub-Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. II. Environmental Planning and Historic Preservation(EHP)Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency,including grants- funded projects,comply with federal EHP regulations, laws and Executive Orders as applicable.Sub- Recipients proposing projects that have the potential to impact the environment,including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process.The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting 45 1 b E3 documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process.The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally,all Sub-Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy#108-023-1.The EHP screening form is located https://www.fema.gov/media- Preparedness Grants Manual I April 2019 Page 19 library/assets/documents/90195, and further EHP guidance can be found at httos://www.fema.gov/media-library/assets/documents/118323. Procurement All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, may result in the following penalty: • A 10%reduction of the overall amount authorized by this Agreement. The Division shall apply the penalty each quarter during which the Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed;and,each penalty shall be applied cumulatively. If, because of circumstances beyond the Recipient's control,the Recipient is unable to successfully perform a task required by this Agreement,then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient,then the Division will consider waiving the imposition of a financial consequence. 46 C I 6 E 3 ATTACHMENT D QUARTERLY REPORTS Sub-Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than thirty(30)days after the end of each quarter of the program year;and must 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. Reporting Period Report due to FDEM no later than July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 The Sub-Recipient shall provide the Division with full support documentation for the quarterly financial reports. A. The Quarterly Tasks Form 1B is due with your quarterly financial report each quarter. This form identifies the required tasks and deliverables as outlined in the scope of work and identifies funded EMPG personnel during the agreement period. B. The Quarterly Match Form(Form 3A) is due each quarter for Sub-Recipients to identify funds being used to match the federal obligation. If the federal obligation exceeds EMPA or using local funds supporting documentation is required.The Sub-Recipient must identify the non-federal match on Form 3A and provide supporting documentation if applicable(i.e. invoices,cancelled checks,earning statements, payroll expense reports, credit card statements, bank statements, etc.). Cost-matching requirements must be in accordance with 2 C.F.R.200.306.To meet matching requirements, the Sub-Recipient contributions must be verifiable, reasonable, allowable,allocable,and necessary under the grant program and must comply with all Federal requirements and regulations. C. The final Close Out report is due sixty(60)days after termination of this Agreement. Federal funds provided under this agreement shall be matched by the Sub-Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However,if your EMPG funds exceed EMPA,or if you are not using EMPA for match,the appropriate back-up/supporting documentation needs to be provided(i.e. invoices, canceled checks, earning statements, payroll expense reports, credit card statements, bank statements). 47 1bE3 D. Programmatic Point of Contact: Contractual Point of Contact Programmatic Point of Contact Newarsa Edwards Karen Lyons FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850)815-4340 (850)815-4325 Newarsa.Edwards@em.myflorida.com Karen.Lyons@em.myflorida.com 48 crit 16E3 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: If you are requesting an advance,indicate same by checking the box below. [ ]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 (list applicable line items) of 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) 49 1 6 E 3 ATTACHMENT F Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-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 Sub-Recipient's subcontractor is unable to certify to the above statement,the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub-Recipients Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 50 O VJ 1 6 E3 ATTACHMENT G WARRANTIES AND REPRESENTATIONS Financial Management The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards(2 C.F.R. §§200.317 through 200.326). Business Hours The Sub-Recipient shall have its offices open for business,with the entrance door open to the public,and at least one employee on site,from: 8:00AM to 5:00PM M-F Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. 51 Va 1 6 E 3 ATTACHMENT H STATEMENT OF ASSURANCES The Sub-Recipient hereby assures and certifies compliance with all Federal statutes,regulations,policies, guidelines and requirements,including 2 C.F.R. Part 200; E,O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,Common rule,that govern the application,acceptance and use of Federal funds for this federally-assisted project.Also the Applicant assures and certifies that: 1.It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants.(5 USC 1501,et.seq.) 3.It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is a gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business,or other ties. 5. It will give the sponsoring agency or the Comptroller General,through any authorized representative,access to and the right to examine all records,books, papers,or documents related to the grant. 6.It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law,program requirements,and other administrative requirements. 7. It will ensure that the facilities under its ownership,lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat.975,approved December 31, 1976,Section 102(a) requires,on and after March 2, 1975,the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance"includes any form of loan,grant,guaranty,insurance payment,rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470), Executive Order 11593,and the Archeological and Historical Preservation Act of 1966(16 USC 569a-1 et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of Investigations,as necessary,to identify properties listed in or eligible for 52 1 6 E 3 inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 CFR Part 800.8) by the activity,and notifying the Federal grantor agency of the existence of any such properties and by(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply,and assure the compliance of all its sub-recipients and contractors,with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,the Juvenile Justice and Delinquency Prevention Act,or the Victims of Crime Act, as appropriate;the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1;and all other applicable Federal laws,orders,circulars,or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,Administrative Review Procedure;Part 20,Criminal Justice Information Systems; Part 22,Confidentiality of Identifiable Research and Statistical Information; Part 23,Criminal Intelligence Systems Operating Policies; Part 30,Intergovernmental Review of Department of Justice Programs and Activities;Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures;Part 61, Procedures for Implementing the National Environmental Policy Act;Part 63, Floodplain Management and Wetland Protection Procedures;and Federal laws or regulations applicable to Federal Assistance Programs. 12.It will comply, and all its contractors will comply,with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,42 USC 3789(d),or Victims of Crime Act(as appropriate);Title VI of the Civil Rights Act of 1964, as amended;Section 504 of the Rehabilitation Act of 1973, as amended;Subtitle A,Title II of the Americans with Disabilities Act(ADA)(1990);Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975;Department of Justice Non-Discrimination Regulations,28 CFR Part 42,Subparts C,D,E,and G;and Department of Justice regulations on disability discrimination,28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race,color,religion, national origin,sex,or disability against a Sub-Recipient of funds,the Sub-Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one,where the application is for$500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L.97-348)dated October 19, 1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-Free Workplace Act of 1988,and implemented at 28 CFR Part 67, Subpart F,for grantees,as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 53 Ova 16E3 ATTACHMENT I MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 54 ov:) 1 6 E3 OMB tdance Pt.200,App.11 (Dl Dacia-Bacon Act.as amended 1.40 U.S.C, matorials or articles ordinarily available on 2t41a14e1.Whin required by Federal program the open market,or contracts for tran:ior- legirlatlon,all prime=stoma=rontmoiu tattoo or transmission of intelligence. in excess of 52,000 awarded by non-Federal (P) Rights to Inventions Made Under a entitles must include a proviolon for oomph- Contrast or Agreement,if the Federal award once with the Davis-Baton Act (40 U.S.C. meets the definition of`funding alrreereent" 3141-814'1.and 21464146)as supplemented by under 37 CFR I401.2(a)and the recipient or Dopartment of Labor regulations(20 OFR eubrecipiont wishos to enter Into a contract Part a, "Labor Standards Provisions Appli- with a small business firm or nonprofit orga- cable to Con:rat:s Covering Federally Fi- nization regarding the substitution of par- sauced and Aosaated Caastrooion"),in ao- Cres, assignment or performance of eaperl- cordanuu with the statute,contractors mast mental. developmental, or search work ha regnirod to pay wages to labororsand mo- under that"funding agreement,"the rocipb- chanics at a rate not less than the prevailing out or aubreclplent most comply with the re- wages speceled In a wags determination quirements of 31 CFR Part 401,"Rights to In- made by the Secretary of Labor.In addition, vention3 Made by Nonprofit Organizations contractor.:must be inquired to pay wages and Small Bualnsts Firms Under Govern- not hen,than once a week.The non-Federal mart Grants, Contracts and Cooperative on:atlir must place a copy of the cu rete pia- Agreements,"and any implementaag rmfula- saillne wage dctarmmatton lamed by the De- tions issued by the awarding agency, partment of labor In each solicitation.The (0)Clean Air Act 142(i.S.C.4401-7671q,)and decision to award a contract or subcontract the Federal Water Pollution Control Aot(33 mu..t be coniltioned upon the acceptance of U.S.C.1251-1304),as amended—Contracts and the wage determination_The non-Pedetal en- eubgranL of amounts to acts at$180,000 arty moat repot,all suspected or reported moot contain a provision that requires the violations to the Federal awarding agency. non-Federal sword to agree to comply with Tho contracts mast alto Include a provision all applicable standards. orders or regula- tor compliance with the Copeland "Anti- tions ta:uad pursuant to the Clean Air Act Kickback" Act 140 U.S.C. 8148).3s supple- (42 U.S.C.7401-10fiq)and the Fodoral Water monicd by Depaitniont of labor regulations Pollution Control Act as amended(33 U.S,C, (20 OFR Part 2. "Contractors and Sub- 1251-1384)•Violattom must be reported to the oontractors on Public Betlding or Public Federal awarding agency and the Regional Work Financed in Whole or In Part by Loaves Office of the Environmental Protection or Grants hem the United Station.The Act Monica,(EPA). provides that each contractor or sub- Ilii Mandatory _taailards and policies ro- racipient must be prohit bell(tom inducing, lathe to energy efficiency which are con- bp any means,any person employed in the turned in the Mato energy conservation plan construcilon.completion.or repair of public lusuel In compliance with the Energy Pu-Icy work, to give up any part of the iompena- and Cimservati on Act(42 C.S.C.6201). tion to which he or she is otherwise tn,dtled. CI)Debarment and Suspension (Executive The non-Federal entity must report all amu;- Dialers 12910 and 12000)—A contract award petted oa'mortal violations to the Federal (see 2 CFR 180.230)must not be made to par- awarding agency. ties listed on the governmentwlde Excludai (E) Contract Work Hours and Barbar Parties List System in the System for Award Standards Act (40 U.S.C. 31111-2700). Where Management(SAM),in accordance with aha applicable,ail contracts awarded by the non- OMB guidelines at I CFR 100 that implement Federal entity in excess of 0100.000 that in- Executive Orders 12540 (3 CFR Part 1006 valve the employment of mechanics or labor- Comp.. p. 199) and 13680 (8 CFR Part 1989 era must include a provision for compliance Comp..p.235),"Dobarmaotanti SuspeuiIo :" with 40 U.S.C.8702 and 3704,a_;supplemented The Exoluded Parties List System in SAM by Department of labor regn:stions 120 CFR contains the elm is of parties debarred,sus. Part at.Under 40 U.S.C.3703 of the Act,each omitted,or otherwise excluded by agenalae*as contractor must be required to compute the well as parties declared nioligible under slut- wagtxr of every mechanic and labor,'r on the obey or regulatory authority other than Sa- lmis of a standard work wank of 40 hours. eoutavo Order 12840. Work Ir_ezco.a of the standard work wok is (J) Byrd Anti-Lobbying. Amendment till pormis:ahle provider that the worker Is cam- COLO.13'0.?.--Contractors that apply or bid panni?ed at a rate of not leas than ore ani a for an award cf£100,1100 or more must file the half times the basic rare of pay for all hours required Certification,Fath tor certifies to worked in moos of 40 hours in Uri work the tier above that tt will not and has not wank.The requirements of 40 U.S.C.2701 are lord:Pedrral appropriatrol(hods to pay any applicable to construction work and provide parson or organisation for infloonoing or at, that no laborer or me-hamo must be ri- tempting to influenc an officer or omployco icer working oomdrttans which surroundingsonad to work in unsanitary, or employeeloof Congre,or, member of an employee of a hazardous or datgrrous,These regnirem_nts member of Congress in eo-lnaction with oh- do not apply to the purchase.:of supplies or raining any Valera]contract,grant or any 195 55 1 b E3 Pi.200,App.iII 2 CFR Ch.11(1-1-14 Edition) other award covered by 31 U.S.O.1352.Each (1)Sponsored red research means all research tier must also disclose any lobbying with and development ac'ivitiec that are spon- non-Fedoral funds that tikes place ra con- sewed by Federal and non-Federal agunoles nation with obtntnine any Federal award, and oreanlzatiens.This term imolndes aetiel- Sach disclosures are forwarded burn tier to ties Invdvine the training-of Individuals in Nor rip to the non-Federal award. research techniques (commonly called ra- (K)See¢3.70.322 Procurement of i000vered search training)where.ash rativ tea utilize materials. the same facilities as other research and de- velopment activities and share such scttvi- APPErmIx Ill To PART `SNI--INDIRECT ties are not included in the instruction funo- (F&A) Coal's ID NT1F10ATION AND tion. ASSIGNMENT,AND RATS Dlnritxii7Na- (2) University research means aft research TION TOE INSTITUTIONS OF IISURSR anal dcvadopm ons activities that are :ara- f,DUCAT1ON(IHEs) retell budgeted awl auaouritid for by the'0- atltuuou ander an Internal application of In- A.flr.NRaAI. stitntional funds. (Intvciaity- research, for and computing Indirect (or indirect Clued Tine appendix provider crttarin for nterW- Dg rec es of this document, must be con iiyyinlyingned wtih sponsored research wider the (lr&&A))rates at tines{mstrnuons).Indirect function of orgrnized research, (F&A)costs aro them that are tncurrod for c-Olhcr aoonsored a4111119-3.11121413 programs common or joint objectives and therefore and projeota Unlaced by Federal and nen- cannot be identified readily and sperafoalty Federal agonciea and organlrablens which tn- wf'b a partuular rponaaoreci progect,an In valve the performance of work other than in- structlortaI activity, or any other lnstito- atruct on and organized research ldxamxpies trona'activity. See sat-section 11.1, Define- of such programs and projects are health tem or Faallittas and Administration.for a service projects and umninunity nervier pro- disoussion of the components of indirect grains.Ftcwovor,when any of these activities (F&e)003tS. are undertaken by the institution without anted*support, they may be classified as 1.Major Faacdana of an fnsiuutret other lnchtauenal activttlec. Refers to instrucdSan. nrgantrod reeas.rcli, d Other(MWuttoeef etaal"az inesan all w- ether sponsored activities and other lnstitu- reathe;of an inetitutten except for Instrue tlonal activities as defined ins is seatios tion, departmental research. organized ze- a. lnstru ziee nears the teaching and search,and other sponsored weed ties.as de- Valuing actevltles or an Institution,La'rept fined in this section:ladfraat(F&A)cost au- fur sfor rasmanub „sluing as provided in sub- tivltis identified in this Appendix pant- section b,this term includes all Wackiest and graph B.I leutiflcatioo mad assignment of in- traininngg aetivttdes,vhethee'they are offered direct(Fara)costs:and specialized services for creditd toward a degree or certificate or ratlle4e doacrftwd 1n 4°1 9penaltred on a non-credit haws..and whether they are arrolco Is tit1 les of this art. oflsrocl through regular academic dopolt- Examples of other institutional activities menta or separate divi atone,such as a:um- in:ludo operation of residence halls,dining new wheal division or an extension Meister'. halls.hospitals and chinos,student unions, Also uoasidku'ed part of this major puncher intercollegiate athletics.bookstores,Vacuity are departmental research, end. where housing, student apartments.guest houses. agree•1 to,university research. chapels,theater;public museums.and other (.1).Sp nsersl tastrucituA and trarafne imams simtlarauxiliary enterprises.This,definition speetlie Inatavetlunal or trauma activity es- ai:o lmclutles any other categories of aotivl- fabllsbelby grant.contract,or cooperative tics casts of which are "unallowable" to agraamient. For purposes of Lha curt prtn- Federal awards, urleas otherwise Indicated ctple. this asitenty may be considered a loan award. major function oven thougY an institution's L L:ritertct JurDaertbacton ac000sting treatment may'aotude It in the instruction fear:ion_ a. Vase period.A baja period ibr diatribe- (2) iatribe(2) Deparfr,iearel research means m'ea.rete tem of Indirect.(FBA) costs is the period deenlopment and scholarly activities that daring which the costs are sneerrrd. The are not organized rrsearah and, eon- base period normally should coincide with solemnly,.are not separately budgeted and the fiscal year eatabltshed by the matttatlon, accounted for, Departmental research, for hut to axis event the base period should be so purposes of ens document,is not considered seloreed as to avoid inequities in the Ills- as a major function,bat as a part of the in- tributign of costs, amoebae function of the institution. b,Need for cosi ymmtsytnga.The overall ab- b, Ornantled research measa all research fictive or the indirect(P&A}cost allo..atloa and developrneet activities of an in:titatlon process is to distribute the Indirait{F&A) that are separately budgeted ani accounted costs dravcrlbed in Section B,Identification for.It includes: and asnigninont of Indirect(F&A)ens n, to 196 56