Agenda 05/12/2020 Item #16E 5 (Emergency Mgmt. Grant Modification)05/12/2020
EXECUTIVE SUMMARY
Recommendation to approve Modification #1 to Emergency Management Performance Grant
(EMPG) Agreement G0042 with the Florida Division of Emergency Management to allow for an
extension of 90 days to the period of performance.
OBJECTIVE: To enable the County to fully execute the terms of agreement for the existing EMPG
Agreement G0042.
CONSIDERATIONS: On September 10, 2019 (Agenda Item 16E3), the Board approved EMPG
Agreement G0042. EMPG Agreement G0042 provided federal funds, through the Florida Division of
Emergency Management (FDEM), to Collier County to prepare for all hazards as authorized by the Post
Katrina Emergency Management Reform Act and Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
Executive Order 20-51 dated March 1, 2020, declared a public health emergency for the State of Florida
in response to Coronavirus-19 (COVID-19). A Federal declaration (DR4486) was issued by the Federal
Emergency Management Agency (FEMA) for all 67 counties in Florida for respon se to COVID-19. The
State of Florida along with all political subdivisions are currently responding to COVID -19 to ensure the
safety of its citizens.
The modification to this Agreement extends the period of performance from June 30, 2020 to September
30, 2020, which will allow the County to receive and process expenditures related to the probable delays
in receiving ordered supplies and equipment as a result of the current emergency management
environment.
FISCAL IMPACT: There is no fiscal impact associated with this action. The funds are budgeted in
Admin Service Grant Fund (703) Project 33638.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority
vote for Board action. -JAB
RECOMMENDATION: To approve Modification #1 to the EMPG Agreement G0042 with the Florida
Division of Emergency Management for a 90-day extension to the period of performance.
Prepared by: Christine Boni, Sr. Accountant, Emergency Management Division
ATTACHMENT(S)
1. Modification #1 EMPG (PDF)
2. [Linked] Fully Executed EMPG Collier County (PDF)
16.E.5
Packet Pg. 833
05/12/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.5
Doc ID: 12274
Item Summary: Recommendation to approve Modification #1 to Emergency Management
Performance Grant (EMPG) Agreement G0042 with the Florida Division of Emergency Management to
allow for an extension of 90 days to the period of performance.
Meeting Date: 05/12/2020
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
04/23/2020 4:01 PM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
04/23/2020 4:01 PM
Approved By:
Review:
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 04/23/2020 4:15 PM
Emergency Management Daniel Summers Additional Reviewer Completed 04/24/2020 1:11 PM
Grants Erica Robinson Level 2 Grants Review Completed 04/24/2020 2:19 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/27/2020 8:59 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 04/29/2020 12:10 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/29/2020 12:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/29/2020 2:02 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 04/29/2020 2:51 PM
Grants Therese Stanley Additional Reviewer Completed 05/01/2020 12:08 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/04/2020 11:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/12/2020 9:00 AM
16.E.5
Packet Pg. 834
16.E.5.a
Packet Pg. 835 Attachment: Modification #1 EMPG (12274 : EMPG Modification #1)
16.E.5.a
Packet Pg. 836 Attachment: Modification #1 EMPG (12274 : EMPG Modification #1)
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:
Sub -Recipient's unique entity identifier (DUNS):
Federal Award Identification Number (FAIN):
Collier County
076997790
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 IEMPGI
Name of Federal awarding agency:
Name of pass-through entity:
Contact information for the pass-through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and Name:
Whether the award is R&D:
Indirect cost rate for the Federal award:
The Department of Homeland
Security (DHS)
FL Division of Emergency Mgmt.
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
97.042
No (NA)
29.26%
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:
A provision specifying a scope of work that clearly establishes the tasks that
the Sub -Recipient is required to perform.
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.
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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:
payment.
I. Monitor and document Sub -Recipient performance; and,
ii. Review and document all deliverables for which the Sub -Recipient requests
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(a)-ea)
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. Summers(a-),colliercountyfl.gov
Christine. Boniacolliercountyfl.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.
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(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
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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:
The required minimum acceptable level of service to be performed; and,
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:
awards; and,
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
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-
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,
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:
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,
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
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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:
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.
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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.
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:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC
to the Federal Audit Clearinghouse by submission online at:
hftp://harvester.census.gov/fac/collect/ddeindex.htmI
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
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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
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;
Agreement;
b. Begin an appropriate legal or equitable action to enforce performance of this
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:
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
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
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:
paragraph (17) above; and,
solicitation.
Terminate this Agreement in accordance with the provisions outlined in
Refuse to reimburse the Sub -Recipient for any costs associated with that
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
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.
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:
business;
companies;
contracts;
equivalent;
Place unreasonable requirements on firms in order for them to qualify to do
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
iv. Execute noncompetitive contracts to consultants that are on retainer
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
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.
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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�`
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
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 seg. , 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:
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.
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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 em.ployment 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
activities.
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
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 maybe
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
I ��
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:
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
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
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 contractor
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
.:)0
(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. 7401-7671 q)
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
(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
(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:
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.
Attachment H.
The Sub -Recipient shall comply with any Statement of Assurances incorporated as
26
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
Collier COUNTY
BOF -J IM
Name arSd Title: =William L. McDanie�, Jr. Chairman
Date: %bo 1i q
FID# 59-6000558
ATTE 1ta1`Kin I,. rk Approved as to Form an egality
Pey,Jennifer A. Belpe
t0, 'In's Assistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ts�L
Name and T' . dared Moskowitz. Division Director
Date: 8 zGyO/J44 zely
27
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 -I9 -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
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
FY 2019-2020
Emergency
Management
Performance Grant
COLLIER COUNTY
Planning
24,000
Organization
Equipment
74,299
Training
10,000
Exercise
Management & Administration
(Up to 5% of total award)
Total Award
$40$,299
FY 2099-2020 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
Consultant.
7
24,000
24,000
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
CBRNE Incident Response Vehicles
Physical Security Enhancement Equipment
Logistics
Portable AC for shelters 19SS-00-SHEN
Carts for transporting equipment 19MH-00-CART
1
2
22,000
649.50
22,000
1,299
Other authorized equipment costs
21 GN-00-OCEQ - EOC equipment & supplies
(provide description of EOC equipment & supplies) Furniture
for EOC
1
5,000
5,000
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
L to 5% of total award
Quantity
Unit Cost
Total Cost
Salaries and Fringe Benefits
TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES
TOTAL EXPENDITURES $108,299
REVISION DATE:
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
Tasks & Deliverables:
The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period
of performance. Quarterly Tasks (Forml 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:Hportal.floridadisaster.org 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.
Validatinq Capabilities - National Incident Management System (NIMS). All EMPG-funded
personnel shall complete either the Independent Study courses identified in the Professional
Development Series orthe 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:Htraining.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://training.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
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 4t" 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 2nd through 4t" 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
ml
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
• 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:
hftp://www.fema.gov/media-libra[y/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
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..qov/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
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 Develo ment 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
E/L104 Exercise Design
Volunteers
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
• 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."
o
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
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
hftps://www.gsa.gov/r)ortal/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
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
OtherItems. 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
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
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 his://www.fema.gov/media-
Preparedness Grants Manual I April 2019 Page 19
library/assets/documents/90195, and further EHP guidance can be found at
hftlps://www.fema.gov/media-library/assets/documents/1 18323.
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
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
Aril 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 1 B 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
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
1 Karen.Lyons@em.myflorida.com
48
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 CATEGORYILINE 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
9
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
Name and Title
Street Address
City, State, Zip
Date
Sub -Recipient's Name
DEM Contract Number
Project Number
50
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:OOAM to 5:OOPM 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
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
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
ATTACHMENT
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
OMB GiAdance
,M) Davis-Rawn Act. a;: amended (40 U,s.C,
31,11-41V19), Whan required by Podarasl program
legisalaUen, all prime coustruotion eontrwiia
in excess of 52,000 awarded by cion-
Federal
entitles mast Include a provision for wintpll-
ance with the Davis -Raton Act (40 U.S,C.
3141:41.44, and 3146-31-49) a: supplemented by
Department of Labor regulations (29 OFIt
Part s, "Labor Standards Provisions Appli-
cable to Cur-xac ,s Covering Poderally Pl-
nanctd and A=ste-3 Coa.E^truuAaan"). In ao-
cordanto with the statute Contractors must
N requirod to pay wagon Co laborers and me-
chanics at a raid not less than the prevailing
wages rspectA sl in a wage detr•rmtnation
made by the Secretary of Labor, In addition,
contractor;; must be inquired to pay wu7az
not less than once a weer:- The nan-Podeml
en-at4 must place a copy of Qno cur eat pre -
Val iing wage daermmadou I,xed by the Do-
partment of Irabar in each sollQUation. The
du«salon to award a contract or ualworrtt•acL
mutat. Ira conl€tlonwl upon the accep-` iwp of
Ilio wage detarimnation- This non-Fodor•al en-
tltav muarapor. all suspected or reported
violations to the Federal awarding, agency.
The c;ontiacm magi al.:o Include a provision
for cempllarice with the Copeland "Anti -
Ki<:. back" Act 740 U.S.C. 814b1. as sulsple-
mantcd by Departnscnt of Labor regulations,
(29 CPR Parts 3, "Contract=s and Suh-
a_ontractors on Public Building; aar Public:
Wi rk Flnarcced In Mtolo or in Part by Loans
or Grants from the United gtatw, ). The Act-
provides
ctprovides that each coutrac�or or sub-
roci.pteni; must fie prohlbitawl fr¢sm Inducing.
by any means, any pcxson employe in the
construction. c.•omllletiam or repair of public
work. to -Mi up .xr,,v part of the c;mpon...a-
t<ion to which he or she is otherwise mri tled..
The non - Federal entity must report all mK-
p€rCted or reported violations to Ella Moral
awarding agency.
(F) Con'Lrract Work hours incl '.'k'afA-y
Standards Act (40 'U.S.C. 370.€-2^09). Whore
applicable, all c Eiacts awarded by the nan-
Federal sanity in excass of 5100.000 that in-
volve the empla -rent of mechanic's or labor-
ers anusts luolude a proylslon for .:otnpliaxura
with 40 U.S.C. 3'762' and 3f04, a.; supploluanted
by Department of l,aabor re~ua.stlons t29 CPR
Part: a). Undrr 4077.;3-C. 3702 of tdro Act. +taarh
contractor mast ba realutred to conipuie the
wags of evert rneabanic and labor.,r on -,be
ba2Sls Df a standard work week of 40 hours -
Work it eaco,:_i of thc: standard work w•.aek tc_
perrmis:,Ibh: providc-_1 that the workor is com-
pennnt,xl at a ratc of not logs than aro ani a
lis If tirkes the Lir51c ratA al' pts forall laaun
worked inrcu,;s of. 40 hours in t;M work
waiak. '.ilia requirements of 40 U.S.C. Vee ,xtt
appllcaalo to construction stark and prrovtde
that, no €L -barer Dr ore �hantcs must be r;?-
qun ad. to work in surroundings or under
work€rg to-All.nans which are uwaril; ary,
hazardous or dar,grrous. These requirom�� is
do not apply to the purchases of supplies or
55
Pt. 200, App. 11
matcrials or ardnles ordinarily available on
the open market, or contracts for tranz;por-
tation or transmlsston of inbAligumce.
(F) R1g'hfis to Inrintdons Made Under a.
Contract or Agreomant, If the Pedoral sward
meets the definition of "funding ag ement"
under 37 CFR §461,2 (a) and no recipient or
subrecipient vaishos to enter into a contram
with a small busimem firm or nonprofit orga-
nization regarding the aubstitutlon of par-
mei. assignment of perfoiimffinoo of experi-
mo:ntal. developmental, or r earoh work
under thaws "funding agreement,'• the roclpl-
ent or nrbrocdpleilt must oompl y with the ra-
quirements of 0; CFI. Part,101, "Rights to In-
vention. 3ladin by Nonprofit Organizations
and Small llualn.;e.3 Pli-in. Under Govern-
mert Grans, Contrarts and Coop-nrative
Agreements," and any Impl2mont1ng rogula-
t=ons Issued by theawarding agnacy.
(G) Clean Air Aut (42 U,S-C. 41014671q.) and
the Poder-at Water Pollutlon Control Act (33
I7,S..C, l 1=1.113 }, as amended—Comsat is and
subgrant;i of amcuats in ox(aw of 5150,000
mu:;t contaai.n a provislon that rogtm•ea the
non-Pederal award to agree to comply with
all applicable standards. orders or rogula-
tions istutd pursuant to the Clean .alar Act
(42 U,S.C. 7-1014TT1q) al:d the Federal Water
Pollution Control k% as amelrciacl (3313,S.C,
MI -13971. Vialat°ran:; must be relvaited is the
Peaderal awarding trgercy and '.lie Raagloral.
Offlc,? of the Envmnn=.montal Proteiitlon
Agency (:PPA).
(iii Mandatory xtandards and pollct re-
lati:u„ to entugy effictency wlnel€ are con-
tained in the state energy conservation plan
lssued In compliance with Me Energy Policy
and Conservati on Act (42 U.S.C. 62111).
(1) Debarment and Suspension (Rxecutive,
Ordars 12M and 12689}-k contract award
(see 2 CPR 120-21)) mint not be nude tai par -
Vo. 11 -seed on ilia govnrnrnwitwWo Excluded
Parties List System in the System for Award
Mitneagaament [SAM), in accordance with the
OMB guidellnes aL 2 CPR IN that imtplemori :
Executive Orders 12540 {3 CPR Part IM
Comp., p. 190,} and .12M (3 CPR Part i09c3
Comp.. p. 2M), " Debarment.and Suspension."
'rhe klla luded Parties Ltat System lit SAM
contains the n;arriAs of parties deba:iTed, sus-
panned. or other vise excluded by agtancdor.., as
well as jtarties declared Inollgible under sint-
abary or ro(nilatsry aulbority iithor than :Elx-
eantwo ,ruler 42546.
(J) Byrd Ant1-LobbNring Amendment (i'1.
U.S.C. I�W).....•Contractors thAt apply or bid
for .nm award cf 9.1010MG or more must lila the
raqui cd certification, i .ach ttor certifies to
the tier ah_,vo that It wtll not aryl hasnot
us^d : otV,.ral appropristpil flmiis 'to pay say
porsou or organization for infiuenolTm, or at-
tempting
ttempting to ini luon c .an offtrer or amploya c:
of any agenay, .a mombar of Congress, officer
or employee of Congras^;, or an anployoo oI' a
member of Congress in aonw.ction with ob-.
Wrong any Federal contract, granter any
195
Ff. 200, App. III
other award coverad by 31 U,S.C. M2. EaLb
tiler must also d1saloso any lobbying with
non-Fodoral funds� that takes place. In con-
nootton with obtainiag any Vo daral award.
Such dI=lo:.uTez am forwarded from tier to
tier up to the mon-Yederalaward.
(K) Sara §MG -222 Procurement of recovered
material'i.
APPENrax 1H To PAEtT 200--IND1R=-
(P&A) Co6ri TDTuNTw.irArroN AND
ASSMISMENT, A -NY.) RATm DIUMMINA-
TION' WR INSTITUTIONS OF HICETER
KDUCATION (IM -'s)
A.
This appendix provldi� orlberla for I(IvaxlA-
fyIng and Lainpulan( Indirect €m Indirect
(F&k);t .rates at 1141's (instItudons). Indirect
i MA) aonn are thozo that are tnaurrod ft
M.OMM011 or joint objectives and tharoforn
V11nnot. be Idmelflval readily and spil"3110altv
wl�li a raxticolar -ponnor&l project, an in-
structional activity, nor any othir Inz%tta-
honal aoticitT, See sul,,;ocf 4on B.1, Deftni-
Men of P&a Aljttos and Administration, for a.
dtsous,,lon of the components of indiract
C P&A) Val'A.
1. 34ftjol PuncUon3 of an 1na11rW.Wh
Re -Na-, to Instru(Mon, argantred
other sponsored aotivitmi and other. insMa-
Wons.l. actin aei as defined !n LhIsseeMim-
& InSITUction Means the Wacmmg and
training aCtAVIt10Z Of AO MSMUM031, n--OPt
for raoamb Lraining as provided In sub-
5ection. It, this term Includes all te3chlag and
training activitims, whathm, Choy are offered
for credit,:, toward a degree or certificate or
an a nea-credit hxsls. and whether thkv aro
offered through regular academic depart
gents or separate dlyi .lons. sash as a ';um-
inar &,hool division or an extension division.
Also Lou, I&nd part of this major function
are de.1Y,%rtTnonW rosaaruh. anti, whore
agrovd to, umsversity
(.1) Xiaoatsor,.d twTiriwitan and Irdmirg 111oars
Srx�alfle instructional ar Ixalming aUlv tty 01-
tabllsbe,l by grant. contract, or cooppratArn
agreement, For purpoms tit tha cv,.-t prin-
(A plozl� this activity may be consly.lered a
major functian over though in institution's
accountIng trpatmqnt may naeitula It; In tha
Instructl on funs '.Ion.
(2) Tesearch means rwoa;rch,
davelvpmmt said so-holarly 3cMAtlei that
aro net or ganizad r(warsh and, uou-
w.quently, are not separatAy, budget,.A and
accounted for. Dgpammontaf ramm+ch, for
purposes of this document, is not cons iderad
as a, major function, but as a part of the in-
struction. function of the Institution -
b. Op4anized research mea= all research
and development activities of an inAltution
that are separately budgewd aa:l aezountad
for. It includes:
56
2 CFR Ch. 11 (1-1-14 Edition)
(1} Sponsored reseaml, means aU research
and development acluvitloo that are spon-
sured by Meral aDd mon-Vedoi.W agencies
and arganizaticas, This Wim. includes activi-
ties invi:1-v7ng the tralnin4t of individuals in
rosomxlli t4chniqueg (conimonly called re-
search training) where aach actavi ties utlilze
the same facilitle% as other reasarcli and (I,,-
Voloptilont; act4vitles anti Whcre, SuUh actlyl-
des am not Imoludod in the instruction fano-
tion.
(a) Unowgily ramaycia means all resseproh
W141 dc.valapnirmt activities that, are serA-
ratoty bu4,oUd andaccount-id for by tliA nt-
stitution ardor an Intarnal applN.W.Dn of In -
floods. Univrmty rasaar,lh, for
purpoiles of this document, must tto com-
Mond with sponsored ratuaroh undor the
function of orga.almd rL-Aarcb,
a- Wier smajoyed av11,nUet mp-ma progi-ams
and projoors financed by Podaral and non -
Federal agenolm and organizations whiodi In-
volvo the pWormanc6 of work other than in -
attraction and orir,mlzod researCIL ' MMM.PleS
of such progjams and projects are health
s,ezvlceprojoctz and community zarvmo pro..
grams, Ilrwovor, when any of these aoth Iftes,
are undertaken by thio Institution without
autjd)o support, they may be classified as
Other In--titudonal aalvitio&,
d, W4.7 lazillutlovar ocUrMes mean ail ao-
61VIt1e:1 of an. ITUILUM011 8XCGPt for IRAITZ-
tion, deqrmtmertal rewaroh. or��,aatzod re-
search, and asdo-
Dmnid In this sectlow. WIram (F&A) imnt -%,-
tivi1tvs identified in this A:ppardix para-
graph D. Nontiftcation and as;signmeat of in-
d1rN.t (P&.A) cos�s; wad qyaclabxod serAovs
facilitlos described in J120.469 Spe-Jalize.d
SM11ce raellities of this part4
VxamlAes of other Institutional a0lvlties
Includs nparat:un of ms1domce. bal.1%. d1rang
I-Alls, bospilah-, anol. iAlnlos, studons uniona
Intorcollegiato athiedes, bookstrwag, faculty
twusing, student spartments. guPqt, house,.
chapels, t-hpatnr' Public museu=& and other
r4intlzr auxtbary enterprIses. Thin, ler.trAtIon
a1wj int hides any other categorl" of actIvI -
tirs, posts of V011ch are "unallowable" to
Mora awards, uzlers otherwise indicated
In an award,
2. Mem� for.DoMbuilon
a. ra;w. yortod. A Wm T.mlod for distriba-
bion, ref indirect (.F&,A) costa is Use period
during whish Via costs are Inewerr.d. The
baso period normally should coMcide with
Che fiscal year onablished by the Institution,
but In .ills al'Crit the bampiriod should b< so
svlect:Cd as to xvall lasquItlis In the dls�
tribu'lon of.costs.
b, Need far cosi grouplaVs. The overall ob-
jectivo of th.,, In.:IlrvA (F&A) cost allocation
procasa is to duftribute the Indire,;t (F&-J1Lj
costs def-cribod in Section B, Identification
and asxFamant of indirect (F&A) vzt!s, to
196