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Backup Documents 06/23/2020 Item #16E 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the Countv Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. Jennifer Belpedio County Attorney's Office (� 22`x) 4. BCC Office Board of County Commissioners b , j �q ' p�� 5. Minutes and Records Clerk of Court's Office N PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Christine Boni Phone Number 252-3617 Contact / Department Agenda Date Item was 6/23/20 Agenda Item Number 1 Approved by the BCC US E� Type of Document Grant Agreement 0003 Number of Original 2 — Both original Chair Attached Documents Attached signatures need to be mailed to the State. PO number or account ' FedEx account: 4545- number if document is 0460-7 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not aDDroDriate. Applicable) 1. Does the document require the chairman's original signature? CB 2. Does the document need to be sent to another agency for additional signatures? I_ f 1SI Fi N/A rovide the Contact Information Name; Agency; Address; Phone on an attached sheet. dl 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed CB bv the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CB document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CB sip -nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip CB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 8. The document was approved by the BCC on 6/23/20 and all changes made during the 11mWit meeting have been incorporated in the attached document. The County Attorney's *`11line. ption for Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the is not BCC, all changes directed by the BCC have been made, and the document is ready for the ption for ][line. Chairman's signature. Crystal K. Kinzel Collier County Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 June 23, 2020 Florida Division of Emergency Management 2555 Shumard Oak Blvd., Ste. 325H Tallahassee, FL 32399-2100 Attn: Nee Edwards, 16E2 Enclosed are two (2) original Grant Agreement G0093 approved by the Board on Tuesday, June 23, 2020. Please process and return to the Collier County Emergency Management Division. Any questions, please call 239-252-8411. Thank you, (Nqer,Xs, Cannon, Sr. Deputy Clerk Board's Minutes & Records Department 3299 Tamiami Trail E., Ste 401 Naples, FL 34112 Phone- (239) 252-2646 Website- www.CollierClerk.com Fax- (239) 252-2755 Email- CollierClerk@collierclerk.com - r ;vJ " `" FecEX NEW Package knq 8764 5169 2 510 Express US Airbill N�;1hm a) Cl) C) cc] O m X LU O 0 CD O U X 1 From Please print andpress hard. Sender's FedEx Date Account Number Sender's Name CHRISTINE BONI Form 0 215 to No 4 Express Package Service •T.momb,cab.o. 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UN ,tD.cl -ontSlope—un I845 x kp Address REQUIRED"lal.eOedlVb� Fedfx Pnu'dY OWmgm amc, Dangerous gotnslncludmgdry-9cannot boNmpedmFedE,—lotgmo placed �o a FedEx Expmcs Dmn so, -- CaroAircrafOnl g Y Usa this Ime to, in HOLD location address ar In, rononmts n of you, shippmp address. FadFx 2Dasto asWrti—tan, - 7 Payment Bill to: r D (��itl 'Yl",�t�y_ $w (j� Einar fadEx Acet. No. or Crede Card No below. _ -_ _ __ -AP _32-3qq-y)'�-�.i - Sender A- No Recipient Third Parry Credit Card Cash/Check '70-73 L'•]•. � W.Acct No tn, "'F .'� Cemlrard No. Dam Total Packages Total Weight Total Declared Value' I FedExThe US Airbill For shipments over 1 4 has changed.Sectione order FedExk ! Ina 5 DI 'Do, dabdr,1s lensed m $100 union W n datum . high., Yaw. S.n back to, dmmla av ns.nu dos Ae 0 Wr1 611 agree to the seracer,nda,onson"is back nInor arNllAmnmacon ant FaNS-reGoo.,,n,iln,m, e he, ona rnx 11MAN Rev Data I I110-Pen•159IN-S 19e4- 2010FedEx• PRINTED IN U S A SRS 16E� 16Ez STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT CFDA Number(s): 97.042 Agreement Number: G0093 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANTS 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. 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." B. 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." C. 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." D. 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." E. 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." THEREFORE, Division AND Sub -Recipient agree to the following: (1) SCOPE OF WORK (a) Sub -Recipient shall perform the work in accordance with Scope of Work (Attachment A) and Proposed Budget Detail Worksheet (Attachment A(2)), of this agreement. (2) INCORPORATION OF LAWS REGULATIONS AND POLICIES (a) Sub -Recipient and Division shall be governed by all applicable State and Federal laws, rules, and regulations, including, but not limited to, those identified in Attachment E, Program Statement of Assurances. In addition, section 215.971, Florida Statutes applies to this Agreement because 2 C.F.R. G §200.302 states in part: "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." (3) PERIOD OF AGREEMENT (a) This agreement period will begin on July 01, 2020, and will end on June 30, 2021, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (12) TERMINATION, of this Agreement. (4) FUNDING CONSIDERATION (a) This is a cost reimbursement agreement. Division shall reimburse Sub -Recipient for allowable costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $110,834.00 subject to legality of the expenditures, availability of funds, and appropriate budget authority. (b) Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. The amount of advanced funds may not exceed the expected cash needs of Sub -Recipient within the first ninety (90) days of the term of this Agreement. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included with this Agreement as indicated in Attachment B, Justification of Advance Payment. Attachment B must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (c) 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 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)." (d) 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. (e) As required by section 215.971(2)(c), Florida Statutes, the Grant Manager shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. (5) REPORTS Sub -Recipients shall provide Division with all required Reports, as set forth in Exhibit 1 — Audit Requirements, to this agreement. 16Ee (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 thirty (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 Form 5 - Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (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 (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). (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 A (3)). The necessary forms for completing Quarterly Reports are located in Attachment G, Reporting Forms. (6) MONITORING (a) Sub -Recipient is responsible for and shall monitor its performance under this Agreement. Sub -Recipient shall monitor the performance of its contractors, consultants, agents, and who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit Requirements, monitoring procedures may include, but not limited to, desk reviews and on -site visits by Division staff, limited scope audits, and other procedures. (7) SUBCONTRACTS (a) Sub -Recipient shall not contract in furtherance of this Agreement prior to receiving Division's written confirmation that the proposed contract includes the following requirements: Contractor is bound by all applicable State and Federal law and regulations; ii. Contractor shall indemnify and hold Division and Sub -Recipient harmless against all claims of whatever nature arising out of or related to the contractor's performance of under this Agreement, to the extent allowed by law; and 3 CAO 16E2 Prior to entering into a contract with any contractor to be paid from funds from this Agreement, Sub -Recipient shall submit to Division a completed Attachment C, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion to this Agreement. (8) AUDITS (a) Sub -Recipient 's performance under this Agreement is subject to the applicable requirements published in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 of the United States Code of Federal Regulations (C.F.R.) part 200 hereinafter referred to as the "Uniform Guidance." (b) Sub -Recipient shall retain all records pertaining to this Agreement, regardless of the form of the record (e.g. paper, film, recording, electronic), including but not limited to financial records, supporting documents, statistical records, and any other documents (hereinafter referred to as "Records") for a period of five State fiscal years after all reporting requirements are satisfied and final payments have been received, or if an audit has been initiated and audit findings through ligation or otherwise. (c) If Sub -Recipient 's expenditures of State of Federal awards during its applicable fiscal year(s) require it to conduct an audit in accordance with Exhibit 1 — Audit Requirements, to this Agreement, such audit will comply with all applicable requirements of Exhibit 1 — Audit Requirements, to this Agreement, section 215.97, Florida Statues, and the Uniform Guidance as applicable, and Sub - Recipient shall ensure that all related party transactions are disclosed to the auditor. (d) The reporting packages for required audits must be timely submitted in accordance with the requirements of Exhibit 1 — Audit Requirements, of this Agreement and the applicable laws, rules and audits of Federal awards conducted in accordance with Subparagraph (c) above. (9) 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 0 16EZ state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) REMEDIES; 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 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 (30) 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. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) 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 (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Sub -Recipient refund to the Division any monies used for ineligible 16U 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; Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; 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 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 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. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty (30) 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 (30) 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 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. 6 OAO 16E2 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. (13) 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 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 seven (7) 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 seven (7) 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: 7 OAO Terminate this Agreement in accordance with the provisions outlined in 16 E L Paragraph (12) above; and, Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within seven (7) 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 seven (7) business 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 (12) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. (f) The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (g) As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." (h) As required by 2 C.F. R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: 16E2 i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except 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. 6) 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. (1) 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"). (m) FEMA has developed helpful resources for Sub -Recipients when procuring with federal grant funds because Sub -Recipients must comply with the Federal 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. These resources are generally available at https://www.fema.gov/procurement-disaster-assistance-team. FEMA periodically 0 M-1 1 updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal 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. FEMA provides the following hands-on resources for Recipients of federal funding: i. 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at https://www.fema.gov/media-library-data/1569959172327- 92358d63e00d17639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018 pdf ii. 2019 PDAT Contract Provisions Template available at hftps://www.fema.gov/media-Iibrary-data/l 569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19 pdf (14) ATTACHMENTS AND EXHIBITS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 — Audit Requirements Exhibit 2— Funding Sources Exhibit 3— Single Audits Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B — Justification of Advance Payment Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment D — Warranties and Representations Attachment E — Statement of Assurances Attachment F — Mandatory Contract Provisions Attachment G — Reporting Forms (15) NOTICE OF CONTACT 0 16 E2 4 (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. All notices provided by Sub -Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 15(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: Contractual Point of Contact Nee Edwards Florida Division of Emergency Management 2555 Shumard Oak Blvd., 325H Tallahassee, FL 32399-2100 (850) 815-4340 Newarsa.Edwards@em.myflorida.com (c) The name and address of Division's Programmatic Reviewer for this Agreement is: Programmatic Point of Contact Jamela Reeves Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4332 Jamela.Reeves@em.myflorida.com (d) The name and address of Representative of the Sub -Recipient responsible for the administration of this Agreement is: Name: Dan Summers Title: Emergency Management Director Address: 8075 Lely Cultural Parkway, Suite 445 Naples, FL 34113 Phone: (239) 252-3600 Email: Daniel.Summers@colliercountyfl.gov (e) 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. (16) 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 - 16E1 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 Justification of Advance Payment as Attachment B. Justification of Advance (Attachment B) will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. (b) Invoices shall be submitted 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 (5) REPORTS of this Agreement. (c) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under Paragraph (4) FUNDING CONSIDERATION 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 (30) days of receiving notice from the Division. (17) 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. (18) MANDATED CONDITIONS AND OTHER LAWS (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 12 0 1 6E2 thirty (30) 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. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (e) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (f) Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offenses enumerated in Paragraph (18)(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. 13 16E2 (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 C) 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. (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. 0) 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 ("INK)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (1) 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),Florida Statutes., 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. (19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. (b) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." ELI 16E2 (c) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (d) The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient , to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 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. (20) 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. 15 16E2 (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 connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. (c) Within thirty (30) 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 (20)(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. (21) LEGAL AUTHORIZATION (a) 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. (22) ASSURANCES (a) The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (23) 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 OR O of interview and discussion related to such documents. Finally, the right of access is not limited to the 6E2 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 consultants paid from funds under this Agreement, for a period of 5 years from the date of submission of the final expenditure report. The following are the only exceptions to the 5-year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 5-year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (d) In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. (e) In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. 17 16E2 (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. (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 Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A) and all other applicable laws and regulations. 18 16Ee 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. (24) TERMS AND CONDITIONS (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement. Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. (27) 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: 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 16E2 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 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 (i) and the provisions of paragraphs (i) through (viii) 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 20 16E2 such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. (c) The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient ; and refer the case to the Department of Justice for appropriate legal proceedings. (28) COPELAND ANTI -KICKBACK ACT (a) 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. IRS l6E2 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. (29) CONTRACT WORK HOURS AND SAFETY STANDARDS (a) 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. (30) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (31) SUSPENSION AND DEBARMENT (a) 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. %•M 16E� 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. (32) BYRD ANTI -LOBBYING AMENDMENT (a) 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. (33) 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 23 v�2 16E2 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"). 24 STATE OF FLORIDA 1 FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED RECIPIENT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly execute this Agreement as of the last date set forth below. RECIPIENT; -,Collier County By: Burt L Saunders, Chairman (Name and Title) Date: 59-6000558 Federal Identification Number 076997790 DUNS Number G0093 Agreement Number ATTEST: stal K. Kinz Clerk B .III.Q,I/1L �� � air Approve � o orm a and Legality n ao'a .L �j �� Assistant County Attorney Ca _.tom `S CG � STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: (Jared Moskowitz, Division Directorl C Date:#0(Q9 ' Date Date Reed Lo 25 �. O epeputy terk G� 16t4 FY 2020-2021 EMPG AGREEMENT EXHIBIT 1 —AUDIT REQUIREMENTS The administration of resources awarded by Division to the Sub -Recipient may be subject to audits and/or monitoring by Division as described in this section. MONITORING Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns Sub -Recipient's may have related to the grant. Sub -Recipient's will be monitored programmatically and financially by Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. On -site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, Sub -Recipient's will receive monitoring from Division once per year. If an on -site visit cannot be arranged, the Sub -Recipient may be asked to perform desk review monitoring. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Sub - Recipients are demonstrating non-compliance. (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 review shall be done for each function or activity in the Proposed Budget Detail Worksheet Attachment A(2) and Scope of Work (Attachment A) to this Agreement and reported in Quarterly Reports (Attachment A(3)). (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. If 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. AUDITS VZ 16k2 The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. 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)." 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." 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 (30) days after the Division has notified the Sub -Recipient of such non-compliance. (a) 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. (b) 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 (c) 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.html (d) The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com 27 16Ee OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 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 thirty (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 sixty (60) days after termination of this Agreement or sixty (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 (11) 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 A(3)). 28 16E2 FY 2020-2021 EMPG AGREEMENT EXHIBIT 2 — FUNDING SOURCES I. FEDERAL RESOURCES AWARDED TO THE SUB -RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Sub -Recipient's Name: Collier County Sub -Recipient's unique entity identifier (DUNS): 076997790 Federal Award Identification Number (FAIN): 59-6000558 Federal Award Date: July 01, 2020 Subaward Period of Performance Start and End July 01, 2020 to June 30, 2021 Date: Amount of Federal Funds Obligated by this $110,834.00 Agreement: Total Amount of the Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include the Agreement: Total Amount of the Federal Award committed to $110,834.00 the Sub -Recipient by the pass -through entity: Federal award project description (see FFATA): 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.). Name of Federal awarding agency: Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), and Grant Program Directorate (GPD) Name of Pass -Through Entity: Florida Division of Emergency Management Contact information for the pass -through entity: Nee Edwards/ 850-815-4340 Catalog of Federal Domestic Assistance Number 97.042 (CFDA): Assistance Listings Title (Formerly Catalog of Emergency Management Performance Federal Domestic Assistance (CFDA) Name: Grant Whether the award is Research & Development: No Indirect Cost Rate for the Federal Award: 29 16E2 II. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: C.F.R. 200, Uniform Administrative Requirements for Federal Grants Appendix "H", FEMA Preparedness Grants Manual, FEMA Grant Program Directorate, dated February 2020 The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2020 Emergency Management Performance Grant Program (EMPG) STATE RESOURCES AWARDED TO THE SUB -RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A 30 O U 16kL FY 2020 - 2021 EMPG AGREEMENT EXHIBIT 3 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Division at: DEMSinale Audit(a)em.myflorida.com. Sub -Recipient: Collier County FEIN: 59-6000558 Sub -Recipient's Fiscal Year: 2020 Contact Name: Dan E Summers Contact's Phone: 239-252-3600 Contact's Email: daniel.summers@colliercountyfl.gov 1. Did Sub -Recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -Recipient and the Florida Division of Emergency Management (FDEM)? X❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? X❑Yes ❑No If yes, Sub -Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Sub -Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -Recipient and Division? X❑Yes ]No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? X❑Yes ❑No If yes, Sub -Recipient certifies that it will timely comply with all applicable single or program — specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Sub -Recipient, that the above representations for items 1 and ?-are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 31 aG� 16E2 FY 2020 - 2021 EMPG AGREEMENT ATTACHMENT A — SCOPE OF WORK GENERAL POLICY Sub -Recipient shall comply with the following requirements, and if applicable, ensure all contracts require compliance with the following requirements. In carrying out this Agreement, Sub -Recipient shall provide all necessary personnel, materials, services, and facilities, except otherwise provided herein, to carry out the program. Sub -Recipient shall designate an individual, referred to by Division as the Grant Manager, who will be responsible for ensuring that the following activities are adhered to: • Planning; • Organization; • Equipment; • Training; • Exercise; and • Management and Administration 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. SUB -RECIPIENT RESPONSIBILITIES Sub -Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. 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 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. TASKS AND DELIVERABLES: The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or progress towards the completion of each task. Quarterly deliverables must be submitted to the Grant Manager's email address provided in Subparagraph 16(b) as stated in the scope of work. The Sub - Recipient must also provide a certification of completion on the deliverable checklist. TASK 1: MATCH A. QUARTERLY MATCH The EMPG agreement has a 50% Federal and 50% Local match requirement. Unless otherwise authorized by law, Federal funds cannot be matched with other Federal funds. To meet matching requirements, the Sub -Recipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. DELIVERABLES • 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 you are using local funds to satisfy the match requirement. If using EMPA as match, no additional supporting documentation is required; Reporting Requirements (Quarters 1,2,3, and 4). Supporting Documentation: invoices, receipts, paystubs, certified timesheets, 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. 32 0611 16kL TASK 2: BUILDING AND SUSTAINING CORE CAPABILITIES A. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) IMPLEMENTATION In accordance with the (HSPD)-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance through grants, contracts, and other activities. NIMS provides a common approach to state and national response that enables responders at all levels to work together more effectively to manage domestic incidents a core set of guidelines, standards, and protocols for command and management, preparedness, and communications in emergency situations. All Sub -Recipients must certify that they are NIMS compliant or working towards compliance and will furnish documentation upon request. All Sub -Recipients are required to complete and submit the NIMS Data Collection Worksheet _Local compliance annually. DELIVERABLES • NIMS Data Collection Worksheet _Local, provided by the Preparedness Bureau, in the month of September, will be submitted electronically by December 01, 2020 to the Bureau Chief of Preparedness; Reporting Requirements (Quarter 2). Supporting Documentation: The NIMS Data Collection Worksheet— Local. B. LOGISTICS PLANNING — DISTRIBUTION MANAGEMENT PLAN Continuing the requirement from 2019, counties will begin an update of its' Logistics Plan, a component to their existing Local Comprehensive Emergency Management Plan (CEMP). The Logistics plan, for this agreement cycle, should focus on the distribution of commodities and supplies such as food, water, generators, and tarps to survivors following a disaster. Section 252.35 (2)(g), Florida Statutes, requires the Department 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. DELIVERABLES • Provide the updated Logistics Plan Component addressing the following: ■ Resource Ordering ■ Distribution Methods ■ Inventory Management ■ Staging areas • Transportation ■ Demobilization Reporting Requirements (Quarter 4). TASK 3: VALIDATING CAPABILITIES A. INTEGRATED PREPAREDNESS PROGRAM (IPP) The Sub -Recipient shall develop and maintain an Integrated Preparedness Program (IPP) that identifies a combination of exercises and associated training requirements that address priorities and build gaps identified in the Integrated Preparedness Program Workshop (IPPW) and builds from training gaps identified in the county assessment process. 33 U 16E2 The IPP is designed to consolidate the training and exercise that will be undertaken by any and all stakeholders within the State of Florida in an effort to maximize opportunities to coordinate, collaborate and improve effectiveness of each stakeholder's (the Whole Community) capacity/capability when responding or assisting in the response to, recovery from, and mitigation of impacts from any of the "All Hazards" threats. Training and exercises play a crucial role in this strategy, providing the State with a means of attaining, practicing, validating, and improving core capabilities. DELIVERABLES • Provide the percentage of completed training and exercise activities listed on the current IPP; Reporting Requirements (Quarters 1,2,3, and 4); • The County 2022-2024 IPP by February 1, 2021; Reporting Requirements (Quarter 3). B. TRAINING AND EXERCISE Training and Exercise activities must enhance the capabilities of emergency management personnel, including establishing, supporting, conducting, and attending training deliveries. Training activities should align to a current, IPP developed through an annual IPPW and should reflect efforts to address training capabilities gaps. In addition to training activities aligned to and addressed in the IPP, 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 Emergency Management Professionals Program (EMPP) Basic Academy. Exercises play a vital role in national preparedness by enables 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 role and responsibilities, 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. DELIVERABLES • The Division Form 4 - Staffing Detail for all funded EMPG personnel; • Training transcripts for funded EMPG personnel listed on the Division Form 4 — Staffing Detail. If certificates are uploaded into SERT TRAC, Grant Manager will request a copy of the transcript from the Training and Exercise Unit (T&E); • Provide sign in sheet or certificate or participation in at least three (3) exercises for funded EMPG personnel during the period of performance Reporting Requirements (Quarters 1,2,3, and 4) NOTE: Additional course completion documentation is required only if; new personnel are listed on the Staffing Detail Form. Reference: FEMA Preparedness Grants Manual - Program Appendix H 34 LVA 16 E 2 i FY 2020-2021 EMPG AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2020 EMPG Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration. 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/ Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans Planning Costs Supporting Documentation: • 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. Reference: FEMA Preparedness Manual Program Appendix H 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 ■ Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). ■ Position descriptions for funded EMPG personnel and any position being used as match ; • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) 35 C� • Office Supplies/Materials • 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 grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media-library/assets/documents/32474. Organization Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division 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. 36 V� 1 6E2 Reference: FEMA Preparedness Manual Program Appendix H C. EQUIPMENT Allowable equipment categories for the EM PG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles can 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. Fundinq 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. Unauthorized Equipment - Related 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. 37 16EZ Reference: FEMA Preparedness Manual Program Appendix H D. TRAINING EMPG Training 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 IPP developed through an annual Integrated Preparedness Program Workshop (IPPW). Training should foster the development of a community -oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the IPP, all EMPG -funded personnel (including full- and part-time state, local, tribal, and territorial (SLTT) recipients and Sub -Recipients) 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 (EM PP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Basic Academy Professional Development Series Basic Academy Pre -requisites and Courses IS-120.a An Introduction to Exercises IS-100 (any version) Introduction to the Incident Command System IS-230.d Fundamentals of Emergency IS-700 (any version) National Incident Management Management System (NIMS)-An Introduction IS-235.b Emergency Planning IS-800 (any version) National Response �R Framework, An Introduction IS-240.b Leadership and Influence IS-230.d Fundamentals of Emergency Management IS-241.b Decision Making and E/L101 Foundations of Emergency Problem Solving Management IS-242.b Effective Communication E/L102 Science of Disasters E/L103 Planning Emergency Operations IS-244.b Developing and Managing L-146 HEEP 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 • State -approved, locally sponsored CERT training • Mass evacuation training at local, state, and tribal levels For 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 Division State Training Officer for course specific guidance. Unless the recipient receives advance written approval from 38 16EL 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. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than 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. 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 Integrated Preparedness Program (IPP) 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. 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." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as The 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. 39 O 16Ee 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 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. 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. 40 OQJO 16E� 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.); $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061 a , Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/l04877). 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. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment. • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated 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- Copies of Conferences must be providing an agenda. 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. 41 O G� 1bEL Reference: FEMA Preparedness Manual Program Appendix H 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 Integrated Preparedness Program (IPP) developed through an annual Integrated Preparedness Program Workshop (IPPW). Allowable Exercise -Related Costs • 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). • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub -Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the Sub -recipient shall submit a request for approval to the Division no later than 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 • 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. 42 G 16EZ Exercise Costs Supporting Documentation • 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; • Copies of Exercise Plan (EXPLAN), After -Action Report/Improvement Plan (AAR/IP) and sign in sheets for conducted exercises (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). Reference: FEMA Preparedness Manual Program Appendix H F. MANAGEMENT AND ADMINSTRATIVE (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 • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division 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. OTHER CRITICAL INFORMATION A. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Sub -Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a fully executed copy of their negotiated indirect cost rate agreement at the time of application. Sub -Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be considered on case -by -case basis and based upon the submission of an agreement or proposal. B. ENVIRONMENTAL PLANNING AND HISTORIC PRESRVATION (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 - Recipient's 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 documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub -Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy #108-023-1. The EHP screening form is located https://www.fema.gov/media- Preparedness Grants Manual I April 2019 Page 19 library/assets/documents/90195, and further EHP guidance can be found at https://www.fema.gov/media- librarv/assets/documents/118323. C. CONSTRUCTION AND RENOVATION 43 �o t 6 E 2 Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center (EOC) as defined by the State Administrative Agency are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EM PG 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 Grants Program Directorate (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 Managerwithin 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(aD_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 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. D. 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. Per 2 CFR 200.318 through 200.326, Sub -Recipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. E. FINANCIAL CONSEQUENCES Actions to Address Noncompliance: Non-federal entities receiving financial assistance from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards, including the terms set forth in applicable federal statutes, regulations, NOFOs, policies, and this Manual. Throughout the award lifecycle or even after an award has been closed, FEMA or the pass -through entity may discover potential or actual noncompliance 44 0 16E2 on the part of a recipient or subrecipient. This potential or actual noncompliance may be discovered through routine monitoring, audits, closeout, or reporting from various sources. In the case of any potential or actual noncompliance, the Division may place special conditions on an award per 2 C.F.R. §§ 200.207 and 200.338, the Division may place a hold on funds until the matter is corrected, or additional information is provided per 2 C.F.R. § 200.338, or it may do both. In the event the noncompliance is not able to be corrected by imposing additional conditions or if the recipient or subrecipient refuses to correct the matter, the Division may use other remedies allowed under 2 C.F.R. § 200.338. These remedies include actions to disallow costs, recover funds, wholly or partly suspend, or terminate the award, initiate suspension, and debarment proceedings, withhold further federal awards, or take other actions that may be legally available. Reference: (1) FEMA Preparedness Manual Program Actions to Address Noncompliance (pgs. 37- 38) and (2) 2 C.F.R. 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 45 16E2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant (EMPG") is intended for use by the Sub - Recipient to perform eligible activities as identified in the Fiscal Year 2020 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 A). 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. BUDGET SUMMARY AND EXPENDITURES SUB -RECIPIENT: COLLIER COUNTY OF AGREEMENT: G0093 1. PLANNING 2. ORGANIZATION $74,884 3. EQUIPMENT $35,950 4. TRAINING $ 5. EXERCISE 6. MANAGEMENT AND ADMINISTRATION 7. TOTAL AWARD 11 1,834.00 FY 2020-2021 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES Not limited to activities below Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits (Contractors and Consultants Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $0 Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) O 46 G�° 16E2 Salaries and Fringe Benefits (Contractors and Consultants Utilities (electric, water and sewage) Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades Memberships Publications Postage 1 2,884 2,884 Storage —21 GN-00-Leas Lease Space 1 72,000 72,000 TOTAL ORGANIZATION EXPENDITURES $74,884 Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment 1 OGE-00-GENR Towable 45kw Generator 1 32,000 32, 100 CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21 GN-00-OCEQ - EOC Equipment & Supplies (provide description of EOC equipment & supplies) Scanners 5x$350, display monitors 5x$150, shredders 2x$200, printers 3x$350 1 3,950 3,950 $35,950 TOTAL EQUIPMENT EXPENDITURES 47 16E2 Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) Salaries and Fringe Benefits (Contractors and Consultants Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES ----------- $0 - Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) Salaries and Fringe Benefits (Contractors and Consultants Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES 0 Allowable Management and Administration Costs (Up to 5% of total award Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES 0 TOTAL EXPENDITURES $110,834.00 REVISION DATE: 48 O CY r 16E2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT A (3) — 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 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 Division 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 all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. The necessary reporting forms are found in Attachment G, Reporting Forms. 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). 49 16E2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT Indicate by checking one of the items below if you are requesting an advance. An advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. NO ADVANCE PAYMENT REQUESTED Check here: Payment will be solely on a reimbursement basis. No Additional information is required. ADVANCE REQUESTED Check here: 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, and purchase supplies and equipment. Sub -Recipient would not be able to operate the program without this advance. ADVANCE CALCULATION If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three (list applicable line items) Months 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. 50 O 16Ee FY 2020-2021 EMPG AGREEMENT ATTACHMENT C 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 Division Contract Number Project Number RBI 16E2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Sub -Recipient's financial management system must include the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income, and interest. (3) Effective control over and accountability for all funds, property, and other assets. Sub -Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Sub -Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Sub -Recipient, considering the price, quality, and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Sub -Recipient. All bids or offers may be rejected when it is in the Sub -Recipient 's interest to do so. 52 16E2 Codes of Conduct. Sub -Recipient warrants the following: (1) The Sub -Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. (3) The officers, employees, and agents of the Sub -Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The 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 (Monday) through (Friday), and from (times) ( 8.00am ) to ( 5-000 - Licensing and Permittinq All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Sub -Recipient. 53 G� ! 6 E 2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES AND REGULATIONS 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 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. 54 C� 1 bE2 10. It will comply, and assure the compliance of all its Sub -Recipient's 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. 55 �a FY 2020-2021 EMPG AGREEMENT ATTACHMENT F 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 provisions that may be required depending upon the type of contract or subcontract being funded by this Agreement: OMB GUIDANCE PT. 200, APP. ll: Pt. 200, App. II Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -Recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as 56 O U .� 16E2 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 or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub -Recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -Recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). (1) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must 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 must 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 non -Federal award. (K) See § 200.322 Procurement of recovered materials. 57 V� 16Ele ATTACHMENT G - REPORTING FORMS I-LORIDA DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT 2020-2021 EMPG REPORTING FORMS 2020.2021 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INCLUDE: DIVISION Form 1A - Quarterly Financial Report, DIVISION Form 1B - Quarterly Tasks, DIVISION Forms 2A & 28 Detail of Claims and DIVISION Form 6 - Time and Effort (if applicable). 1. These forms are to be submitted to the Division each quarter. 2. Complete Division Form to - Quarterly Financial Report by entering all information needed to support the claim for reimbursement, sign and date. Include a descriptive narrative outlining quarterly progress, events, delays in the section provided. 3. Complete Division Form 1B - Quarterly Tasks to support that deliverables and tasks are being completed as required throughout the period of performance, sign and date. 4. The Division Form 2A - Detail of Claims & Division Form 2B - Detail of Claims (Salaries & Fringe) forms must accompany the Division Form 1A - Quarterly Financial Report each quarter. 5. The Division Form 1A - Quarterly Financial Report form must be signed by the grant manager or someone with equal authority. 6. Claims for reimbursement may be submitted by email to the appropriate Division Grant Manager according to applicable region or at the address below FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Attn: (Division Grant Manager) 1.91vision Form 3A - Quarterly Match: 1. The 2020-2021 EMPG agreement has a 50 % Federal and 50% Local match requirement. The Division Form 3A - Quarter Match Form shall be submitted to the Division each quarter to identify non-federal match. The Sub -Recipient must provide supporting documentation of matching funds (i.e. invoices, cancelled checks, credit card statements, earning statements, payroll registries, etc.), if using funds other then EMPA expenditures claimed for reimbursement Cost -matching requirements shall be in accordance with 2 C.F.R. part 200.306. Match contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with applicable Federal requirements and regulations. Division Form 4 - Staffing Detail: 1. List EMPG funded Emergency Management Agency staff. Provide a total anticipated annual amount of Salaries and Benefits to be paid for each position. Provide the funding distribution amount or percentage in each applicable column: local, state. federal, etc. This form is due with Quarter 1 submission or no later than October 30, 2020, whichever occurs first. Please provide the Division updates to this form as necessary. 2. Along with the Division Form 4 - Staffing Detail, please provide position descriptions for EMPG funded staff. 3. Along with the Division Form 4- Staffing Detail, please provide documented policies for any fringe benefits, incentives or special pay to be claimed through the grant. Division Form 5 - Close Out Report: 1, The Division Form 5 - Close Out Report is due within sixty (60) days after the period of agreement ends. The 2020-2021 EMPG agreement has a 50% Federal and 50 % Local match requirement. If the the EMPG award is matched with EMPA and/or are less than the EMPA award, no additional back-up/supporting documentation is needed to be provided to the Division. However, if the EMPG award exceeds the EMPA award, or if the Sub -Recipient is not using EMPA expenditures for match, the appropriate back- up/supporting documentation shall be provided to the Division along with the Form 5 - Close Out Report (i.e. invoices, reciepts, cancelled checks, credit card and bank statements, earning statements, paystubs, etc.). 2. The agreement cannot be considered closed until the Division Form 5 - Close Out Report has been received and approved by the Division. Division Form 6 - Time and Effort: 1. Provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort. The form must account for 100% of the hours claimed for reimbursement each quarter. Training and Exercise Requirements for EMPG funded personnel '1. All EMPG funded personnel shall complete the following training requirements and record proof of completion: NIMS Training, FEMA Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete either the FEMA Independent Study courses identified in the FEMA Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other designated location. Participation in at least three (3) exercises for funded EMPG Dersonnel during the period of oerformance. Required documentation to support project expenditures: ' 1. Sub -Recipients shall maintain a grant1financial file with copies of supporting documentation for all paid project/program expenditures claimed during the grant period. Documentation of expenditures claimed for reimbursement through the grant will be reviewed and verified by Division staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, timesheets and payroll vouchers, journal transfers, credit card and bank statements, etc. These documents should be submitted when requesting reimbursement. 112. All claims for reimbursement shall be submitted on the approved Division Quarterly Financial Reporting forms. Claims not submitted on the proper forms or that are unsupported by proper documentation will not be processed and will be returned for additional support. Please ensure that the documentation submitted for review is legible. Please verify form calculations for accuracy before submitting to the Division for review each quarter. 58 z 1 6E2 ATTACHMENT G - REPORTING FORMS FLORIDA DMSION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM I - QUARTERLY FINANCIAL REPORT I AGREEMENT #: CLAIM #: 1 AWARD AMOUNT: QUARTER #: 1 SUB -RECIPIENT: COUNTY: REPORTING FORMS DUE DATES (30 DAYS AFTER QUARTER) j ADDRESS: 1 - July 1 - Sept. 30, 2020 (Fortes are due no later than October 30) 2 - October 1 - Dec. 31, 2020 (Forms are due no later than January 30) 3 - January 1 - March 31, 2021 (Fortes are due no later than Apnl 30) POINT OF CONTACT: 4 - Apnl 1 - June 30, 2021 (Forms am due no laterthan July 301, r PHONE/EMAIL: EMPG ALLOCATION CATEGORIES BUDGETED ALLOCATIONS Q1 CLAIM Q2 CLAIM Q3 CLAIM Q4 CLAIM CUMULATM EXPENDED FUNDS REMAINING BALANCE 1. PLANNING $0.00 $0.00 $0.00 2.ORGANIZATION $0.00 50.00 $0.00 3. EQUIPMENT $0.00 $0.00 S&GO 4. TRAINING $0.00 S0.00 $0.00 S. EXERCISE $00o SOOO $0.00 6. MGMT AND ADMIN (up to 5%) SO.00 $0 00 $0 GO TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 I AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: ..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 awanl. I am aware that any false, fictitious. or fraudulent information, or Me omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (IJ S. Code Title 18, Section 1001 and 7tle 31, Sections 3729-3730 and 3801-3812)." SIGNATURE: AUTHORIZED REPRESENTATIVE DATE QUARTERLY STATUS REPORT Please report EM acUmbes, meetings, training, exercises, or other necessary information to support quarterly progression. I THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION AWARD AMOUNT DIVISION DATE RECEIVED STAMP PRIOR CLAIMS THIS CLAIM AMOUNT BALANCE OF AWARD 59 O C.� i6Ee ATTACHMENT G - REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020.2021 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 1B - QUARTERLY TASKS RECIPIENT: QUARTER: July 1 - Sept. 30 Emergency Management Personnel NIMS IS 1Do NIMS IS 200 NIMIS IS 700 NMS IS 800 FEMA Prof e..w-1 Development Series oR National Emergency Management 8— Academy EM Employee Name &Position Title r tr 0 N r 0 M r K o V �- a � r K 0 N r K 0 M r 0 Q r 0 r (Y a N r a M of K 0 R r K 0 � r x 0 r 0 0 r w a r Of a r fY a r x a r of 0 r x a r K a r K a r to 0 I- of 0 DELAfERABLEWASK REQUIREMENTS ENTER DATE COMPLETED QRT1 QRT2 QRT3 QRT4 COMMENTS T1: Provide Division E>thibit 4, certification of a full-time Use for e» lanation that supports Emergency Management Director or part-time Coordinator. Training 8 Emrcise progression. (Q1, any updates Q2-04) T1. Provide Division Form 4 - Staffing Detail and position descriptions for funded emergency management staff. Q1, any updates Q2-Q4 T1: Provide a quarterly report as outlined in Quarterly Reports (Attachment (A3). (Q1-Q4) T1. Provide full-time Emergency Management Director's or part- time Coordinator's certified tmesheets or paystubs. (Q7-Q4) T2: Proude the Division Form 3 - Local Budget Match Requirement (Q2, any updates Q3-Q4) T2: Submit a copy of the current and accurate County Emergency Management Local Budget (General Revenue) including the budget approval date (Q2, any updates Q3-Q4) T2: Submit copy of the local EM general revenue e>4>enditure (general ledger) report (02, any updates Q3-Q4) T3: Response Capabilities (Attachment F) - Maintain current county emergency management and other contacts trough the Division's SharePoint Portal including County Director and Alternate contacts. (Q3, any updates Q4) T3: Response Capabilities (Attachment F) - Upload current GIS site data to the Division's SharePdnt Portal. (Q3, any updates 04) T3: Response Capabilities (Attachment F - Upload current site data into WebEOC to include County Staging Areas (CSAs) and County Points of Distribution (POOs). (Q3, any updates Q4) T3: Attachment G - Complete Hurricane Shelter Retrofit items A-G in the worksheet and upload into WebEOC no later than March 31, 2021 T4: Recovery Capabilities (Attachment M - Identify any potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC. (Q4) By signing this report, I certiry to the bast of my knowledge and belief that the report is true, complete, accurate and the expenditures, disbursements anti cash receipts are for the purposes and objectives set forth in the conditions of the 2020-2021 EMPA agreement SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: ATTACHMENT G - REPORTING FORMS 60 v�' 16Ez FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 2A - DETAIL OF CLAIMS SUB -RECIPIENT: INCURRED DATE RANGE: Example: July 1 through Sept 30 2020 Please use separate Diwision Form 2A - Detail of Claims per allocation category. Please prolde FEMA AEL numbers for EQUIPMENT e)penditures ONLY. Please proide a budget remsion to the Diusion along with this form, if expenses being claimed are not allocated on the most recently approsed budget. Please include the Costs Incurred Date Range in the applicable cell aboee. This is usually the quarterly period, howeeer, a Sub -Recipient may incorporate a larger date range to include a forgotten claim for reimbursement for a payment made the premous quarter (within the period of the agreement). This allowance does not circumvent the four (4) required reporting submissions ALLOCATION CATEGORIES PLEASE SELECT FROM THE LIST BELOW CATEGORY: PLANNING DATE OF tk VENDOR DESCRIPTION OF SERVICE OR EXPENSE PAYMENT FOR SERVICE PAYMENT REFERENCE # PURCHASE FEMAAEL# WA'r°a.'P"'a^r'"'as OR EXPENSE iocl, 0,11 date (CHECK Y. P0, CCM. Jr) AMOUNT not Wrchased) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL S 'By signing this report, I certify to the best of my knovdedge and belie/that the repot is Bue. 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 avard I am aeare that any False, fictitious. or fraudulent information, or the omission of any material tact, may subject me to criminal, civil or administrative penathes for Baud. false statements, false claims or otherwise. (U.S, Code 7Rte 18. Section 1001 and 7iHe 31, Sections 3729-3730 and 3801-3812).' SIGNATURE AUTHORIZED REPRESENTATIVE '. PRINTED NAME: TITLE: DATE: ATTACHMENT G - REPORTING FORMS 61 16Ee FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 2B - DETAIL OF CLAIMS SALARIES AND FRINGE BENEFITS SALARY DEFINITION: The cash compensation for services rendered by a regular employee in an established position for a specific period of time. SUB -RECIPIENT: CLAIMN: DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? Note. If this claim includes incentives or special pay please proMde FDEM with the written established policy for support. EM EMPLOYEE NAME EM POSITION TITLE % OF TIME CHARGED TO EMPG SALARY FRINGE BENEFITS 1 ExampleJane Doe EM Planner 50% $ 5.000.00 $ 1,200.00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTALS S 5,000.00 $ 1,200.00 TOTAL $ 6,200.00 "By sigfing this report. 1 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 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). " SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: ATTACHMENT G - REPORTING FORMS 62 16E2 FLORIDA DMSION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 3A - Quarterly Match SUB -RECIPIENT: CLAIM #: 1 QUARTERLY REPORTING PERIOD: July 1 - Sept. 30 1. The 2020-2021 EMPG agreement has a 50 % Federal and 50 % Local match requirement. Each quarter the Sub -Recipient must identify the non- federal match on the Quarterly Match Form 3A. 2. If the EMPG funds are being matched with 2020-2021 EWA claimed expenditures, no additional back-up/supporting documentation is required to be submitted with this form. 3. If the 2020-2021 EMPG award exceeds the 2020-2021 EMPA award, or if the Sub -Recipient is not using EMPA claimed expenditures to fulfill the EMPG match requirement, appropriate back-up/supporting documentation must accompany this form to support fuUi ment of the required match (i.e. invoices, receipts, paystubs, earning statements, cancelled checks, credit card and bank statements, etc. ), EMPG REPORTING AWARD AMOUNT: $ - EMPG QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $0.00 QUARTER 2 $0.00 $0.00 QUARTER 3 $0.00 $0.00 QUARTER 4 $0.00 $0.00 TOTAL EMPG CLAIMS $0.00 EMPA REPORTING AWARD AMOUNT: $ 106,806.00 EMPA QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $105,806.00 QUARTER $0.00 $105,806.00 QUARTER $0.00 $105,806.00 QUARTER 4 $0.001, $105,806.00 1 TOTAL EMPA CLAIMS $0.00 i I I MATCH REPORTING REQUIRED MATCH AMOUNT: $ - EMPA LOCAL (General Revenue) LOCAL (Other) OTHER (Non-Federa) QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTALI $0.00 $0.00 $0.00 $0.00 TOTAL MATCH 1 $0.00 I "By signing this report, I certify to the best of my knoWedge 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 aKerd I am avare that any false, fictitious. or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U. S Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). " SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: ATTACHMENT G — REPORTING FORMS 63 v� 4 1 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM 4 - STAFFING DETAIL EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES AND BENEFITS SUB-RECIPIENT:j FL County POINT OF CONTACT: I Jar» Due Planner I PHONEIEMAIL: 123-123-1234 EMPLOYEE INFORMATION LOCAL STATE AND FEDERALTH TOTAL EM Employee Name, Position Title # HrsNVleek Devoted to EM Activities 2 $ Total Salaries & Benefres by P—don 3 % County General Fund (Local) 4 % Other Local Funds 5 % EMPA Base Grant (State) 6 $ EMPA Base Grant (State) % EMPG Base Grant (Federal) 8 $ EMPGer Base Grantederal (Federal)ds 9 % Total All Funds 121 EXAMPLE John Smth, Planner 40 S 4000000 0% 0% 50% $20,000,00 50% $20.00000 100% 2$ $0% 3 $ $ 05• 4 $ $ 0°/. 5 $ $ 0% 6 $ $ 0% 7 $ $ 0% 6 $ $ 0% g $ $ 0^r 10 $ $ 0% 11 $ $ (N. 12 $ $ 0% 73 $ S 0% 14 $ S 0% 15 $ $ 0^k 16 $ $ 0% 17 $ $ 0% 16 $ $ 0% 19 $ $ 0"/ 20 $ $ 0% TOTAL $ 20,000.00 $ Z0,000.00 DRECTIONS: 1, In Column #1, Islthe nacre and position title for funded EMPG Emergency Management staff. 2. In Column #2, enter the amount of anticipated hours vvorked per veek for grant related activities for each EM position 3. In Column #3, list total anticipated annual amount of Salaries and Benefits to be paid for each EM Position. 4. In Counns #4-11, provide the funding distribution (% or $) in each applicable column. 5 Column #12 calculates the sum of percentages entered in Columns 4 - 11 and must equal 100%of the anticipated annual salaries and benefits per EM position. 6 Please provide to the Division updates or revisions to this form throughout the period of the agreement as necessary. 7. This form is to be submitted to the Division aloe vith the 1st Quarter shbnisslen, or by Oct ben 30, 2020, Whichever occurs first 64 V� 16E2 ATTACHMENT G - REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT DIVISION FORM 6 - CLOSE-OUT REPORT Division FORM 5 - CLOSEOUT REPORT shall be completed and submitted to the Division no later than sixty (60) days after the period of performance ends. The 2020-2021 period of performance ends on June 30, 2021. Division FORM 5 is due by August 30, 2021. SUB -RECIPIENT: AGREEMENT #: POINT OF CONTACT: EMPG AWARD AMOUNT: $ PHONE/EMAIL: UNCLAIMED BALANCE: $ REIMBURSEMENTS RECEIVED BY THE SUB -RECIPIENT (Include any advanced kinds and final requested payment) ALLOCATION CATEGORIES EXPENDITURES DATE AMOUNT 1. PLANNING $ _ i $ - 2. ORGANIZATION 3. EQUIPMENT $ _ 3 4. TRAINING $ _ 4 5. EXERCISE $ - s I 6. MANAGEMENT AND ADMIN. $ _ 6 AWARDAMOUNT $ (LESS ADVANCED FUNDS) $ i (LESS REIMBURSEMENTS) $ UNCLAIMED BALANCE OF AWARD $ The 2020-2021 EMPG agreement has a 50 % Federal and 50% Local match requirement. If the EMPG award is being matched with EMPA, no additional back-up/supporting documentation is needed to be provided to the Division. If the EMPG award exceeds the EMPA award or using local funds for match, the appropriate back-up/supporting documentation for the match fulfillment shag be provided with this form (i.e. invoices, cancelled checks, earning statements, payroll registries, with amounts clearly identified). EMPA LOCAL General Revenue) LOCAL (Other) OTHER Non -Federal TOTAL MATCH SIGNATURE REQUIRED "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditure; disbu cements and cash receipts are for the purposes and objectives set forth in the hums and conditions of the Federal award. 1 am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729a730 and 3801-2812)." SIGNATURE AND DATE: AUTHORIZED REPRESENTATIVE PRINTED NAME AND TfiLE. Refund and/or final interest checks are due no later than ninety (90) days after the expiration of the Agreement Make checks payable to: Cashier, Florida Division of Emergency Management Mail to: Florida Division of Emergency Management 2555 SInumard Oak Blvd., Tallahassee, Florida 32399-2100, Attn: (Division Grant Manager) BELOW TO BE COMPLETED BY FDEM: SIGNATURE AND DATE: Division Grant Manager SIGNATURE AND DATE: Division Programmatic Reviewer ATTACHMENT G - REPORTING FORMS 65 C� 16E2 FLORIDA DAIISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIMSION FORM 6 - TIME AND EFFORT This form Is requited to accompany,.imbursement claim for salaries charged to the III EMPLOYEE NAME: QUARTERLY REPORTING PERIOD: October I - December 31 Munn CATEGORY e�mmommmmommmmmmmoam ©�mmmm©mm©mm©ammmm®. ©��mmmmmmmommmmmmmoa� �0000©000 oamaoo©® m©0©0000�� _©©MUMIn ©�Mmmmmmmmommmmmmmoa� eMM�������o�������oas ©���������o�������oas �o�ao©�aoo ©a0000m� ©ooa©loom©o©o©oom e ..�mmmmsaamommmmmmmoa� ©��mmmmmmmamom©mmmaa� H�MM ©��mmmmmmmommmmmmmoam 00000©oo ooaooao m imoo©a©a©moo©o©aom e�■mmmmmmmommmmm■�maa� n��m■�m©mmm©mommmmmoam ��ooaa000©0000aao�■� ©a©o©o©m©o©o©©om e�mmmmmmmommmmmmmoas ©�e�mmmmmomommmmmmmoss �0000000�oo©0000�� o a■s oemmmmmmmommmmmmmoasl ©��mmmom©mommmmmmmoas� ©�Mm������o�a�����©a' �00000©000a��0000���� m�� EmployeeSignsture: Date, sstrsti� in the ferms and conditions of the Federal award i arn — that any false, fictitous, or fraudulent infonnation. or the amossim of any materal fact, may subject me to criminal, civi or adm ;nalties for fraud. 1 6 E e STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT CFDA Number(s):97.042 Agreement Number:G0093 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANTS 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. 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." B. 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.° C. 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." D. 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." E. 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" THEREFORE,Division AND Sub-Recipient agree to the following: (1) SCOPE OF WORK (a) Sub-Recipient shall perform the work in accordance with Scope of Work(Attachment A) and Proposed Budget Detail Worksheet(Attachment A(2)),of this agreement. (2) INCORPORATION OF LAWS,REGULATIONS,AND POLICIES (a) Sub-Recipient and Division shall be governed by all applicable State and Federal laws, rules,and regulations,including,but not limited to,those identified in Attachment E, Program Statement of Assurances. to addition,section 215.971,Florida Statutes applies to this Agreement because 2 C.F.R. 1 26E2 §200.302 states in part:"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." (3) PERIOD QF AGR EEMENT (a) This agreement period will begin on July 01,2020,and will end on June 30,2021,unless terminated earlier in accordance with provisions of this Agreement,including,but not limited to Paragraph (12)TERMINATION,of this Agreement. (4) FUNDING CONSIDERATION (a) This is a cost reimbursement agreement. Division shall reimburse Sub-Recipient for allowable costs incurred In the satisfactory performance of work hereunder In an amount not to exceed $110,834.00 subject to legality of the expenditures,availability of funds,and appropriate budget authority. (b) Any advance payment under this Agreement is subject to section 216,181(16),Florida Statutes.The amount of advanced funds may not exceed the expected cash needs of Sub-Recipient within the first ninety(90)days of the term of this Agreement, If an advance payment is requested,the budget data on which the request is based,and a justification statement shall be Included with this Agreement as indicated in Attachment 8,Justification of Advance Payment.Attachment B must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds, (c) 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_autllorized 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 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)." (d) 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. (e) As required by section 215.971(2)(c),Florida Statutes,the Grant Manager shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. (5) REPORTS Sub-Recipients shall provide Division with all required Reports,as set forth in Exhibit 1 —Audit Requirements,to this agreement. 2 16E2 (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 thirty(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 Form 5-Close-Out Report is due sixty(60)days after termination of this Agreement or sixty(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(11)REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Proposed Budget Detail Worksheet(Attachment A(2))and Scope of Work(Attachment A). (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 A(3)).The necessary forms for completing Quarterly Reports are located in Attachment G,Reporting Forms. (6) MONITORING (a) Sub-Recipient is responsible for and shall monitor its performance under this Agreement. Sub-Recipient shall monitor the performance of its contractors,consultants,agents,and who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. (b) In addition to reviews of audits conducted in accordance with Exhibit 1 —Audit Requirements,monitoring procedures may include,but not limited to,desk reviews and on-site visits by Division staff,limited scope audits,and other procedures. (7) SUBCONTRACT$ (a) Sub-Recipient shall not contract in furtherance of this Agreement prior to receiving Division's written confirmation that the proposed contract Includes the following requirements: Contractor is bound by all applicable State and Federal law and regulations; ii. Contractor shall indemnify and hold Division and Sub-Recipient harmless against all claims of whatever nature arising out of or related to the contractor's performance of under this Agreement,to the extent allowed by law;and 3 Prior to entering into a contract with any contractor to be paid from funds from this Agreement,Sub-Recipient shall submit to Division a completed Attachment C,Certification Regarding Debarment, Suspension,Ineligibility,and Voluntary Exclusion to this Agreement. (8) AUDITS (a) Sub-Recipient's performance under this Agreement is subject to the applicable requirements published in the Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards,Title 2 of the United States Code of Federal Regulations(C.F.R.)part 200 hereinafter referred to as the"Uniform Guidance." (b) Sub-Recipient shall retain all records pertaining to this Agreement,regardless of the form of the record(e.g.paper,film,recording,electronic),including but not limited to financial records, supporting documents,statistical records,and any other documents(hereinafter referred to as"Records') for a period of five State fiscal years after all reporting requirements are satisfied and final payments have been received,or if an audit has been Initiated and audit findings through ligation or otherwise. (c) If Sub-Recipient's expenditures of State of Federal awards during its applicable fiscal year(s)require it to conduct an audit In accordance with Exhibit 1 —Audit Requirements,to this Agreement,such audit will comply with all applicable requirements of Exhibit 1 —Audit Requirements,to this Agreement,section 215.97,Florida Statues,and the Uniform Guidance as applicable,and Sub- Recipient shall ensure that all related party transactions are disclosed to the auditor. (d) The reporting packages for required audits must be timely submitted in accordance with the requirements of Exhibit 1—Audit Requirements,of this Agreement and the applicable laws,rules and audits of Federal awards conducted in accordance with Subparagraph(c)above, (9) 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 4 16E2 state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract, (10) DEFAULT If any of the following events occur("Events of Default"),all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph(11)REMEDIES;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 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 falls to cure this adverse change within thirty(30)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. (11) REMEDIES if an Event of Default occurs,then the Division shall,after thirty(30)calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty(30)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(30) days prior written notice of the termination.The notice shall be effective when placed In the United States, first class mail,postage prepaid,by registered or certified mail-return receipt requested,to the address In paragraph(3)herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Sub-Recipient refund to the Division any monies used for ineligible 5 16E2 purposes under the laws,rules and regulations governing the use of these funds; (e) Exercise any corrective or remedial actions,to include but not be limited to: i• Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance; issue a written warning to advise that more serious measures may be taken if the situation is not corrected; 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 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 fa ils to insist on strict performance by the Sub-Recipient,it will not affect,extend or waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty(30)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(30)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 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. 6 1 E2 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. (13) 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(l),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 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 seven(7)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 seven(7)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: 7 1GEc i. Terminate this Agreement In accordance with the provisions outlined In Paragraph(12)above;and, U• Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation, (e) Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R.§200.320(b),If the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments,if any,to the Sub-Recipient within seven(7) 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 seven(7)business 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(12)above;and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. (f) The Sub-Recipient agrees to Include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement,(ii)the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. (g) As required by 2 C.F.R.§200.318(c)(1),the Sub-Recipient shall"maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection,award and administration of contracts." (h) As required by 2 C.F.R.§200.319(a),the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition."Accordingly,the Sub-Recipient shall not: 8 16EL Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize,condone,or Ignore organizational conflicts of Interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vli. 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. (i) Except 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"). (m) FEMA has developed helpful resources for Sub-Recipients when procuring with federal grant funds because Sub-Recipients must comply with the Federal 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. These resources are generally available at https:llwww.fema.govlprocurement-disaster-assistance-team. FEMA periodically 9 16E2 updates this resource page so please check back for the latest information, While not all the provisions discussed In the resources are applicable to this subgrant agreement,the Sub-Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal 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. FEMA provides the following hands-on resources for Recipients of federal funding: i. 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at httos://www.fema.eov/media-Ilbrary-data11569958172327- 92358d63e00d17639d5db4de015184c9/PDAT ProcurementCheckllst 11-21-2018.pdf il. 2019 PDAT Contract Provisions Template available at https,//www.fema.oov/media-library-data/1569959119092- 9235$d63e00d17639d5db4de01518Qc9/PDAT ContractProvlslonsTemplate 9-30-19,pdf (14) ATTACHMENTS AND EXHIBITS (a) Ail attachments to this Agreement are incorporated as If set out fully. (b) In the event of any Inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1—Audit Requirements Exhibit 2—Funding Sources Exhibit 3—Single Audits Attachment A.•Scope of Work Attachment A(1)—Allowable Costs and Eligible Activities—Budget Directions Attachment A(2)—Proposed Budget Detail Worksheet Attachment A(3)—Quarterly Reports Attachment B—Justification of Advance Payment Attachment C—Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion Attachment D—Warranties and Representations Attachment E—Statement of Assurances Attachment F—Mandatory Contract Provisions Attachment G—Reporting Forms (15) ,NOTICE OF CONTACT 10 0 16E2 (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. All notices provided by Sub-Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct Information provided in Subparagraph 15(b)below. (b) The name and address of Division's Grant Manager for this Agreement is: Contractual Point of Conte ct Nee Edwards Florida Division of Emergency Management 2555 Shumard Oak Blvd.,325H Tallahassee,FL 32399-2100 (850)815-4340 Newarsa.Edwards@em.myflorida.corn (c) The name and address of Division's Programmatic Reviewer for this Agreement is: Programmatic Point of Contact Jamela Reeves Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee,FL 32399-2100 (850)815-4332 Jamela.Reeves em.m florida.corn (d) The name and address of Representative of the Sub-Recipient responsible for the administration of this Agreement is: Name: Dan Summers Title:Emergency Management Director Address:8075 Lely Cultural Parkway,Suite 445 Naples,FL 34113 Phone:(239)252-3600 Email:Daniel.Summers@colliercountyfl.gov (e) 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. (16) 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- 11 16E2 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 Justification of Advance Payment as Attachment B.Justification of Advance(Attachment B)will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment.After the initial advance,if any,payment shall be made on a reimbursement basis as needed. (b) Invoices shall be submitted 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(5)REPORTS of this Agreement. (c) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting,the State Chief Financial Officer or under Paragraph(4)FUNDING CONSIDERATION 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(30)days of receiving notice from the Division. (17) 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 fed of$15.00 or 5% of the face amount of the returned check or draft,whichever is greater. (18) MANDATED CONDITIONS AND OTHER LAWS (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 • 12 1 EL thirty(30)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. (o) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S,C, Section 12101 et see.),which prohibits discrimination by public and private entities on the basis of disability in employment,public accommodations,transportation,State and local government services, and telecommunications. (a) 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 thirty-six(36)months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (f) Any Sub-Recipient which Is not a local government or state agency,and which receives funds under this Agreement from the federal government,certifies,to the best of its knowledge and belief, that It and its principals: i• Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency; il• 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 (18)(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. 13 0 16E2 1 1 (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 C)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. (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. 0) If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement,any interest Income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (k) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained In 8 U.S.C.Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act ('INA")). The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (I) Section 287,05805,Florida Statutes,requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (m) The Division may,at Its option,terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5),Florida Statutes.,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. (19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) 2 C.F.R.§200,450 prohibits reimbursement for costs associated with certain lobbying activities. (b) Section 216.347,Florida Statutes, prohibits many 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.° 14 FQ 1 6E2 (c) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (d) The Sub-Recipient certifies,by its signature to this Agreement,that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid,by or on behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment or modification of any Federal contract,grant,loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the Sub-Recipient shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities." 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. (20) 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. 15 0 1 6E2 (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 connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. (a) Within thirty(30)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(20)(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. (21) LEGAL AUTHORIZATION (a) 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. (22) ASSURANCES (a) The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (23) 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 16 16E2 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 consultants paid from funds under this Agreement,for a period of 5 years from the date of submission of the final expenditure report, The following are the only exceptions to the 5-year requirement: i. If any litigation,claim,or audit is started before the expiration of the 5-year period,then the records must be retained until all litigation,claims,or audit findings involving the records have been resolved and final action taken. li. 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. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. en records are d to or or pass-through entity,the 5 year retention requirement is not applicable tontained by thehe Sub-Recipiederal nt.ing agency 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. 17 16E2 (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. (0) 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 ail 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 Proposed Budget Detail Worksheet(Attachment A(2))and Scope of Work (Attachment A)and all other applicable laws and regulations. 18 0 i6E2 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, (24) TERMS AND CONDITIONS (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION (a) This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement.Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. (27) 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: 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 19 16E [ 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 wilt 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 ail 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 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(i)and the provisions of paragraphs(i) through(viii)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 20 1 6E2 such direction by the administering agency the contractor may request the United States to enter Into such litigation to protect the Interests of the United States. (b) The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency, Instrumentality or subdivision of such government which does not participate in work on or under the contract. (c) The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations,and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such Information as they may require for the supervision of such compliance,and that It will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance, (d) The Sub-Recipient further agrees that It will refrain from entering Into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from,or who has not demonstrated eligibility for,Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II,Subpart D of the Executive order. In addition,the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following actions: cancel,terminate,or suspend in whole or In part this grant(contract,loan,insurance,guarantee);refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient;and refer the case to the Department of Justice for appropriate legal proceedings. (28) COPELAND ANTI-KICKBACK ACT (a) 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.g 874,40 U.S.C.§3145,and the requirements of29 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 lowertier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 21 co? 1 6E [ 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. (29) CONTRACT WORK HOURS AND SAFETY STANDARDS (a) 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. (30) CLEAN AiR ACT ANp THE FEDERAL WATER POLLUTION CONTROL ACT (a) lithe Sub-Recipient,with the funds authorized by this Agreement,enters into a contract that exceeds$150,000,then any such contract must include the following provision; Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387),and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). (31) SUSPENSIONAND DEBARMENT (a) 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. ili. 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. 22 16Ee iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R.pt. 180,subpart C and 2 G.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. (32) BYRD ANTI-LOBBYING AMENDMENT (a) 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. (33) CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS (a) If the Sub-Recipient,with the funds authorized by this Agreement,seeks to procure goods or services,then,in accordance with 2 C.F.R.§200,321,the Sub-Recipient shall take the following affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used whenever possible: I. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; 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 23 16E 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 wit 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"). 24 . 1 6 E c STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED RECIPIENT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly execute this Agreement as of the last date set forth below. RECIPIENT: oilier County By: Burt L Saunders,Chairman (Name and Title) Date: tot)I I9,;.; 59-6000558 Federal Identification Number 076997790 DUNS Number G0093 ' Agreement Number ATT S . rystal K.kinz ,Clerk k iiiltlgtllt','6nIV. Approved as t Form and L=•afi yx3z=i3N, R fl. eftt_ 'ita Assistant County Attorney c (J s\ STATE OF FLORIDA DIVISION OF EMERGENCY AGEMENT 1/4-,By: i / (Jared Moskowitz,Division Director] ic Date: // r` Y 2O2') 25 16E2 FY 2020-2021 EMPG AGREEMENT EXHIBIT 1 —AUDIT REQUIREMENTS The administration of resources awarded by Division to the Sub-Recipient may be subject to audits and/or monitoring by Division as described in this section. MONITORING Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns Sub-Recipient's may have related to the grant.Sub-Recipient's will be monitored programmatically and financially by Division to ensure that ail grant activities and project goals,objectives,performance requirements, timelines,milestone completion,budgets,and other related program criteria are being met. On-site monitoring visits will be performed according to Division schedules,as requested,or as needed. At minimum,Sub-Recipient's will receive monitoring from Division once per year.If an on-site visit cannot be arranged,the Sub-Recipient may be asked to perform desk review monitoring.Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Sub- Recipients are demonstrating non-compliance. (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 review shall be done for each function or activity in the Proposed Budget Detail Worksheet Attachment A(2)and Scope of Work(Attachment A)to this Agreement and reported in Quarterly Reports(Attachment A(3)). (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.If 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. AUDITS 26 0 16E2 The Sub-Recipient shall comply with the audit requirements contained In 2 C.F.R.Part 200, Subpart F. 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(GASS)and the Financial Accounting Standards Board(FASB)." When conducting an audit of the Sub-Recipient's performance under this Agreement,the Division shall use Generally Accepted Government Auditing Standards("GALAS").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." 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(30)days after the Division has notified the Sub-Recipient of such non-compliance. (a) 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. (b) 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: DEMSingte_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 (c) The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.qovifac/collect/ddeindex.htm( (d) The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorlda.com 27 1 6E2 OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 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 thirty(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 sixty(60)days after termination of this Agreement or sixty (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(11)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. (fl The Sub-Recipient shall provide additional reports and information identified In Quarterly Reports(Attachment A(3)). 28 0 16E2 z —- c,,- :o=r a-e,. za • w.:;t Ys "fit x< .. a x FY 2020-2021 EMPG AGREEMENT EXHIBIT 2—FUNDING SOURCES FEDERAL RESOURCES AWARDED TO THE SUB-RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Sub-Recipient's Name: Collier County Sub-Reci ient's uni ue enti identifier DUNS : 076997790 Federal Award Identification Number(FAIN): 59-6000558 Federal Award Date: July 01,2020 Subaward Period of Performance Start and End Date: July 01,2020 to June 30,2021 Amount of Federal Funds Obligated by this $110,834.00 Agreement: Total Amount of the Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include the A reement: Total Amount of the Federal Award committed to $110,834.00 the Sub-Recipient by the pass-through entity: Federal award project description (see FFATA): 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.). Name of Federal awarding agency: Department of Homeland Security(OHS), Federal Emergency Management Agency (FEMA),and Grant Program Directorate (GPD) Name of Pass-Through Entity: Florida Division of Emergency Management Contact information for the pass-through entity: Nee Edwards!850-815-4340 Catalog of Federal Domestic Assistance Number 97.042 (CFDA): Assistance Listings Title(FormerlyCatalogof Emergency Management Performance Grant Federal Domestic Assistance(CFDA)Name: > Whether the award is Research&Development: No t • Indirect Cost Rate for the Federal Award: 29 E 16E2 If. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: 1. C.F.R.200, Uniform Administrative Requirements for Federal Grants 2.Appendix"H",FEMA Preparedness Grants Manual,FEMA Grant Program Directorate,dated February 2020 3.The Department of Homeland Security(DHS)Notice of Funding Opportunity(NOF))Fiscal Year(PO 2020 Emergency Management Performance Grant Program(EMPG) STA E RESOU CE WA DED TO THE SUB-REC NEWT PURSUANT TO THIS AG EEMENT CONSIST OF THE FOLLQWING:N/A MA TCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program:N/A SUBJE CT TO SECTION 215 97FLORIDA STATUTES: State Project:N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:N/A 30 16E2 FY 2020-2021 EMPG AGREEMENT EXHIBIT 3—SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Division at: DEMSinole Audit em mvflorida corn. Sub-Recipient:Collier County FEIN: 59-6000558 —T Sub-Recipient's Fiscal Year: 2020 Contact Name: Dan E Summers Contact's Phone: 239-252-3600 Contact's Email: daniel.summers@colliercountyfl.go v 1. Did Sub-Recipient expend the State Financial Assistance,during its fiscal year, that it received under any agreement(e.g., contract, grant,memorandum of agreement. memorandum of understanding,economic incentive award agreement,etc.)between Sub-Recipient and the Florida Division of Emergency Management(FDEM)?❑X Yes ❑No If the above answer is yes,answer the following before proceeding to item 2. Did Sub-Recipient exceed$750,000 or more of State financial assistance(from Division and all other sources of State financial assistance combined)during its fiscal year'?EYes ENo If yes,Sub-Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i),Florida Statutes,and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Sub-Recipient expend Federal awards during it fiscal year that it received under any— agreement(e.g contract, grant,memorandum of agreement. memorandum of understanding, economic incentive award agreement,etc.)between Sub-Recipient and Division?❑X Yes ENo If the above answer is yes,answer the following before proceeding to item 2 Did Sub-Recipient exceed$750,000 or more of State financial assistance(from Division and all other sources of State financial assistance combined)during its fiscal year?ElYes No If yes,Sub-Recipient certifies that it will timely comply with all applicable single or program—specific audit requirements of title 2 C.F.R. part 200,subpart F,as adopted and supplement by DHS at 2 C.F.R.part 200. By signing below,I certify -behalf of Sub-Recipient,that the above representations for items 1 and 2 are correct. MIAMFAIIr. " Signature o Autho zed Representative - Z ) ate Printed Name of Authorized Representative t Title of Authorized Representative' ..l.rI . 31 16E2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT A—SCOPE OF WORK i. GENERAL POLICY Sub-Recipient shall comply with the following requirements,and if applicable,ensure all contracts require compliance with the following requirements.In carrying out this Agreement, Sub-Recipient shall provide all necessary personnel,materials,services,and facilities,except otherwise provided herein,to carry out the program.Sub-Recipient shall designate an individual,referred to by Division as the Grant Manager, who will be responsible for ensuring that the following activities are adhered to: • Planning; • Organization; • Equipment; • Training; • Exercise;and • Management and Administration 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. II. SUB-RECIPIENT RESPONSIBILITIES Sub-Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection,Mitigation,Response,and Recovery mission areas described in the National Preparedness Goal. 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 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. TASKS AND DELIVERABLES: The Sub-Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks(Fermi B)will need to be provided each quarter to show completion or progress towards the completion of each task.Quarterly deliverables must be submitted to the Grant Manager's email address provided in Subparagraph 16(b)as stated in the scope of work.The Sub- Recipient must also provide a certification of completion on the deliverable checklist. TASK 1:MATCH A. QUARTERLY MATCH The EMPG agreement has a S0%Federal and 50%Local match requirement. Unless otherwise authorized by law,Federal funds cannot be matched with other Federal funds.To meet matching requirements,the Sub-Recipient contributions must be reasonable,allowable,allocable,and necessary under the grant program and must comply with all Federal requirements and regulations. DELIVERABLES • 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 you are using local funds to satisfy the match requirement.If using EMPA as match,no additional supporting documentation Is required; Reporting Requirements(Quarters 1,2,3,and 4). Supporting Documentation:Invoices,receipts,paystubs,certified timesheets,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. 32 1 6E1 TASK 2:BUILDING AND SUSTAINING CORE CAPABILITIES - -x A. NATIONAL INCIDENT MANAGEMENT SYSTEM(NIMS)IMPLEMENTATION In accordance with the(HSPD)--5, Management of Domestic Incidents,the adoption of the National Incident Management System(NIMS)Is a requirement to receive Federal preparedness assistance through grants,contracts,and other activities.NiMS provides a common approach to state and national response that enables responders at all levels to work together more effectively to manage domestic incidents a core set of guidelines,standards,and protocols for command and management, preparedness,and communications in emergency situations. AU Sub»Recipients must certify that they are NIMS compliant or working towards compliance and will furnish documentation upon request.All Sub-Recipients are required to complete and submit the NIMS Data Collection Worksheet_Local compliance annually. DELIVERABLES • NIMS Data Collection Worksheet Local,provided by the Preparedness Bureau,in the month of September,will be submitted electronically by December 01,2020 to the Bureau Ce Reporting Requirements(Quarter 2)f of Preparedness; Supporting Documentation:The NiMS Data Collection Worksheet_Local. B. LOGISTICS PLANNING-DISTRIBUTION MANAGEMENT PLAN Continuing the requirement from 2019,counties will begin an update of its'Logistics Plan,a component to their existing Local Comprehensive Emergency Management Plan(CEMP).The Logistics plan,for this agreement cycle,should focus on the distribution of commodities and supplies such as food,water, generators,and tarps to survivors following a disaster, Section 252.35(2)(g),Florida Statutes,requires the Department 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. DELIVERABLES • Provide the updated Logistics Plan Component addressing the following: • Resource Ordering • Distribution Methods • Inventory Management • Staging areas • Transportation • Demobilization Repoting Requirements(Quarter 4). TASK 3:VALIDATING CAPABILITIES A. INTEGRATED PREPAREDNESS PROGRAM(IPP) The Sub-Recipient shall develop and maintain an integrated Preparedness Program(IPP)that identifies a combination of exercises and associated training requirements that address priorities and build gaps identified in the Integrated Preparedness Program Workshop(IPPW)and builds from training gaps identified In the county assessment process. • 33 0 16E2 The 1PP Is designed to consolidate the training and exercise that will be undertaken by any and all stakeholders within the State of Florida in an effort to maximize opportunities to coordinate,collaborate, and Improve effectiveness of each stakeholder's(the Whole Community)capacity/capability when responding or assisting in the response to,recovery from,and mitigation of impacts from any of the"All Hazards"threats.Training and exercises play a crucial role in this strategy,providing the State with a means of attaining,practicing,validating,and improving core capabilities. DELIVERABLES • Provide the percentage of completed training and exercise activities listed on the current iPP; Reporting Requirements(Quarters 1,2,3,and 4); • The County 2022-2024 IPP by February 1,2021; Reporting Requirements(Quarter 3). B. TRAIN!N G qND EXERCISE Training and Exercise activities must enhance the capabilities of emergency management personnel, including establishing,supporting,conducting,and attending training deliveries.Training activities should align to a current,IPP developed through an annual IPPW and should reflect efforts to address training capabilities gaps. In addition to training activities aligned to and addressed in the IPP,all EMPG funded personnel must complete the following training requirements end 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 Emergency Management Professionals Program(EMPP)Basic Academy. Exercises play a vital role in national preparedness by enables 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 role and responsibilities,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. DELfVRABLES • The Division Form 4-Staffing Detail for all funded EMPG personnel; • Training transcripts for funded EMPC3 personnel listed on the Division Form 4— Staffing Detail. If certificates are uploaded into SERT TRAC,Grant Manager will request a copy of the transcript from the Training and Exercise Unit(T&E); • Provide sign in sheet or certificate or participation In at least three(3)exercises for funded EMPG personnel during the period of performance Reporting Requirements(Quarters 1,2,3,and 4) NOTE:Additional course completion documentation is required only if;new personnel are listed on the Staffing Detail Form. Reference:FEIVIA Preparedness Grants Manual-Program Appendix H 34 16E2 FY 2020.2021 EMPG AGREEMENT ATTACHMENT A(1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES—BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2020 EMPG Funding Guidance allowable costs are divided into the following categories:Planning, Organization,Equipment,Training,Exercise,and Management and Administration. 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 bo 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/Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans Planning Costs Supporting Documentation: • 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. Reference:FEMA Preparedness Manual Program Appendix N 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 • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6-Time and Effort and proof employee was paid(paystubs,earning statements,and payroll expenditure reports). • Position descriptions for funded EMPG personnel and any position being used as match; • Utilities(electric,water and sewage) • Service/+Maintenance agreements(provide vendor debarment and service agreement for contractual services) 35 I6E2 • • Office Supplies/Materials • 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 Contractor 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 grant 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 GPO'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:htto://www.ferpa.aov/rpedla-library/assets/documents/32474. rganlzation Costs Supporting Documentation if the recipient seeks reimbursement for operational activities,then the following shall be submitted: • For salaries,provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division 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 1B)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. 36 I6E2 Reference:FEMA Preparedness Manual Program Appendix H C. EQUIPMENT Allowable equipment categories for the EMPG Program are listed on the web-based version of the Authorized Equipment List(AEL)at httos://erww.fema.gov/authorized-equipment-list. Unless otherwise stated,equipment must meet all mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds, In addition,agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment(PPE)(Category 1) • Information Technology(Category 4) • Cybersecurity Enhancement Equipment(Category 5) • Interoperable Communications Equipment(Category 6) • Detection Equipment(Category 7) • Power Equipment(Category 10) • Chemical,Biological,Radiological,Nuclear,and Explosive(CBRNE)Reference Materials (Category 11) • CBRNE Incident Response Vehicles(Category 12) • Physical Security Enhancement Equipment(Category 14) • CBRNE Logistical Support Equipment(Category 19) • Other Authorized Equipment(Category 21) in addition to the above,general purpose vehicles can 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. Part200,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. Unauthorized Equipment-Related Costs • Unallowable Equipment:Grant funds must comply with lB 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. 37 16E2 Reference: FEMA Preparedness Manual Program Appendix H D. TRAINING EMPG Training 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 IPP developed through an annual Integrated Preparedness Program Workshop(IPPW),Training should foster the development of a community-oriented approach to emergency management that emphasizes engagement at the community level,strengthens best practices,and provides a path toward building sustainable resilience. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the IPP,all EMPG-funded personnel(including full-and part-time state, local,tribal, and territorial(SLIT)recipients and Sub-Recipients)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 Bask Academy PDS Basic Academy Professional Development Series Basic Academy Prerequisites and IS-120.a An Introduction to Exercises Courses IS-100(any version) Introduction to the 1S-230.d Fundamentals of Emergency Incident Command System 9 y IS-700(any version)National Incident Management Management System(NIMS)-An Introduction IS-235.b Emergency Planning IS-800(any version)National Response IS-240.b Leadership and Influence OR Framework,An Introduction IS-230.d Fundamentals of Emergency Management 1S-241.b Decision Making and • Problem Solving Problem Foundations of Emergency IS-242.b Effective Communication E/L1 9emer /L102 Science of Disasters IS-244.b Developing and Managing E/L103 Planning Emergency Operations Volunteers L-146 HEEP 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 • State-approved, locally sponsored CERT training • Mass evacuation training at local,state,and tribal levels For 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 Division State Training Officer for course specific guidance. Unless the recipient receives advance written approval from 38 CLO 16E2 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. When conducting an exercise that shall include meals for the attendees,the recipient shall submit a request for approval to the Division no later than 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, 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 integrated Preparedness Program(IPP)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 backfrlling 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 tiie 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. Conferen cos 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." Rule 691-42,002(3),Florida Administrative Code,defines the term conference as: The 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. 39 16E2 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 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, Soo 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. 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. 40 16E2 Meal Allowance and Per Diem: Section 112.061(60),Florida Statutes,establishes the meal allowance for each meat duel a travel eriod 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.); $19 for dinner(When travel begins before 6 p.m. and extends beyond 8 p.m.or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a),Florida Statutes,establishes the per diem amounts. All travelers are allowed:The authorized per diem for each day of travel:or, If actual expenses exceed the allowable per diem,the amount allowed for meals as provided in s. 112.061(6)(b),F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six-hour periods(quarters)beginning at midnight for Class A or when travel begins for Class B travel.Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis.A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed$20.00 for each quarter from the time of departure until the time of return Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds$6 for breakfast,$11 for lunch, or $19 for dinner unless: • For counties—the requirements of section 112.061(14),Florida Statutes,are satisfied, • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy(in other words,the reimbursement rates apply uniformly to all travel by the Recipient);and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration("GSA")for that locale(see https://www.gsa.gov/portal/content/104877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way)of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. • Absent prior approval from the Division,the cost of any hotel accommodation shall not exceed $150 per night. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants providing services; • Copies of invoices,receipts and cancelled checks,credit card statements and bank statements for proof of payment. • Copies of the agenda,certificates and/or sign in sheets(if using prepopulated 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; • Copies of Conferences must be providing an agenda. 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. 4I O 16E2 Reference:FEMA Preparedness Manual Program Appendix H 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 Integrated Preparedness Program(IPP)developed through an annual Integrated Preparedness Program Workshop(IPPW). Allowable Exe Ise-Related Costs • 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 AA'R/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 backfiliing 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). ▪ Other Items.These costs are limited to Items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise,rental of • equipment,and the procurement of other essential nondurable goods. Sub-Recipients are encouraged to use free public space/locations,whenever available,prior to the rental of space/locations.Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees,the Sub-recipient shall submit a request for approval to the Division no later than 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 • 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. 42 1 6E2 Exercise Costs Supporting Documentation • 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; • Copies of Exercise Plan(EXPLAN),After-Action Report/improvement Plan(AAR/IP)and sign in sheets for conducted exercises(if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). Reference: FEMA Preparedness Manual Program Appendix H F. MANAGEMENT AND ADMINSTRATIVE(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 • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division 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. II. OTHER CRITICAL INFORMATION A. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200,including 2 C.F.R.§ 200.414.Sub-Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a fully executed copy of their negotiated indirect cost rate agreement at the time of application.Sub-Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application.Post-award requests to charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. B. ENVIRONMENTAL PLANNING AND HISTORIC PRESRVATION(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- Recipient's 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 oonstruction 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 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 Ei-IP screening form is located https://www.fema.goy/media- Preparedness Grants Manual I April 2019 Page 19 librarylassets/documents/90195,and further EHP guidance can be found at https://www.fema.gov/medla- library/assets/documents/118323. C. CONSTRUCTION AND RENOVATION 43 16E2 Construction and renovation projects for a state,local,territorial,or Tribal government's principal Emergency Operations Center(EOC)as defined by the State Administrative Agency 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 EM PG 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 Grants Program Directorate(GPD)prior to submitting materials for EHP review.Sub-Recipients are also encouraged to have completed as many steps as possible fora 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 Hp S Instruction Manual 023-01-001-01 Rev laic, 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 oodehpinfoetfema,qov. 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: hops://www.dol.aov/whd/govcontracts/dbra.htm 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. D. PROCUREMENT AU 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. Per 2 CFR 200.318 through 200.326,Sub-Recipients are required to adhere to certain procurement standards for entering contracts for personnel or services.This includes full and open competition, methods of procurement to follow,federal or passthrough entity review,and Including federal provisions Intro contracts. E. FINANCIAL CONSEQUENCES Actions to Address Noncompliance: Non-federal entities receiving financial assistance from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards,Including the terms set forth in applicable federal statutes,regulations,NOFOs,policies,and this Manual.Throughout the award lifecycle or even after an award has been closed,FEMA or the pass-through entity may discover potential or actual noncompliance 44 o 16E2 on the part of a recipient or subreciplent.This potential or actual noncompliance may be discovered through routine monitoring, audits,closeout, or reporting from various sources. In the case of any potential or actual noncompliance,the Division may place special conditions on an award per 2 C.F.R.§§200.207 and 200.338,the Division may place a hold on funds until the matter is corrected,or additional information Is provided per 2 C.F.R.§200.338,or it may do both. In the event the noncompliance is not able to be corrected by imposing additional conditions or If the recipient or subreciplent refuses to correct the matter,the Division may use other remedies allowed under 2 C.F.R.§ 200.338.These remedies Include actions to disallow costs,recover funds,wholly or partly suspend, or terminate the award,initiate suspension,and debarment proceedings,withhold further federal awards,or take other actions that may be legally available. Reference:(1)FEMA Preparedness Manual Program Actions to Address Noncompliance(pgs.37- 38)and(2)2 C.F.R.200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards 45 16E2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT A(2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant (EMPG")is intended for use by the Sub- Recipient to perform eligible activities as identified in the Fiscal Year 2020 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 A). 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. BUDGET SUMMARY AND EXPENDITURES SUB-RECIPIENT: COLLIER COUNTY OF AGREEMENT: G0093 1. PLANNING -- 2. ORGANIZATION — $ 3. EQUIPMENT ----.. $74,884 4. TRAINING $35,950 5. EXERCISE $ 6. MANAGEMENT AND ADMINISTRATION $ 7. TOTAL AWARD $ - $110,834.00 Allowable Planning Costs — --- _ Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits(Contractors and Consultants) Supplies Travel/per diem related to planning activities 11111111111111.111111111.1111111111111111111111111111 Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits(EM Personnel) 4& Q� G � ���� �� ��� � � ~°~ ~ Salaries and Fringe Benefits(Contractors and Consultants) Utilities(electnc.water and sewage) - - Srmic*Momvmnanooa8rromuntu '--- Office Supplies/Materials |T Software Upgrades Memberships Publications Postage - 1 2,884 2.88* Storage-21GN'o0-Loou LeeoeOpone 1 ,000u 72000 Allowable Eq uIpment Acquisition Costs Quantity Unit Cost Total Cost ���������� ��� pmmwmopn����wequ4�,ent -- -- Information technoloov Cybemecumyenhancement equipment --- |nteropenableoummunucanons--- - ------- ' --'' ' / equipment --- oete�mn Eq uipme nt '----' �----- _ - | Power -- -����o����� 1UGE -- �����-00'Gswnro=amu45kwGonemmr 1 ' oz.oVu ( ��0ou - ceRwERw�enoa�����m ^ --- -� -_ _ - --_- __-' CORNEmcident Response Vehicles Physical Security Enhancement Equipment Logistics - - Other mum��wdwqu4*nmn costs -- ' ----- u1Qw�o�C (provide description of EOC equipment&supplies) Scanners 5x$350,display monitors 5x$150,shredders 1 3,950 3,950 NT EXPENDITURES ,°"�"v 47 16E2 Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits(EM Personnel) _ Salaries and Fringe Benefits(Contractors and Consultants Develop,Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel Supplies 111.1 Overtime and Backfill ANaVirabia&kakibests Salaries and Fringe Benefits(EM Personnel) Quantity Unit Cost Total Cost Salaries and Fringe Benefits(Contractors and Consultants) Design,Develop,Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill Allowable 4. TOTAL EXERCISE EX Management and Administration Costs _(_p to 5%of total award) Quantity Unit Cost Total Cost Salaries and Fringe Benefits(EM Personnel) • TOTAL EXPENDITURES $110,834.00 REVISION DATE 48 16E1 FY 2020-2021 EMPG AGREEMENT ATTACHMENT A(3)—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 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 Division no later than July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 JuiL30 The Sub-Recipient shall provide the Division with fgli support documentation for the quarterly financial reports. A. The Quarterly Tasks Form 16 is due with your quarterly financial report each quarter.This form Identifies all Emergency Management personnei's required training completed(or working towards completion)as well as quarterly deliverables during the agreement period.The necessary reporting forms are found In Attachment G,Reporting Forms. 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). 49 0 1 6EL FY 2020-2021 EMPG AGREEMENT ATTACHMENT B F ADVANCE PAYMENT Indicate by checking one of the Items JUSTIFICATION elow if y u are requesting an advance.An advance payment under this Agreement is subject to section 216.181(16),Florida Statutes. NO ADVANCE PAYMENT REQUESTED Check here: Payment will be solely on a reimbursement basis.No Additional information Is required. ADVANCE REQUESTED Check here: Advance payment of$ is requested.Balance of payments will be made on a reimbursement basis.Those funds are needed to pay staff,award benefits to clients,and purchase supplies and equipment.Sub-Recipient would not be able to operate the program without this advance. ADVANCE CALCULATION If you are requesting an advance,complete the following chart and tine item Justification below. BUDGET CATEGORY/LINE ITEMS 20 --20 Anticipated Expenditures for First Three (list applicable line items) Months 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 docu mentation 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. 50 O 16E2 FY 2020-2021 EMPO AGREEMENT ATTACHMENT C SS V:e Y �'7 ���yT n »fi.� rt r;. 1 r "?",� r• DY i )) � �,- Pa_ �,� I ^y • #;YS�,T �"4 v�,r :y xy t�u ,,s� Ssrt I IA Ut AEI rij4 4 f�t f pr l r �yt>? 44 �' Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-Recipient, ,certifies, by submission of this document,that neither It nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement,the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub-Recipient's Name Name and Title Division Contract Number Street Address Project Number City,State,Zip Date 51 16Ei FY 2020-2021 EMPG AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Sub-Recipient's financial management system must Include the following: (1) Accurate,current,and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities.These records shall contain information pertaining to grant awards,authorizations,obligations, unobtigated balances,assets, outlays,income,and interest. (3) Effective control over and accountability for all funds,property,and other assets.Sub-Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment.Whenever appropriate,financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Sub-Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade.In order to ensure excellent contractor performance and eliminate unfair competitive advantage,contractors that develop or draft specifications,requirements,statements of work,invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Sub-Recipient,considering the price,quality,and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Sub-Recipient.All bids or offers may be rejected when it is in the Sub-Recipient's interest to do so. 52 I6EC Codes of Conduct. Sub-Recipient warrants the following: (1) The Sub-Recipient shall maintain written standards of conduct governing the performance of Its employees engaged in the award and administration of contracts, (2) No employee,officer,or agent shall participate in the selection,award,or administration of a contract supported by public grant funds if a real or apparent conflict of Interest would be involved.Such a conflict would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest In the firm selected for an award. (3) The officers,employees,and agents of the Sub-Recipient shall neither solicit nor accept gratuities,favors,or anything of monetary value from contractors or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,employees,or agents of the Recipient. Business Hour 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(Monday)through(Friday),and from(times)(f•ppam)to Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Sub-Recipient. • 53 C,`r 16E2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES AND REGULATIONS 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 nct 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, 1978,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 1968 as amended(16 USC 470),Executive Order 11593,and the Archeological and Historical Preservation Act of 1966(16 USC 589a-1 et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of Investigations,as necessary,to Identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 CFR Part 800.8) by the activity,and notifying the Federal grantor agency of the existence of any such properties and by(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 54 16E2 10.It will comply,and assure the compliance of all its Sub-Recipient's 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,O,E,and 0;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 wilt 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. 55 16E2 FY 2020-2021 EMPG AGREEMENT ATTACHMENT F 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 provisions that may be required depending upon the type of contract or subcontract being funded by this Agreement OMB GUIDANCE PT.200,APP.Il: Pt.200,App.it Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A)Contracts for more than the simplified acquisition threshold currently set at$150,000,which Is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U.S.C.1908,must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C)Equal Employment Opportunity.Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 80-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp.,P. 339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." (D)Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition, contractors must be required to pay wages not less than once a week.The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or Sub-Recipient must • be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled,The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)Contract Work Hours and Safety Standards Act(40 U,S.C.3701-3708).Where applicable,all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as 56 16E2 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.0 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 or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of"funding agreement'under 37 CFR§401.2(a)and the recipient or Sub-Recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental.or research work under that"funding agreement,"the recipient or Sub-Recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements."and any implementing regulations issued by the awarding agency. (G)Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.0 7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). (H)Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. 6201). (I)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220)must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR Part 1986 Comp.,p. 1 89)and 12689(3 CFR Part 1989 Comp., p.235),"Debarment and Suspension."The Excluded Parties List System in SAM contains the names of parties debarred, suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J)Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award of$100,000 or more must 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.0 1352. Each tier must 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 non-Federal award. (K)See§200.322 Procurement of recovered materials. 16E2 ATTACHMENT G-REPORTING FORMS FLORIDA DIVISION OF EMERGENCYLIANAGE4IENT. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM BASE GRANT • 2020-2021 EMPG REPORTING FORMS 2020.2021 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INCLUDE:DIVISION Form 1A-Quarterly Financial Report,DIVISION Form 113•Quarterly Tasks, DIVISION Forms 2A&28 Detail of Claims and DIVISION Form 6•Time and Effort(If applicable). '1. These forms are to be submitted to the Division each quarter. '2. Complete Dlvblon Form 1A-Quarterly Financial Report by entering at Information needed to support the claim for reimbursement, sign and date.include a descriptive nertatitie outlining quarterly progress,agents,delays in the section provided. '3. Complete Division Form 18-Quarterly Tasks to support that deliverables and tasks we being completed as required throughout the Perked of performance,sign and date. '4. The Division Form 2A-Detail of Claims&Division Force 20-Detail of Claims(Salaries&Fringe)forms meat accompany the Dive Ion Form 1A-Quarterly Financial Report each quarter. '6. The Division Form 1A-Quarterly Financial Report form must be signed by the grant manager or someone with equal authority. '8. Claims for reimbursement may be submitted by email to the appropriate Division Giant Manager according to apploable region or at the address below. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE,FLORIDA 32309-2100 Attn:(Division Grant Manager) Divslon Fortis 3A•Quarterly Match: '1. The 2020-2021 EIviP)agreement has a 50%Federal and 50%Local match requirement The Division Form 3A•Quarter Mach Form shell be Submitted to the Melon each quarter to Identify non-federal match. The Sub-Reolplent must provide supporting documentation of matching funds(i.e.Inwicea,cancelled checks,credit card statements,earning stelementa,payroll registries, etc.),if using funds other then EMPA re endttures claimed for reimbursement Cost-matching requirements shad be In accordance with 2 C.F.R.part 200,306,Match contributions nest be verifiable,reasonable,allowable,allocable,and necessary under the grant program and nest comply with applicable Federal requirements and regulations. Division Form 4-Stetting Detail '1. List EMPG funded Emergency,Management Agency staff. Provide a total anticipated annual amount of Salaries and Benefits to be paid for each position. Provide the funding distribution amount or percentage In each applicable colurm;local,state.federal,etc. Die form Is due with Quarter 1 submission no later than October 30,2020,whichever occurs first Please provide the DMston updates to this form as necessary. '2. Along with the Division Form 4-Starling Detail,please provide position descriptions for EMPG funded staff. '3. Along with the Division Form 4-Staging Detail,please provide documented tootles for any fringe benefits,incentives or special pay to be claimed through the grant LDlvtslon Form 5•Close Out Report: 1. The Dlvisicn Farm 6-Close Out Report Is duo otthte Sixty(60)days after the period of agreement ends, The 2020-2021 EMPG agreement has a 50%Federal end 50%Local match requirement If tie the EMPG award Is matched with EMPA and/or are less Wan the EMPA award,no additional back-up/supporting documentation Is needed to be provided to the Division.However,if the EMPG award exceeds the EMPA award,or If the Sub Reciplent la not using EMPA axpendlenes foci match,Use appropriate back. up/supporting documentation shall be provided to the Division along with the Form 5-Close Out Report(t.e.invoices,reelepts, cancelled checks,credit card and bank statements,earring statements,paystubs,etc.). '2. The agreement cannot be considered closed until the Division Form 6•Close Out Report has been received end approved by the DlNaion, DIvisten Form 8-Time and Effort: 1. Provide copies of certified timesheete with employee and supeMsor signature documenting hours worked or Division Form 6-Time and Mod.The form must account for 100%of the hours claimed for reimbursement each pewter. Training and Exercise Requirements for EMPG fundedpersoneel 1. All EMPG funded personnel shad complete the Bedewing training requirements and record proof of completion:NIMS Training, FEMA Independent Study(IS)100.IS 200,IS 700,and IS 800.in addition,personnel chap complete either the FEMA Independent Study courses identified el the FEMA Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute(EM)or at a spoirsored Stele,local,tribal,territorial,regional or other desimnaled tocaton.Pertcloaton in at feast three(3)exercises for funded EMPG personnel during the Daiad of Performance. Required documentation to eupport project expenditures: '1. Sub-Recipients shell maintain a grants ir,snciel tile with copies of supporting documentation for all paid proJecvprogrem expenditures claimed during the grant period. Documentation of expenditures claimed for reimbursement through the grant will be reviewed and verified by Olvlslon staff. Acceptable documentation Inekrdes copies of purchase orders end paid vouchers,paid invoices or • canceled checks,emesheets and period vouchers,Journal transfers,credit card and bank statements,etc. These documents should be submitted when requesting reimbursement, '2. Alt claims for reimbursement spat be eubnttit ed an the approved Division Quarterly Financial Reporting forms. Claims not submitted on to proper forms or that are unsupported by proper documentation will not be processed and wit be returned for additional support '3. Please ensure that the docurrentatian subrrilled for review is legible. 4. Please verify form caeuiettons for accuracy before submitting to the Division for reeiew each quarter. 58 O 16E2 ATTACHMENT G—REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT•EMPG BASE GRANT DIVISION FORM IA-QUARTERLY FINANCIAL REPORT AGREEMENT*: CLAIMS: 1 AWARD AMOUNT: QUARTER p: 1 . SUB-RECIPIENT: COUNTY: REPORTING FORMS DUE DATES(3O DAYS AFTER QUARTER) ADDRESS: I- July 1-Sop 30,2020 farts am doe N.Wort en October 30) 2. (Monte 1-Dee.31,2020 (Forms em doe no Lmrthan Jenaby 30) 3• January I-March 31,2021 {Fume am doe notate,than Apo130) POINT OF CONTACT: 4. Apd11.June 30.2021 (Force are dun no later lean July 10) PHONEfEMAIL: BUDGETED CUYULgTUN REMIdNING WAG ALLOCATION CATEGORIES ALI.00AT117N3 QICLAIM Q2CLAIY Q3 CLAIM Q4.CLAIM EXPENDEDFIIND9 BALANCE 1.PLANNING SO.00 ,0 • SO.00 $0,00 2.ORGANIZATION $0.00 • $DCO $0.00 2.EQUIPMENT $0.00 ▪ SO.00 $000 4.TRAINING $000 • SD.0D SOAO S.EXERCISE Saw • SO.00 00.00 e.MOMT AND ADMIN(up tob%( S0.00 • SO.00 50.00 • TOTAL -$0.00. F S0.00. r S0.00 2,0.00` S0.00 . • $0.00 2.0,00 • AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: "•OY Wing the repel.I teddy to the oat o1 my knoxrod3e end oe0e1 the(hareem Is Irue,aonpdae.end accurate,end Iho eepeMlmms,disbursements eltd cash decelpls am far the puryosos end cly'e0thas sal forth In the temp and C0Mebdea1Ilse Portend Iwod.I am nxem thel any Moo ae1Olous,or1mwWtendinbmtelton,a the omission o1 any meads, loot,nwy segect ma to°drawl,Chtl a edrrlistreliw penalties far send,false rbtemeals.false claims or ethanese,MS.Cade 1111e 1e,Section 1001 add Us 31.oat liars 3729-3730 snd 3601-0612)." SIGNATURE: AUTNORREO REPRESENTATIVE DATE -QUARTERLY STATUS REPORT Please report EM activities,meetings,training,exorcises,or other ne0eeeery Information to support quarterly progression. - THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION AWARD AMOUNT DIVISION GATE RECEIVED STAMP PRIOR CLAIMS THIS CLAIM AMOUNT BALANCE OF AWARD 59 • 1 6 E 2 ATTACHMENT G—REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020•2021 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA DIVISION FORM 18-QUARTERLY TASKS RECIPIENT: QUARTER: July 1-Sept.30 Bl organ y Monet aara PPrsosasJ MMS IS 100 MIS IS 200 MMS tS 70D NMS IS a00 psr..°R a..a .+iw Moment a 11 a tet - erEMEmployee Nartr$Posdon Tdk 0 0 a OOgggrppnggalg Q g g p d O O b DELIVERABLES/ASK REQUREMENTS ENTER DATE COMPLETED ORTI ORT 2 QRT3 ORT4 COMMENTS T1:Prodde Dever 6dsbit 4,celFcation d a&A-hme Emerges Matra err Orecta or part-Itre Couttnatr tors kr aslrtatoh Ire swats (01,any updates Q2-04) T1�0 a 19vNer Pea„saKet, Ti.Pra4As Drrson Form 4-Staling Detail and pogrom descriptions(n funded mergency trenager era staff JQ1,any updates Q2.04) 71 Preach a quarterly report as oUtned In Quarterly Reports (Atachreni(A3).(01-04) 71.Prattle ItLtltre Emergency Management Drector's or pal- tare Coordinator's coated afreNeea or Pay sluts(01-04) 72:Ptokie the Didsion Farm 3-Local Budget Mach Requirement(Q2,any updates Q3-04) 72:StMnt a ccpy of Ore current and anprate Courtly Emergency Management Local Budget(General Re eras)incluarg Pe budget sparred date(Q2,any updates Qs04) 72:&rat copy of the local EM general reesue eIcexltre (general ledger)report(Q2.any updates 03-04) T3:Response Capeprises(AcacMmt F)-Maintain current canny wags-icy rte^agm+al and other contacts Itrotyn to Criteria SPerePonl Portal hncobng Covey Dreckr and Aaemaa contacts.(Q3,any updates 04) 13:Response Cadeptace(Attachment F)-lgted current GS eta data la re Gweions SharePora Penal (Q3,any updates Q4) 73:Response Capatrtles(Attachment F-Ilyvoad curers site Ma int WebEOC to rrrluoe Cotner Stagng yeas(CSAs)and Canty Parts d DsdltutOn(PC0s) (Q3,any updates Q4) 73:Atachrrera G-Compete H,mcane Shelter Retrofit hors A-G In tie Norksheel and upload,rt0 AeCEOC no to than March 31, 2021 74:Recrnay Capebilaes(Atachnvnt hi)-'derwty wry polar S Disaster Reno ety Center(DRC)locators and wade lde base Irdanv:m in WebEOC.(04) Sy Vales icy ISe report l candy to Mc bat of rey knowledge and ballet that the report 1st"complete,tercet*rrd the erpsoltures,raaburssnsra red cash receipts,ua for the purpose ar,d eyrWa are forth In at.oocdsans of t„20204021 BUPA SCemenlena SIGNATURE: AUTHORIZED REPRESENTATNE —� PRINTED NAAS Tr1LE: DATE: ATTACHMENT G—REPORTING FORMS (rl 1 D v 16E2 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-EMPG BASE GRANT DIVISION FORM 2A-DETAIL OF CLAIMS SUB-RECIPIENT: INCURRED DATE RANGE:Example'Any 1 hough Sept 30 2020 Pease use separate Doi won Farm 2A- Detail d Clams per alocatiors category Please provide FEMA AEI(unwire la EOUPMENf espandues ONLY. Please prodde a budget revisal to the Deleon gang hilt tas form if ebenses being cloned we not*coated on Ste moat recently appraed fidget Please include tie Cools Incurred Date Range In Ste appicttle cal acme Ths is usuely Sis Oatrterfy period,hoNeAr,a SIOReciplere may incorporate a larger dace range to include a forgotten clam for reimbursement for payment made Ste pecans quarter(wtin Are period or be agreement) This aloee r-e does not circumvent the four(41 moored reporting utxnsaons ALLOCATION CATEGORIES PLEASE SELECT FROM THE UST BELOW CATEGORY: PLANNING DATE OF PAYMENT PAYMENT # MOOR DESCRIPTION OF SERVICE OR EXPENSE FOR SERVICE REFERENCE IPUMMEL Rai P1� /MOUNT tta4 eaatPrMa sea rat OR EXPENSE Owe.r ro:a m Pauaeaq MAO *IN 2 3 4 6 7 e 9 10 11 12 13 14 15 — —� 18 17 18 19 20 --- TOTAL, S • 'ey Etnngars rexefIce,MytIme best ofn.y ilt:40 Lm and befy.t the tie mpct.s thn,"replete Oki and Me eapereflums,daeuaemada and cash receipts an tare*mower and objectives set Are n the terms ern caXEDC,)s d tiu Fe*Nat a,ord I an awe mat es,rage.Adams.oe lraratne,E nrarnanat at Me pnlasw d any mataad fecr,may auped me to criminal dada adnessereve penal*c lr train,oaro statements hese wens n°nerst.-rv3 Code roc r8 Sector 1001 and TVs 31,Sections 3729-3130 and 310r-34t2(• SIGNATURE AUTHORRED REPRESENTATIVE PRINTED NAME: TRLE: DATE: ATTACHMENT G-REPORTING FORMS 6 I O 16E2 FLORIDA DIVISION OF EMERGENCY MNiAGEAENT 2020-2021 EMERGENCY MANAGER VT PE FORIAMOCE GRANT PROGRAM.EMPG BASE GRANT DIVISION FORM 261•DETAIL OF CUAAAI BALARES AND FRINGE BENEFITS SALARY OEFINITION The cash campenaaacn to services rendered by a regular employee in an established position to a specific period of time, SUB-RECIPIENT: CLAD, DOES THS CLAN FOR R£ABURSAENT I4CLUDE EXPENSES FOR ANY PdCENTNES OR SPECIAL PAY? Nets.If this claim trcludes taceolnes or spec,al pay,please;roods FOEM votS Ise omen aalabh,he0 policy br support. li %OF TIE EM EMPLOYEE NAME EM posrnott TITLE CHARGED TO SALARY FRIIGE BENEFITS EAFO t Ezarrple:Jane(Joe EAMPlanner 50% $ 5,000.00 S 1,200.00 3 4 --- — 5 6 7 8 10 11 12 --� 13 14 15 TOTALS S 6,000.00 S 1,200.00 TOTAL $ 8,200.00 'By signing this report.1 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 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 3d01-3810._ SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAAE: TITLE: DATE: ATTACHMENT G—REPORTING FORMS 62 16E2 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-EMPG BASE GRANT DIVISION FORM 3A-Quarterly Match SUB-RECIPIENT: CLAIM#: i QUARTERLY REPORTING PERIOD: July 1 -Sept.30 1.The 2020-2021 EMPG agreement has a 50%Federal and 50%Local match requirement Each quarter the Sub-Recipiect roust idenlrfy the non- federal match on the Quarterly Match Form 3A 2.if the ENPG funds are baling matched with 2020.2021 EM?A claimed expenditures,no additional back-up/supporting documentation Fe required to be submitted with this form. -_-_ 3.If the 2020-2021 EMPG award exceeds the 2020.2021 EMPA award.or if the Sub-Recipient is not using EMPA clamed enenditures to fulfil the EMPG match requirement,appropriate back-up/supponing documentation must accompany this form to support fulfilment of the required match {i.e.Invoices.receipts,paystubs.earning statements,cancelled checks,credit card and bank statements.etc.). EMPO'REp9RTING AWARD AMOUNT: $ EMPG QUARTERLY CLMM CUM.FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 S0 0 r QUARTER 2 $0.00 S0.00 QUARTER 3 S0.00' S0 001 QUARTER 4 $0.00 $0.00 j TOTAL EMPG CLAIMS( S0.00 1 I II EMPA REPORTING AWARD AMOUNT: j S 105,808.00 EMPA QUARTERLY CLAIM CUM.FUNDS EXPENDED REMAINING BALANCE QUARTER 1 SO 00' $105.806 00 QUARTER 2 _ SO 00' S105,806.00 QUARTER3 _ $0,001' $105,806.00 QUARTER 4 $0.00�— $105,806.00 TOTAL EMPA CLAIMS( S0.00 MATCH REPORTING REQUIRED MATCH AMOUNT: $ EPA LOCAL!e-ern-a:P-.crua) LOCAL(Other) OTHER(NcoFederdt QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTALI $0.00 I $0.00 I S0.00 SO 00 TOTAL MATCH I $0.00 "By signing INS report l cadlty10 the test of my kroNedge and bd:et that the repel is fore.complete and occcraro.and the esparxfitures,dsbunemants and cash receipt,ens for the purposes and obfecbues set forth in the terms and car 5txvs of the Federal aunt$I am teem that any false fFtieus,or Ireudulen (nfonma00r1 WOO s kssldll any marginal tact.may subject me to ceseeht curt or a n instrsew penalties for fraud false statements,false claims or alhentisa. SLI S Cods Tile IS Section 1001 and TUN 31,$actions 3729-3730 end 3601-38 t2) SIGNATURE AUTHORIZED REPRESENTATIVE PRINTED NAME TITLE DATE ATTACHMENT G—REPORTING FORMS 63 16E2 fLOROA DIVISION OF EMERGENCY MANAGEMENT 2020402/EMERGENCY MANAGEMENT PERFORMANCE GRANT•MPG BASE GRANT DEMON FORM 4-STAFFER)OETAL EMERGENCY MANAGEMENT AGENCY ANTICPATED SAI.ARRTS AND BENEFITS SUEI-REMENT1 FL Carry TPOITI OF CONTACT:I Jr*Oar.Psnne. I P/O0ElE,L111.:1 123,,2>1234 EMPLOYEE INFORMATION LOCH. STATE MD FB,IERAL TOTAL EYEnpbyes Norm,Poollon TM I $ % % % $ % $ % % % 441,543* TOY&WAN Caro' Clhor EIPA EAPA 21.0 EAFO 11/14P 000 TOY OvvolodIs 4 0644414 Goon.Full Locomi S1tb0M Bow CAN Ste*OttM Ow Groat PYo*. OM Nola Poems 34 IPMAMo%w try perk. O.M P.& MOO (BMet 6141e0 P3e43,e0 (EbM) Fufdt Fulls PI IA Pl 141 IN Ni ID PI 0% t101 I111 i11 1 EXAMPLE Adel 5O051.Roma 40 0 40,00000 0% 0% 50% 020,00000 50% 020.00005 0% 0% 100% 1 s • $ -- -- 13 $ • $ LK o% 5 0 $ _ 4% 1 I • 0 0% e _ $ • 5 • 0% I? 4 • 0 _ 0% o 0 • 0 0% _ $ $ 0% it,'- I • d 3 074 12 0 • 0 0% id 0 I --__� 4% 5 $ • 2 • %0 0% 1) 0 • 0 '• _— 0 0 0% 10 3 0 - 0% 0 0 0% Tara,0 20,044 0 ;20,000m, 001Ob WOO 1 In Ca4nn A1,4104 rums sn1 ocvoon c5.to fvb.e E0P6 Emnpncy A%ng0nm bat 2 in Colon 42.emu N smaet0*Mt puma 1ows4.4dp.n44 b pro Woo*owes ta eacn0*oe4rw, n CtAnn 4.Y 1004 emcybed anu4 armurt 01 Debs eon BoMI to be paid b own EN Poston d !n Colors P411,good w 4n0nj a or.Q.tm(%a 3).wcb 9140,,A.4 c04tn. 5 Cdonn 412 cat..To won d prcalves 440401 b CA4,na4-11 an/nub ebb:160%albw 0_c;ara9 amid Wf,w m tenets ye EN pwtm 5 Pk..prowaibts UHuon lgdebs I levs.4%14en bmuevup,dl0s pu,m of M epsOr.A n ncestuy 7 KM1sbm 4 b be 1114715ed b be Ol4Pa,Erg vs"Tv Ilt 0stla tWYwbn or by 0e540070.201v14714,o,mows 00 64 1 E 2 • ATTACHMENT G—REPORTING FORMS r . FLORIDA DIVISION OF EMERGENCY MANAGEMENT • • - . 2520-202.1 EMERGENCY MANAGEMENT PEREORMANOE GRANT PRGGRAM•BASE GRANT . „ DIVISION FORM 0-CLOSE-OUT REPORT Division FORM •CLOSEOUT REPORT shall be completed end submitted to the Division no later then sixty(SO)days alter the poriod of performance ends.The 2020-2021 period of performance ends on Juno 30,2021. Division FORMS is due by August 30,2021. SUB-RECIPIENT: AGREEMENT#: POINT OF CONTACT: EMPO AWARD AMOUNT: $ • PHONE/EMAIL: UNCLAIMED BALANCE: $ EEMISISAG10 tiMIRPC.ElvFn AY THE 8112SRECIP1ENT (Include say 9theneed Lads 4nd Ink tesidesInd PRIme12) cot mow.. .AuccAnotrokrEofae opEruniffee , • . . 1.PLANNI93 - $ 1 2.ORGANIZATION $ 2 3.kQUPMENT 4.TRAINING • a wnwwww— S.EXERCISE C./9.4291GEMSNT AND ADMIN. 8 AWARD AMOUNT S • (LESS ADVANCED FUNDS) $ (LESS REIMBURSEMENTS) $ UNCLAIMED BALANCE OF AWARD ; The 2020-2021 EMPO obrfferivet Miff!5996pidiffri end 60%Local meth requirement If the EMPO sward is being aidcfiqrf%Rh EMPA, AO iffilifOrrai*k.:o.,p/sOROOrDIO dOOlfiriintififooleteeded to be liro%fgeii i the Di4sion.lf the Ebc'G award e.X0011ae the EMPA sword or Osihg*el funds 10 lne101N tie opPropriste bsOli-bP/irtipParilni documenlalon foilhonsttch hilifinent she!be provided with this idtX3icOscaniteifid ph4elcs,*amino iisteroiffi,jia9rof reciistrfoli,'Aiiii waif,*clierifflef)fitled). ' •• " • .• . EMPA • LOCAL:(GerierS1 Revenue) LOCAL(Other) • OTHER(Non••Poderab TOTAL MATCH ' ' • . SIGNATURE REQUIRED 'fly wiping oar(*Port,InflIty eosin)tag of,ny knowledge and bake,Ind IJle,oporUnfruu,nor/Thud and accinele,adding expendgeren<Bahama:tants and eon reCelkts efla forth*maga=and Weems set long ln:oolongs end CendISIOns of die Pedant anewl.lam aware Mar any Anse,flekden;or naudtdent Ingwmallan, or gm omIsslon of any rnatetfal fee;may subjeci in,to Menne!,clef;or adnenIngekve penalties for frond,false sfetomeans,false claims or ern:mdse. Code 1104 In,SmVen100,and Title 21,Socked,27294220 end ISOl-3812).." SIGNATURE AND DATE: AUTHORIZED REPRESENTATIVE PRINTED NAME MD TITLE- Rah nd*oft,dna!Intl mit chi Cis Cr,due no later than ninety PO)days alter rho explrelion of Ihe'Aprie men! Make cheeks payable to:CA Waist,Florida mvrtloa of Emergency Management Nell to:Florida Olvikon of Emergancy Manapan.unt,2663 ahurnard Oak Blvd.,Tallahassee,Honda 32391.2100,Ann:5/tvialon Grant Manager) • BELOW TO RE COMPLETED BY FDEM: SIGNATURE AND DATE: 0Msion Grant Manager SIGNATURE AND DATE: Didsion Programmatic Reviewer ATTACHMENT G—REPORTING FORMS 65 I"till. I 6 E 2 FLORDA MASON OF 05EROENCT MMNMMNENT 21120.2021 EMEROENCY MWNAGEMENT PERFORMANCE GRANT•EAPO IAN OMANT OMSCHH FORM 5.TIME AND EFFORT My brmla',owl ea to accompany ream.a?rnl cams IA adrift wwwl le Dr rant EMPLOYEE NAVE- QUARTERLY REPORTING PERIM. October 1-0•544205421 PERIOD OASES: IL Iril20 TO 1E3100 CLAIM*. OIM RIlI Wqk 1 EMMA 0 ALLOGT/Ot C/O'W01•f ! • N T W T F WW1I $ N I W I CTIWOM' f Tad TOTM1 1 OROANITATYON 1 4 D 2 MOWS 00I 4 5 1 0 5 10 1 4 ° D 0 } _ - ° - _ - C 0 0 5 0 12 PALM MINA 0 0 4 0 0 d 0 9 0 _ V " 1T M 9 . 0 0 IC PEIILD ONE TOTAL, I PEF100 TwO TOT # 21 Ns ire! We*I WaY; CATIWORY Nl0CATIM/CA1I00114 1 I N T W T F Taw • S M T W T F TW+ I ORGANIZATION 4 5 • it 0 0 ApYT•F'DAW _ _ . 0 6 6 15 10 3 • 0 0 4 " 5 0 } 0 0 O 0 _,0_ 0 • 0 '^) WRY TOTALS 9 0 4 1_ 4 0 0 0 0 I O 9 1 q 0 PERI000KTOTA/„ S PpipCTWO TOTAL, 10 1• Oib Maw WMS 1 Walk; M.200MICM CAT1OORY I It M I W T F Sat/ I I N T W T F Tau/ CATMINT 105*1 1 OROON a 5 WINTI 1 0 • l 2 MONTIA0NFx 0 I 3 0 - 5 I • 1 4 - 0 0 0 0 } 0 0 0 0 0 WILT TOTALS 0 7 0 0 4 4 • 9 _ I P 5 0 0 0 ° 0 + PESCO WM TOTAL~ • P130001WOTOTM, P $0 OW R1iya Wa�51 Writ N10CAIION GAMOW( I I M T W T F TWM I W S M T W T F T. CATlA J 1 I ORGANISATIONS 2 MOW I,AOTSI 5 I 4 0 ° 3 4 0 O 0 4 0 0 S ° 0 , O 9 0 • 0 0 0 O•AL,Tama 4 ' 4 ' 0 0_ 0 0 0 . 0 4 _ 9 T 0 0 0 0 PERIOO ONE TOTAL S PEMOOTWO TOTAL 4 • Oslo Wow 131101 walk1 ALLOCA71COMMCOMMi ! M I W T f TWO S I M T W T CAI000RY I OROAiQA110N F To00 TOTALS . ° 0 2 MONTA NNW s I _ _ 5 0 3 0 I 5 0 6 4 0 6 0 5 9 I 0 0 MAT 5OTM.1 0 D D 00 0 - 0 4 0 0 ' 0 '_4 t 0 4 0- 4 FR1000011 TOTAL, I ►R400TWO TOTAL, ) • Ono PAP'00 1000111 Waa4 2 N 0CATIOM COMM • _ I M T W T F TWO i 1 M T W T F WWI VIALS 1 044476ZATION 0 2 0011T•A05M1 , 4 5 • 0 0 0 4 0 5 S - ° I I .3 _-- ° 0 ..lam 0 0---- pALr TOMB _ 9 _ 4 4 a o 4 0 0 5 P 1 0 0 0 0 ° k$00011E 0 TOTAL" • v P[R00 TWOT0FA4, II A Enpbyr S4nwwa; OAIW N,PankO.Ibnlata. Dew 0y Wm91M rpaf Itroy to eh*NMI atmy MAraNdp1 wd 6•10 K tM•aTNIis trva cont..andlce.VA,dal Ora wpm?tom.OaoaaM,rra Ana 0M0 rrra44 an(w 1.w p.FAwn aI(TFralal III loIR In In.tam,&NcaO44On al t0A FAOrI ward Ian sera tAAr wry Flat 4245544,0 Ow1IS4 Wo,na6a00'Os ann.*I try mSN'IM,sty,ANN ma t00ar0I,owls IOnn,&tnpwWa.lotus( fly.sllamaas,Ids*dams 0,artorwaa f0 S Cob IVAN It Swoon,OM and 0W 31 Sad:m,01192100.I3401J•10x. 66 NECEOVED