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As defined by 2 C.F.R.§200.1,"pass-through entity"means"a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R.§200.1,"Sub-Recipient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program.' As defined by 2 C.F.R.§200.1,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R.§200.1,"subaward" means"an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R.§200.33 Sub-Recipient's name: Collier County Sub-Recipients unique entity identifier(DUNS): 076997790 Federal Award Identification Number(FAIN): EMA-2021-EP-00007 Federal Award Date: 10/01/2020 to 09/30/2023 Subaward Period of Performance Start and End Date: 0711/2021 —06/30/2022 Amount of Federal Funds Obligated by this Agreement: $111,876.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $111,876.00 Federal award project description(see FFATA):The purpose of the Emergency Management Performance Grant(EMPG) Program is to provide federal funds to states to assist state,local,territorial,and tribal governments in preparing for all hazards,as authorized by Section 662 of the Post-Katrina Emergency Management ReformAct 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 93.2881 (42 U.S.C.§§5121 et sea):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 sea.). Name of Federal awarding agency: Department of Homeland Security (DHS), Federal Emergency Management Agency(FEMA),and Grant Proaram Directorate(GPD) Name of pass-through entity: Florida Division of Emergency Management Contact information for the pass-through entity: Nee Edwards (850)815-4340 Assistance Listings Number: 97 042 Whether the award is Research&Development: No(N/A) Indirect cost rate for the Federal award: 1 S 1 6 E7 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. §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, 2021, and will end on June 30,2022, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (12)TERMINATION, of this Agreement 2 16E7 (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 $111,876.00 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 ar 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. (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. 3 0 16E7 (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 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 4 16E7 (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 subd`vision, 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 heren is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT 5 16E7 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 Divisior 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 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: 6 0 16E7 Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected: iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Sub-Recipient to reimburse the Division for 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 th s 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. 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. 7 16E7 (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 200.327 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)(1)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), 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. §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 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: 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 solicitation. 8 16E7 (e) Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R §200.320(a)(2), 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. §200.325,the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 20D.327 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. Wnile 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. Terminate this Agreement in accordance with the provisions outlined in Paragraph (12)above', and, '• li. 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 sha I 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 requirec by 2 C.F.R. §200.319, the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing ful'f and open competition "Accordingly, the Sub-Recipient shall not 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; 9 16E7 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(c), shall not use a geographic preference when procuring commodities or services uncle'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(b)(1)as well as section 287.057(1)(a), Florida Statutes. (k) The Sub-Recipient shall conduct any procurement involving requests for proposals(i.e. proposals)in accordance with 2 C.F.R. §200.320(b)(2)as well as section 287.057(1)(b), Florida Statutes. (I) 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 200.327 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 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 200.327 as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at https://www.fema.gov/media-IibraN-data/1569959172327- 92358d63e00d17639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf ii. 2019 PDAT Contract Provisions Template available at https://www.fema.gov/media-librarv-data/1569959119092- 92358d63e00d17639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf (14) ATTACHMENTS AND EXHIBITS 10 B 16E7 (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)—Propcsed 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—Certification Regarding Lobbying Attachment H— Reporting Forms (15) NOTICE OF CONTACT (a) In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreements 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 FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850)815-4340 Newarsa.Edwards@em.myforida.com 11 16E7 (c) The name and address of Division's Programmatic Reviewer for this Agreement is. Programmatic Point of Contact Kizzy Caban FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850)815-4348 Kizzy.Caban@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 Cultural Pkwy. Suite 445 Naples, FL 34113 Phone: 239-252-3600 Email: Daniel.Summers@colliercounty fl 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- 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. 12 16E7 (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 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 appi cable 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 sec.),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. 13 OC) 16E7 (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 vencor list. (f) Any Sub-Recip ent which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not,within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud cr 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. (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. (j) If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount 14 16E7 (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 1324(a)[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),Florlda 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." (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: 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. 15 CAO 16E ? 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 cf any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. v. If this subgrant agreement amount is$100,000 or more, the Sub- Recipient, and subcontractors, as applicable, shall sign Attachment L—Certification Regarding Lobbying. (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. (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 16411) 16E7 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) STATEMENT OF 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. §2C0.337, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. (b) As required by 20.055(5)(c)and 215.97(5)(b), Florida Statutes, 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 2CFR 200.334, 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 17 1 6 E 7 consultants paid from funds under this Agreement, for a period of 3 years from the date of submission of the final expenditure report. The following are the only exceptions to the 3-year requirement: If any litigation, claim, or audit is started before the expiration of the 3-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 3-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. §200.335, 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. §200.336, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (f) As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. (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 tc governmental agencies and that act on behalf of 18 16E7 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. 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 19 CAO 16E7 (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 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. 20 16E7 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 contractors 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 tc 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 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 21 C9O 16E7 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 I', 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, urless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. (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 bass 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 22 16E7 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. 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 23 1 6 E ? 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. If the Sub-Recipient enters into a contract with a subcontractor for an award of$100,000 or more, the subcontractor shall sign Attachment L—Certification Regarding Lobbying. (33) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS (a) If the Sub-Recipient , witn the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200 321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. (c) The"socioeconomic contracting" requirement outlines the affirmative steps that the Sub- Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. 24 0 16E ? (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"). 25 o4,73 1 6 E7 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED RECIPIENT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set forth below. SUB-RECIPIENT: Collier County By: Penny Taylor, hair (Name and Title) Date: 7 ��cam! 59-6000558 "� Federal Identification Number 076997790 DUNS Number . ...... 9c G0267 4 ' e75, Agreement Number ATTEST stal K. Kirtzei,C rk Attesta % n igan s cig w.4,e only. Approved as to Form and al A. i rd County Attorney . C� ��Cj11 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: (Kevin Guthrie, Division Director) Date: 26 16E7 FY 2021-2022 EMPG AGREEMENT { EXHIBIT 1 —AUDIT REQUIREMENTS ( i 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 recuirements 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-Recipients 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- s 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 Quaierly Reports (Attachment A(3)). (b) In add,tion 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 financia management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. 27 O44O 16E7 AUDITS 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: http://harvestercensus.ciov/fac/collect/ddeindex.html (d) The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: 28 OK) 16E7 DEMSingle_Audit@em.myflorida.com 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)). 29 1 6 E ? FY 2021 -2022 EMPG AGREEMENT EXHIBIT 2—FUNDING SOURCES II. 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 2021 3.The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year(FY) 2021 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 16E7 FY 2021 -2022 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: DEMSingle Audit(r�em.mvflorida corn. Sub-Recipient: COLLIER COUNTY FEIN: 59-6000558 Sub-Recipient's Fiscal Year: 2021 j 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)?EYes nNo fj If the above answer is yes answer the following before proceeding to item 2, I i 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?UYes 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 nNo 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? ®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,qn behalf of Sub-Recipient,that the above representations for items 1 and a4e,correct. ,4:7 a 57-2._r. Signature of Authorized Representative Date Dan E Summers Director, Bureau of Emergency Services Printed Name of Authorized Representative Title of Authorized Representative 3 O�J is I6E7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT A—SCOPE OF WORK GENERAL POLICY The EMPG Program contributes to the implementation of the National Preparedness System by supporting the building, sustaining, and delivery of core capabilities The intent of the EMPG 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 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 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 (Form1 B)will need to be provided each quarter to show completion or progress towards the completion of each task. TASK 1:MATCH A. QUARTERLY MATCH The EMPG agreement has a requirement of 50% Federal share and 50% Sub-Recipients share of the total award amount. 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. Note:An Interim Final Rule indicates that Treasury's ARPA funding is being treated as a grant, and as such cannot be used for cost share purposes. Other Restrictions on Use Payments from the Fiscal Recovery Funds are also subject to pre-existing limitations provided In other Federal statutes and regulations and may not be used as non-Federal match for other Federal programs whose statute or regulations bar the use of Federal funds to meet matching requirements. In order to demonstrate successful completion of task 1 for quarter 1-4,the Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES 32 16E7 • 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; Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due 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. TASK 2: BUILDING AND SUSTAINING CORE CAPABILITIES I. A. NATIONAL INCIDENT MANAGEMENT SYSTEM(NIMS) IMPLEMENTATION In accordance with the (HSPC)-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. In order to demonstrate successful completion of task 2 for quarter 2, the Recipient must submit the following items to the Bureau Chief of Preparedness: DELIVERABLES • NIMS Data Collection Worksheet Local, provided by the Preparedness Bureau, in the month of September,will be submitted electronically by December 01, 2021 to the Bureau Chief of Preparedness; Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA Deliverables Due NA NA Supporting Documentation: The NIMS Data Collection Worksheet_Local. B. LOGISTICS PLANNING—DISTRIBUTION MANAGEMENT PLAN Continuing the requirement from 2020, 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 33 a�� 16E7 • 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. In order to demonstrate successful completion of task 2 for quarter 4, the Recipient must submit the following items to the Division Logistics Section: DELIVERABLES • Provide the updated Logistics Plan Component addressing the following. • Resource Ordering • Distribution Methods • Inventory Management • Staging areas • Transportation • Demobilization ! l Reporting Requirements (Quarter 4). Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA NA NA Deliverables Due — I i 1 Supporting Documentation: Submission of draft plan for review by Division Logistics Section no later than June 30, 2022. 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. 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. In order to demonstrate successful completion of task 3 for quarter 4, the Recipient must submit the following items to the Staff Development Training Consultant: DELIVERABLES • The County 2023-2025 IPP by February 1,2022 and submit to Ivy Baker, Staff Development Training Consultant at email: Ivv.Baker(a7em.mvflorida.com Phone: (650)815-4306. I'. Reporting Requirements: 34 0") 16E7 Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA NA Deliverables Due NA Supporting Documentation: Submission of IPP by Division Training and Exercise Section not later than February 1, 2022. 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. In order to demonstrate successful completion of task 3 for quarter 1-4, the Recipient must submit the following items to the Divisions Salesforce system: 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 • Provide the percentage of completed training and exercise activities listed on the current IPP; Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due NOTE: Additional course completion documentation is required only if; new personnel are listed on the Staffing Detail Form. FY 2021 -2022 EMPG AGREEMENT ATTACHMENT A(1) 35 16E7 ALLOWABE COSTS AND ELIGIBLE ACTIVITIES—BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2021 EMPG Funding Guidance allowable costs are divided into the following categories: Planning, Organization,Equipment,Training, Exercise,and Management and Administration. i 1 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 i! 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 Pans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning {i{ • 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. 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) • Office Supplies/Materials • IT Software Upgrades • Memberships 36qi) 1 6 E 7 • 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 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. C. EQUIPMENT 37 1 E7 Allowable equipment categories for the EMPG Program are listed on the web-based version of the Authorized Equipment List(AEL) at https.//wwwlema.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 equipmen: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. 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. is tG 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. D. TRAINING 38 rli'J 16E7 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 (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Basic Academy Professional Development Series Basic Academy Pre-requisites and Courses • IS-120.a An Introduction to Exercises IS-100 (any version) Introduction to the Incident Command System IS-230.d Fundamentals of Emergency IS-700 (any version) National Incident Management Management System (NIMS)-An Introduction IS-235.b Emergency Planning , IS-800 (any version) National Response OR Framework, An Introduction on 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 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 induce 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 S. 39 . 16E7 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. 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. 40 16E7 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. 41 16E7 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/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)(o), 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. 42 16E , E. EXERCISES Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established .n a jurisdiction's THIRA for the core capabi'ities 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.Fu'il 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 imited 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 sha I 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. ( a'4') 43 1 6 E- 7. 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 (EXP LAN), After-Action Report/Improvement Plan(AAR/1P)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). F. MANAGEMENT AND ADMINSTRATIVE(M&Al 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 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 ►April 2019 Page 19 library/assets/documents/90195, and further EHP guidance can be found at https://www.fema gov/media- library/assets/documents/118323. C. CONSTRUCTION AND RENOVATION 44 16E Construction and renovation projects for a state, local, territorial, or Trbal governments 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 fcr EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Just fication (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-C1-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must oe submitted no later than 12 months • before the end of the period of performance. EHP review packets should be sent to gpdehpinfo{c�fema goy. 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.qov/whd/govccntracts/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 If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the 45 0 s • • 16E7 noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following steps may be taken: (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow(that is, deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. 46 16Ei FY 2021 -2022 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 AGREEMENT: G0267 1. PLANNING $0 2. ORGANIZATION $0 3. EQUIPMENT $111,876.00 4. TRAINING $0 5. EXERCISE $0 6. MANAGEMENT AND ADMINISTRATION $0 7. TOTAL AWARD $ 111,876.00 FY 2021-2022 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 Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $0 Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 16E7 Utilities(electric, water and sewage) Service/Maintenance agreements Supplies/Materials Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES S0 Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Towable Variable Message Boards 04AP-03-ALRT 2 16,000 36,000 Lg Touch Screen Monitor for EOC 04MD-03-DISP 1 14,000 14,000 Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment 45KW Generator 10GE-00-GENR 1 27,000 27,000 CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Mobile Storage Bins 19MH-00-CONT 20 800 16,000 Inflatable Lightweight Shelter 19SS-00-SHEL 2 9,438 18,876 Other authorized equipment costs 21GN-00-OCEQ -EOC Equipment&Supplies (provide description of EOC equipment&supplies) TOTAL EQUIPMENT EXPENDITURES $111,876 Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 1b [ 7 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 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 Quantity Unit Cost Total Cost (Up to 5%of total award) Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $111,876.00 REVISION DATE: 16E7 FY 2021 -2022 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 j July 30 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). D. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. §200.338, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. FY 2021 -2022 EMPG AGREEMENT 50 16 [ 1 ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of S is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff,award benefits to clients,duplicate forms and purchase start-up supplies and equipment. We would not he able to operate the program without this advance. If you are requesting an advance, complete the following chart and line Item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2021 Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: 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,but is not limited to the following: 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) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS* Signature of Sub-Recipient/Subcontractor's Authorized Official Date: Name and Title of Sub-Recipient/Subcontractor's Authorized Official FY 2021 -2022 EMPG AGREEMENT 51 I6E7 ATTACHMENT C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub-Recipient's Name Name and Title Division Contract Number Street Address Project Number City, State, Zip Date 0 52 16E7 FY 2021 -2022 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 wel. 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. 53 � 6E % 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 ( 5:00pm). 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. ($0 54 1 6 E ? FY 2021 -2022 EMPG AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES The Sub-Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also,the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. seq.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General,through any authorized representative,access to and the right to examine all records, books, papers, or documents related to the grant 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements,and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA 8. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234 87 Stat 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975,the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use In any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470),Executive Order 11593,and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by(a)consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary,to identify properties listed in or eligible for 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. T 55 I 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. 56 �p 16Ed FY 2021 - 2022 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 following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:1 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, 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 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 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 1 For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub- recipient may include the provision in its subcontracts. 57 I o / standard work week of 40 hours. Work it 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. 7401-7671q)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) 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. (I) 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. (J)See§200.323 Procurement of recovered materials. (K) See§200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See§200.322 Domestic preferences for procurements (Appendix 11 to Part 200, Revised Eff. 11/12/2020). FEMA created the 2019 PDAT Contract Provisions Template to assist non-Federal entities. It is available at https://www.fema.gov/media-librarv-data/1 5699591 1 9092- 92358d63e00d17639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf. Please note that the sub-recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. §200.326 and 2 C F.R. Part 200, Appendix/1. FY 2021 -2022 EMPG AGREEMENT ATTACHMENT G 58 16E7 CERTIFICATION REGARDING LOBBYING Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200,Appendix 11(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ❑ This Certification is not required because the Contract, Grant, Loan,or Cooperative Agreement will be less than $100,000 APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 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 S100,000 for each such failure. The Sub-Recipient or subcontractor, ,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 59 16E7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM•BASE GRANT 2021-2022 EMPG REPORTING FORMS 2021-2022 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 Diusion each quarter. '2. Complete Division Form 1A-Quarterly Financial Report by entering all information needed to support the claim for reimbursement,sign and date.Include a descnptive narrative outlining quarterly progress,events,delays in the section provided. '3. Complete Division Form 18-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 28•Detail of Claims(Salanes&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 Dy the grant manager or someone with equal authority. '6. Deliverables and Claims for reimbursement may be submitted via Salesforce or by email to the approp'ate Diusion Grant Manager according to applicable region. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE,FLORIDA 32399-2100 Attn (Division Grant Manager) Division Form 3A•Quarterly Match: '1. The 2021-2022 EMPG agreement has a match requirement of 50%Federal share and 50%Sub-Reciplent share of the total award amount The Division Form 3A-Quarter Match Form shall be submitted to the Division each quarter to Identify non-federal match amount. 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 kinds other then EMPA expenditures claimed for re mbursement. Cost-matching requirements shall be in accordance with 2 C.F.R.part 200.306 Match contributions must be venfiab e, 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 ano Benefits to be paid for each position. Provide the fundng 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 30,2021,whichever occurs first.Please provide the Division updates to this form as necessary '2. Along with the Division Form 4-Stating Detail,please provide position descriptions for EMPG funded staff. '3. Along with the Division Form 4-Staffing Detail,please provide documerted 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 2021-2022 EMPG agreement has a match requirement of 50%Federal share and 50%Sub-Recipient share of the total award amount If the the EMPG award is matched with EMPA anchor are less than the EMPA award,no additional track-up/supporting documentation is needed to be provided to the Diusion However.if the EMPG award exceeds the EMPA award,or if the Sub-Recipient is not using EMPA expenditures for match,the appropnale back-up/supporting documentation shall be provided to the Division a ong with the Form 5-Close Out Report(i.e.invoices,reclepts,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 timesneels with employee and supervisor signature documenting hours worked or Division Form 6- Time and Effort.The form must account for 10C%o'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'00,and IS 800 In addition,personnel shall complete ether the FEMA Independent Study courses identified in the FEMA Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Managemert Institute(EMI)or at a sponsored State.local,tribal,temlonal,regional or other designated location.Participation in al least three(3)exercises for funded EMPG personnel dunng the panod of performance. Required documentation to support project expenditures' '1. Sub-Recipients shall maintain a grant/financial file with copies of supporting documentation for air 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 '2. All claims for reimbursement shall De submitted on the approved Division Quarterly Financial Reporting forms. Claims not submitted on the proper forms or that are unsupported by proper documentation wit nor be processed and will be returned for additional support. '3. Please ensure that the documentation submitted ter review is legible. '4. Please verify form calculations for accuracy before submitting to the Diusion for review each quarter �O 60 I E11 FY 2021 - 2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT-EMPG BASE GRANT DIVISION FORM IA-QUARTERLY FINANCIAL REPORT AGREEMENT a: CLAIM#: 1 AWARD AMOUNT: QUARTER 8. 1 SUB-RECIPIENT: COUNTY: REPORTING FORMS DUE DATES(30 DAYS AFTER QUARTER) ADDRESS: 1- July I-Sent 30.2021 (Forms are due no later than October 30) 2- October 1-Dec 31,2021 (home are due no later than January 30) 3- January 1-March 31,2022 (Forms are due no later than Apnl 30) POINT OF CONTACT: 4- 1-June 30.2022 (Fame are due no later then July 30) PHONE/EMAIL: EMPG ALLOCATION CATEGORIES BUDGETED CUMULATIVE REMAINING 01 CLAIM 02 CLAIM Q3 CLAIM Q4 CLAIM ALLOCATIONS EXPENDED FUNDS BALANCE r 1.PLANNING $0.00 $0 o0 $0.00 r 2.ORGANIZATION S0.00 ED.00 $0.00 ✓ r 3.EQUIPMENT S0.00 SO 00 $0.00 4.TRAINING S0.00 ▪ E0.00 E0.00 ✓ r 5.EXERCISE S0.03 $0.00 S0.00 6.MGMT AND ADMIN(up tob1) $0.00 • $0.00 $0.00 TOTAL SO 00 r S0 00 "" $0.00 h S0.00 a SO 00 $0.00 $0.00 AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: "By signing the report,I certify to the best of fry xnow ledge old belief that the report is true,conprete,and accurale,and Me expendtures,ttsburserrents and cash receipts are I or me purposes and objectives set firth at the tern end conditions of the Federal award I amaw are that any false,fictitious,or Prat distant nterrnalon.or the mission of any malarial fact,nay sub)ect na to criminal.crv:or aarrostrahwe pewees for tram,false statements.false clams or cmerwrse.I U.S Code line 1e. Section 1001 and Trite 31.Seobons 3729-3730 and 3801-3812).- SIGNNATURE: AUTHORIZED REPRESENTATIVE DATE QUARTERLY STATUS REPORT Please report EM activities.meetings,trainrlg,exercises,or other necessary intarnation to support quarterly progression. THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION AWARD AMOUNT DIVISION DATE RECBV®STAMP PRIOR CLAIMS THIS CLAIM AMOUNT BALANCEFC1k2Of -2022 EMPG AGREE MENT ATTACHMENT H-REPORTING FORMS 61 1 6 E 7 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT- EMPG BASE GRANT DIVISION FORM 1B-QUARTERLY TASKS SUB-RECIPIENT: QUARTER: July 1-Sept.30 Poresstoea Meanie Emergency EMPG Emergency Management Personnel NIMS IS 100 NIMS IS 200 NIMS IS 700 NIMS IS B00 Canteen-en! OR Managerrem Serbs bu.e Arad(pM r, otNIa v Stry m y ry In sr EM Employee Name I Position.Tale cc CZ F F Cr F CC CZ ¢F CC F 0 0 0 0 0 a o 0 0 00 a a a a 0 0 0 0 a 0 0 0 ENTER DATE COMPLETED DELIVERABLES/TASK RFOUIRFMENTS OTR 1 OTR 2 I OTR 3 I OTR 4 COMMENTS T1:Submit Division Form 3A-Quarterly Match to Identity the non Use for explanation that federal match amount.For Ihcae sub-recipients using local funds. l supports?raining I Eiaruae supporting documentation is required with the form to support progression. match amount reported(Due 01-04) T2:NIMS Data Collection Worksheet_Local,prowled by the Preparedness Bureau in the month of September,must be j submitted electronically by December 1,2021 to the Bureau Chief of Preparedness(Duo 02) T2.Submit a draft of the updated Logistics Plan ror review by the Division's Logistics Section by Juno 30,2022 (Due 04) T3 Submit the County 2023-2025 PP to Ivy Baker at Ivy.Bakertom,myforida corn by February 1,2022(Due 03) T3 Provide Division Form 4-Staffing Detail for all Moved EMPG personnel(Due 01,updates If necessary 02-04) T3:Provide training transcripts for EMPG funded personnel listed on Division Form 4-Staffing Detail.If certificates are uploaded into SERT TRAC,the Division's Grant Manager will request a copy from the TIE Unit.(Due 01,updates If necessary 02.04) T3:Provide sign in sheet or certificate of participation in at bast three(3)exercises for funded EMPG personnel dialog the pe'iod of pedoimance.(Due 01.04) T3:Provide the percentage of completed Ire ring end exercise activities listed on the current Iraegreted Preparedness Plan(IPP) (Due 01-04) "By signing this report.I certify to the bester my anomedge and ballet that the report is true,complete and accurate,and the expenthtures disbursements and cash receipts are for the purposes and oblediues se(form in the terms and condllrbns oftire Federal award I ern aware that any(alse dc0dous,or fraudulent Information, or the omission of any metenal fact.may suoject me to comma',civil or admMistradve penalties for haud,false statements taise claims orolheriwse.(US Code Tide 18,Seceon 1001 and Tide 31,Sections 3729-3730 and 3801-3812)- 51GNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: FY 2U21 -2022 EMPG AGRttMENT ATTACHMENT H-REPORTING FORMS 62 16E7 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM•EMPG BASE GRANT DIVISION FORM 2A-DETAIL OF CLAIMS SUB-RECIPIENT: INCURRED DATE RANGE: Example July'8vougn Sept.30 2021 Please use separate Ddsion Form 2A• Detail of calms per ellocalion category Please pronto FEMA AEL numbers tor EQUIPMENT expenditures ONLY. Please prodde a budget reason to the Ddston along with This form,it expenses being claimed are not allocated on the most recently approved budget Please include the Coals Incurred Dale Range in the applicable cell above. This is usually the quarterly paned,howe'er.a Sub-Recipient may incorporate a larger dale range to incinee a torgollen claim ter relmoursement for a paymen'made the predous quarter(wtMm Ire pentx)of the agreemernt). This allowance does not circtamrent the lour(4)required reposing submissions ALLOCATION CATEGORIES PLEASE SELECT FROM THE LIST BELOW CATEGORY: PLANNING DATE OF PAYMENT PAYMENT PURCHASE FEMA Ana N VENDOR DESCRIPTION OF SERVICE OR EXPENSE FOR SERVICE REFERENCE N AMOUNT (N'A a oqupnnnl w as not OR EXPENSE tOWLx P.R3.°cr.JI) purchasedi (hale*NI date) 1 2 3 4 5 8 7 8 10 11 12 13 14 15 15 17 18 19 20 TOTAL "By signing This report.I certify to the best or my 4nmNedge and babel that the report is In as.romp**.and accurate.and the expenditures,disbursements and cash receipts are for the purposes and objectives set lost in the Minis and conditions of die Federal shenl.I am mere Mal any false scdmus.or fraudulent information,or the omission shiny malarial fact,may subjeci me to criminal,crwl or admmrarrahve penances ter fraud false aretemenls False clams orothensiae.(U S.Code Tide 18,Section 1001 and Tine 31,Sections 3729-3730 and 3801-3812)' SIGNATURE. AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS 63 I6E7 FY 2021 -2022 EMPG AGREEMENT FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-EMPG BASE GRANT DIVISION FORM 2B-DETAIL OF CLAIMS SALARIES AND FRINGE BENEFITS SALARY DEFINITION: The cash compensation for senmces rendered bya regular employee to an established position for a specific period of time. SUB•REC I PIENT: CLAIMN: DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? I Note:1 this claim nckieles incentives or special pay.please provde FDO.A w ith the written established policy for suppo-t %OF TIME EM EMPLOYEE NAME EM POSITION TITLE CHARGED TO SALARY FRINGE BENEFITS EMPG I 1 Example:Jane Doe EM Planner 50% $ 5,000.00 $ 1,200.00 2 3 4 5 6 7 9 10 11 12 13 14 15 ♦ • TOTALS $ 5,000.00 $ 1,200.00 ♦ TOTAL $ 6,200.00 'By signing this report,I certify to the best of my knovNedge end 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: • r; 64 16E7 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 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 2021-2022 EMPG agreement has a match requirement of 50%Federal share and 50%Sub-Recipient share of the total award amount,Each quarter the Sub-Recipient must identify the non-feoeral match amount on the Quarterly Match Form 3A 2. If the EMPG funds are being matched with 2C21-2022 EMPA claimed expenditures,no additional back-up/supporting documentation is required to be submitted with this form 3.If the 2021.2D22 EMPG award exceeds the 2021-2022 EMPA award,or it 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 fulfillment of the required match(i e.invoices,receipts,pays tubs, earning statements,cancelled checks,credit card and bank statements,etc.). EMPG REPORTING AWARD AMOUNT: $ B0,000.00 EMPG QUARTERLY CLAIM CUM.FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00' $80,000.00 QUARTER 2 $0.00 I $80,000.00 QUARTER 3 $0.00► — $80,000.00 QUARTER 4 $0.00' $80,000 00 TOTAL EMPG CLAIMS I $0.00 EMPA REPORTING AWARD AMOUNT: $ 105,806.00 EMPA QUARTERLY CLAIM CUM.RJNDS EXPENDED REMAINING BALANCE QUARTER 1 _ $0.00' $105,806.00 QUARTER 2 $0.00" $105,806.00 QUARTER 3 $0.00 P $105,806.00 QUARTER 4 $D.00/r $105,806 00 TOTAL EMPA CLAIMS $0.00 MATCH REPORTING REQUIRED MATCH AMOUNT: $ 40,000.00 EMPA LOCAL(Genera Revenue) LOCAL(Other) OTHER(Non-Federal) QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL! $0.00 $0.00 I $0.00 I $0.00 TOTAL MATCH I $0.00 "By signing this report,I certify to the best of my knovedge 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 Me Federal award.lam aware that any false,fictitious,or fraudulent information.or the omission of any materiel fact,may subject me to criminal,civil or administrative penalties for fraud. false statements,false claims or otheriwse.(U.S.Code Title 18,Section 7007 and Title 31,Sections 3729-3730 and 3801-3812)." SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME TITLE: DATE 65 16E7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021.2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT-EMPG BASE GRANT DIVISION FORM 4-STAFFING DETAIL EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES AND BENEFITS SUB•RECIPIENT:1 FL Canty 1 POINT OF CONTACT:1 Jne Coe Playoff 1PHONEMEMAIL:1 123.123.1234 EMPLOYEE INFORMATION LOCAL STATE AND FEDERAL TOTAL EM Employee Name.Position Title a S % % % I $ % 6 % % % Fits Meek Total Salaries County Other EMPA EMPA EMPG EMPO HMGP Other Total Devilled to I.Benefits Serving Fund Local Base Grant Base Grant Base Gant Base Gram PtannigGranl smear Federal Ali EMAcbvibas by Position (Loco() Fields (Stale) (Stale) (Federal) (Federal) (State) Funds Funds 111 121 131 141 151 161 11) IN (81 1101 1t11 1121 EXAMPLE John Smith.Planner 4C S 40.00000 0% 0% 50% 520,000.00 60% 520000 00 0% 0% 100% 2 5 - $ • 0% 1 S - S 0% 4 S - $ - i 0% 5 6 - i 0% 6 ---�----- S 5 0% • 7 5 • 6 - _.---- 0% 9 S - $ • 0% 9 5 • 5 0% 10 5 $ - 0% II S • S - 0% 12 $ • 6 - ---- 0% 13 $ - S - 0% 14 5 - $ - 0% 15 $ • S 0% 6 I S S 0% 17 5 - S - 0% _ 18 IS 5 - 0% 19 $ • 5 - 0% 20 5 • 5 - 0% TOTAL 520.00000 $20,000.00' O1eEGnONs: 1.In Column II,net the nemm and position Mlle lee eroded EMPG Emergency Management sad 2.In Column a2,enter the amount of anticipated boon naked per week br pant Waled ac0Mllee IX each EM position. 3.M Column 113.tool Intel anticipated annual amount al Salaries and Beattie to be pea la each EM position. 4.in Columns 94-f 1,proude tie Malmo del alollon IN no$1 In ash appe0We cdumr S.Column 1/12 calculates the sum el percentages mined in Colman 4-11 and must edge 103%o1Me anticipated arum'mimes and benefits per FM position. 6.Please proude to the OMaion updates or muttons to this earn Ihrouyrout Use scrod of lne agreement,as necessary. 7. This tore Is to be aunndhed to the OMelon elon0 with the 1st Quarter submission.or by Octobtr 30.2021.whichever occurs In:. rAO 66 16E7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-BASE GRANT DIVISION FORM 5-CLOSE-OUT REPORT Division FORM 5-CLOSEOUT REPORT shall be completed and submitted to the Division no later than sixty(80)days after the period of performance ends.The 2021-2022 period of performance ands on June 30,2022. Division FORM 51s due by August 30,2022. SUB-RECIPIENT: AGREEMENT f. POINT OF CONTACT: EMPG AWARD AMOUNT: S - PHONE/EMAIL: UNCLAIMED BALANCE: S - REIMBURSEMENTS RECEIVED BY TIE SUB REORENT Include any advanced funds and final requested payment) ALLOCATION CATE--GORES IXPEhOITURES DATE AhDtRJT 1.RANNNG $ 1 S - 2 ORGANZATIDN 3.®11R ENT $ 3 b - a.TRAINING S A S - 5.ELERCISE S - 5 $ - 6 MA NAGEMENT AND ALMN $ . B $ - 3 F - AWARD AMOUNT S - (LESS ADVANCED FUNDS) $ - (LESS REIMBURSEMENTS) S • UNCLAIMED BALANCE OF AWARD $ • The 2021.2022 EMPG agreement has a match requirement of 50%Federal and 50%Sub-Recipient sham of the total award amount.If the EMPG award is being matched with EMPA,no additional back-up/supporting documentation is needed to be provded to the DMsion If the EMPG award exceeds the EMPA award or using local funds for match,the appropriate back-up/supporting documentation for the match fulfillment shall be prodded with this form(I.e.Invoices,cancelled checks.earning statements,payroh registries,with amounts clearly Identified) CMPA LOCAL(Genera!Revenue) I -OCAL(Other) OTTER(Non-Federal) TOTAL MATCH SIGNATURE REQUIRED "By signing this report,I certify to the best of my knoWedge and belief that the report Is true.complete,and accurate,and the egpenditurea disbursements end cash receipts ere for the burpeas end objectives set forth In the tamarind conditions of the Federal award l err mere that any false,fictitious,or fraudulent information,or the omission of any malarial fact,may sub/eat me to criminal.civil or adml nfstretl re penalties for fraud,tale,statemmns false claims or otherrdse.(U.S.Coda Tifl 819 Section 1001 end Title 31,Sections 2729-3730 and 3101-3812)." SIGNATURE AND DATE AUTHORIZED REPRESENTATIVE PRINTED NAVE AND TITLE Refund and/or final Interest checks are due no later than ninety(90)days titer the expiration of the Agreement. Make checks payable In.Cashier,Florida revision of Emergency Management Mall to:Florida Division of Emergency Management,2555 Shumard Oak Blvd.,Tilts ,Florida 32399-2100,Alin (Division Gant Manager) BELOW TO BE COMPLETED BY FDEM: SIGNATURE AND DATE- Division Grant Manager SIGNATURE AND DATE- Dlusion Programmatic Reviewer 67 6 E 7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021.232Z ENEFIGENCY MANAGEMENT POD ONMANCE GRANT•EMPG SASE GRANT OW SIO/i IORM 5•ItUL ANG EFFORT Thls form Is re5dte0 to accompany talmborMmenl clalnts Im MMr*s charged to the grant EMPLOYEE NAME: OLIARTERLV REPORTING PERIOD Odebor1-DaeenWr31 PERIOD DATES: 1W111021 TO 12/3131 CLAIMS: Date Rang Week 1 1199119 CATEGORY ALLOCATION CATEGORY 0 S 1A 7 W T F Teb1 S S M T W T F Total TOTALS 1 ORGANIZATION r a 4 0 a 7 MONT S ADMIN 6 5 6 1 10 1•, 3 0 0 0 4 0 0 0 6 0 12 t2 12 DAILY TOTALS 0 0 4 0 5 0 0 0 0 I 11 9 0 0 PERIOD ONE TOTAL 9 PERIOD OWO TOTAL 0 31 I Date Range W eok 1 Week 2 CATEGORY ALLOCATION CATEGORY 5 6 M 7 W T F Total I 0 M 7 W T F Total TOTALS 1 ORGANIZATION 4 5 9 0 9 2 MONTI ADMIN 9 0 6 5 10 is 3 0 0 0 a 0 9 0 s _. 0 0 0 6 0 0 0 ONLY TOTALS 0 C 4 5 1 0 0 0 5 6 0 0 0 0 0 PERIOD ONE TOTAL 0 Ptl000TWO TOTAL 10 I 19 Oslo Fb5O. WOA6 I T We.*2 CATEGORY ALLOCATION CATEGORY S B M T W 1 f Total S 0 M T W T F 101a1 TOTALS 1 ORGANIZATION 4 5 0 0 g 2 MOMT/MIME/ 0 a 6 0 9 3 0 0 0 4 0 0 0 5 0 0 0 5 0 0 0 DAILY TOTALS 0 0 0 3 4 5 0 0 4 0 5 0 0 0 PERIOD ONE TOTAL 9 PERIOD TWO TOTAL 0 /6 Date Range Weer 1 Wok 2 CATSOORY ALLOCATION CATEGORY 3 I u T W T F TOM • 3 M T W T F Total TOTALS 1 OROANIlAIION 0 0 0 2 MOARI AOMIN 5 _ 5 4 4 9 3 _ 0 0 0 p 0 D 0 6 0 0 0 • 6 0 D 0 DAILY TOTALS 0 0 C 5 0 C 0 0 4 0 0 0 0 C PERIOD ONE TOTAL 6 PERIOD TWO TOTAL 4 0 Date Naive Weet 1 Weak 2 CATEOORT ALLOCATION CATEGORY $ S M 7 V/ 7 1 TOM 5 5 M T W T F Total TOTALS 1 OIAN62AT1ON 0 0 0 2 MOAITLAOMIN a 4 0 3 0 6 5 5 e 0 5 0 5 0 0 0 6 — 0 0 0 ONLY TOTALS 0 0 0 0 0 4 0 0 0 5 0 C 0 0 PERIOD ONE TOTAL 4 PERIOD TWO TOTAL 0 0 Date Range Weal I blew 0 CATEGORY ALLOCATION CATEGORY • 0 N T W T F TObI 0 3 Al T W T F TOM TOTALS 1 ORGANIZATION 0 0 0 2 MOfATI ADMIN 4 6 9 0 9 3 0 1 6 5 6 4 0 I 6 0 5 0 0 C 6 0 0 0 DAILY TOTALS , 0 0 0 4 0 5 0 0 S 0 0 0 I 0 0 P0000 ONE TOTAL 9 I PERIOE TWO TOTAL 11 20 Employee Signature. Dab: SNp0rWor SI550SNA: pale: By0lpnplNs re2ae.1OMsy to 144 HE AI ae Aaa04400e NO easel Ow lot spar rr bee eom0M.And rcvaa VW MAe0iodlu2O.A454,4440011t AM eaak.OnPts w APYMPIp0a00 a0A a6PNNas AIM AMh in the toms and con hone of 15.Fears/e4440 Ian sew IIa*anyhhO.6elbnu0 0,120084N0 mfam06on ed 100 anN0ai of ary mnln&bcf.my M•lool Mato 45a0001,CA Tv 4004404004140 peat.b hold, Iwo 01410m0Ns.!me clam,et Phew.*(U S Cm*tins 10 Sacimn 1001 and Tllb 31.35110ns 37294r30 and 3g1.012, 68 CAO 1 6E 7 Teresa L. Cannon From: BoniChristine <Christine.Boni@colliercountyfl.gov> Sent: Wednesday, September 15, 2021 7:32 AM To: Teresa L. Cannon Subject: FW: FY21 EMPG Executed Agreement G0267 Attachments: Collier County FY21 EMPG G0267.pdf Teresa, Please see the attached fully-executed agreement for Item 16E7, 7/13/21. I am still waiting on item 16E6. Respectfully, Christine Boni Sr.Accountant Coi er County Emergency Management IC LI 8075 Lely Cultural Pkwy,Suite 432,Naples FL 34113 Phone:239-252-3617 Cell: 239-601-1606 Fax:239-252-6769 or Nihau FINyOVIG ‘clav ME v From: Edwards, Newarsa <Newarsa.Edwards@em.myflorida.com> Sent:Tuesday, September 14, 2021 4:23 PM To: BoniChristine <Christine.Boni@colliercountyfl.gov> Cc:SummersDan <Daniel.Summers@colliercountyfl.gov>; Caban, Kizzy<Kizzy.Caban@em.myflorida.com>;Jenkins, Chanda <Chanda.Jenkins@em.myflorida.com> Subject: FY21 EMPG Executed Agreemetn G0267 EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Afternoon Christine, Please see the attached executed copy FY21 EMPG Agreement G0267. If you have any questions, please contact me. Thank you, i 1 b ► Agreement Number: G0267 FEDERALLY-FUNDED SUBAWARD GRANT AGREEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT 2 C.F.R.§200.1 states that a"subaward may be provided through any form of legal agreement,including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R.§200.1,"pass-through entity"means"a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R.§200.1,"Sub-Recipient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.1,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.1,"subaward"means"an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.33 Sub-Recipient's name: Collier County Sub-Recipient's unique entity identifier(DUNS): 076997790 Federal Award Identification Number(FAIN): EMA-2021-EP-00007 Federal Award Date: 10/01/2020 to 09/30/2023 Subaward Period of Performance Start and End Date: 07/1/2021 —06/30/2022 Amount of Federal Funds Obligated by this Agreement: $111,876.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $111,876.00 Federal award project description(see FFATA):The purpose of the Emergency Management Performance Grant(EMPG) Program is to provide federal funds to states to assist state,local,territorial,and tribal governments in preparing for all hazards,as authorized by Section 662 of the Post-Katrina Emergency Management Reform Act 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(GPO) Name of pass-through entity: Florida Division of Emergency Management Contact information for the pass-through entity: Nee Edwards (850)815-4340 Assistance Listings Number: 97.042 Whether the award is Research&Development: No(N/A) Indirect cost rate for the Federal award: t ) S i bL 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. §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, 2021, and will end on June 30,2022, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (12)TERMINATION, of this Agreement. 2 1 6E (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 $111,876.00 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. (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. 3 1 6E 7 (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 iii. 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 4 1 6E 7 (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 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 5 0 16E? 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 mall, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph(3)herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; (e) Exercise any corrective or remedial actions, to include but not be limited to: 6 O 1 6E 7 Request additional Information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance; II. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; III. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; • ( iv. Require the Sub-Recipient to reimburse the Division for costs incurred for any Items determined to be ineligible; I ' (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. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice wilt 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. 7 0 7 1 6 E (13) PROCUREMENT (a) The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement compiles with all applicable federal and state laws and regulations,to include 2 C.F.R. §§200.318 through 200.327 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)(1) or procurements by small purchase procedures pursuant to 2 C,F.R. §200.320(a)(2), 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, §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R.§§200.318 through 200.327 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: Terminate this Agreement in accordance with the provisions outlined in i° Paragraph (12)above; and, il. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. 8 CD) 1 E7 (e) Except for procurements by micro-purchases pursuant to 2 C.F.R. §200,320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Reclpient 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. §200.325,the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 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-Reclpient. 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-Reclpient 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 (ill)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,the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition."Accordingly, the Sub-Recipient shall not: Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; ill. Use noncompetitive pricing practices between firms or between affiliated companies; 9 •C, .)9 EG 1 6E 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(c), shall not use a geographic preference when procuring commodities or services under this Agreement. Q) The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids)in accordance with 2 C.F.R. §200.320(b)(1)as well as section 287.057(1)(a), Florida Statutes. (k) The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. proposals)in accordance with 2 C.F.R. §200.320(b)(2) as well as section 287.057(1)(b), Florida Statutes. (I) 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 200.327 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 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 200.327 as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at https://www.fema.gov/media-librarv-data/1569959172327- 92358d63e00d17639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf ii. 2019 PDAT Contract Provisions Template available at https://www.fema.qov/media-library-data/1569959119092- 92358d63e00d17639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf (14) ATTACHMENTS AND EXHIBITS 10ffi) 1 6 E (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—Certification Regarding Lobbying Attachment H— Reporting Forms (15) NOTICE OF CONTACT (a) In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreements 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 mall 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 FDEM 2556 Shumard Oak Blvd, Tallahassee, FL 32399-2100 (850)815-4340 Newarsa,Edwards em.m florida.com cl) F 1 1l 1 6 E (c) The name and address of Division's Programmatic Reviewer for this Agreement Is: Programmatic Point of Contact Kizzy Caban FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850)815-4348 Kizzy.Caban@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 Cultural Pkwy. Suite 445 Naples, FL 34113 Phone: 239-252-3600 Email: Daniel.Summers(a colliercounty fl.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- 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. 12 0 16E7 (a) 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 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 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. 13 1 6 E 7 (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$26,000.00 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: Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 11. 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; ill. Are not presently indicted or otherwise criminally or civilly charged by a t governmental entity (federal, state, or local)with commission of any offenses enumerated in Paragraph (18)(f)(li) of this certification;and, Iv. Have not within a five-year period preceding this Agreement had one or more ( public transactions (federal,state, or local)terminated for cause or default. (g) If the Sub-Recipient Is unable to certify to any of the statements In this certification,then the Sub-Recipient shall attach an explanation to this Agreement. (h) In addition, the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed"Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment 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 unilaterallycancel this Agreement if the Sub-Recipient g 9 p refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. { (j) If the Sub-Recipient Is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. 14 1 6E7 (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 1324(a)[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"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (c) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (d) The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 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. 15 CAO 16E7 ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards(Including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. v. If this subgrant agreement amount is$100,000 or more, the Sub- Recipient, and subcontractors, as applicable, shall sign Attachment L—Certification Regarding Lobbying. (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. (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 16 1 6E7 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) STATEMENT OF 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. §200.337, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are { pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. (b) As required by 20.055(6)(c)and 215.97(5)(b), Florida Statutes, 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 2CFR 200.334,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 17 1 6E 7 consultants paid from funds under this Agreement, for a period of 3 years from the date of submission of the final expenditure report. The following are the only exceptions to the 3-year requirement: If any litigation,claim, or audit is started before the expiration of the 3-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 3-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. §200.335, 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. §200.336, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (f) As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. (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 18 41:60) 16E 7 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. 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 19 CAQ 1 6 E 7 (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 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. 20 4114) 1 6E 7 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 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 21 1 6E7 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 ft will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1966,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 suboontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses, iii. Breach. A breach of the contract clauses above may be grounds i 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 fG 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 22 16E7 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. 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 23 0 1 6E7 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. If the Sub-Recipient enters into a contract with a subcontractor for an award of$100,000 or more, the subcontractor shall sign Attachment L—Certification Regarding Lobbying. (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; lii. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(i).through v. of this subparagraph. (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. (c) The"socioeconomic contracting"requirement outlines the affirmative steps that the Sub- Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. 24 0 16E ? (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"). F S i 25 1 6 E 7 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED RECIPIENT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set forth below. SUB-RECIP ENT: Collier County By: C-- :P.-1/d11/1 Penny Taylor, Chair (Name and Title) Date: '7'pia! 59-6000558 Federal Identification Number 076997790 DUNS Number \s 467 r, . ,? •greeriient Number '" '.,;,'.', A EST:`r stal K. Kinzel,Clock `ter I �{ cl.,\ A..--2-1. 4kOt c_., ;.: ,��,�JO�.�� . Deputy Clerk Attest as to Chairman's signature only, Approved as to Form andgality w —Z .+n A•Ese!redC G sistant County Attorney Cod 3012\ STATE OF FLORIDA DIVISION OF EMER EN Y MANAGEMENT I By: 4 �� &- ,4 (Kevin Guthrie, Division Director) Date: /8 14 7411-1 i 0 26 1 6E7 FY 2021-2022 EMPC 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, fi 27 044' 16E7 AUDITS 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.myfiorida.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: htto://harvester.census.aov/fac/collect/ddeindex.html (d) The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: 28 Qf''J 1 6 E 7 DEMSingle_Audit@em.myflorida.com 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)). 29 16E ? FY 2021 -2022 EMPG AGREEMENT EXHIBIT 2—FUNDING SOURCES II. 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 2021 3. The Department of Homeland Security (DHS) Notice of Funding Opportunity(NOFO) Fiscal Year(FY) 2021 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 0 1 6 E7 FY 2021 -2022 EMPG AGREEMENT EXHIBIT 3—SINGLE AUDITS _ AUDIT COMPLIANCE CERTIFICATION rEmail a copy of this.form at the time of agreement submission to the Division at: )7EMSIngfe Audit@em.rrtivfloride,com, Sub-Recipient:COLLIER COUNTY FEIN: 59-6000558 Sub-Recipient's Fiscal Year: 2021 ^ __Contact Name: Dan E Summers Contact's Phone:239-252-3600 Contact's Email: daniel.summers@colliercountyfLgov 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 r]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?2Yes ❑No If yes,Sub-Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 216.97(2)(1),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 understandin , economic incentive award agreement, etc.)between Sub-Recipient and Division?nYes LINO 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 :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 DNS at 2 C.F.R.part 200. By signing below, I certify behalf of Sub-Recipient,that the above representations for items 1 and ar correct. _ Signature of Authorized Representative Date i•-/.`-;<iPi2--s Dan E Summers Director, Bureau of Emergency Services Printed Name of Authorized Representative Title of Authorized Representative 31 • Opj 16E7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT A—SCOPE OF WORK GENERAL POLICY The EMPG Program contributes to the implementation of the National Preparedness System by supporting the building, sustaining, and delivery of core capabilities. The intent of the EMPG 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 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 11. 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. TASK 1: MATCH A. QUARTERLY MATCH Federal funds provided under the EMPG agreement shall be matched by the Sub-Recipient dollar for dollar totaling the award amount.A Sub-Recipient needs to show it is meeting the match requirement for the total award amount; the match costs do not need to be broken down or assigned to individual projects. In addition, a Sub-Recipient may undermatch (contribute less than 50%)to a particular project if it is also overmatching (contribute more than 50%)toward another project to make up the difference, provided that the end result is the Sub-Recipient contributing a net total amount that matches the total EMPG award amount. 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. Note:An Interim Final Rule indicates that Treasury's ARPA funding is being treated as a grant, and as such cannot be used for cost share purposes.Other Restrictions on Use Payments from the Fiscal Recovery Funds are also subject to pm-existing limitations provided in other Federal 1 6 E 7 statutes and regulations and may not be used as non-Federal match for other Federal programs whose statute or regulations bar the use of Federal funds to meet matching requirements. In order to demonstrate successful completion of task 1 for quarter 1-4, the Recipient must submit the following items in the Division's Salesforce system: 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; Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due 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. 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. In order to demonstrate successful completion of task 2 for quarter 2, the Recipient must submit the following items to the Bureau Chief of Preparedness: DELIVERABLES • N1MS Data Collection Worksheet Local, provided by the Preparedness Bureau, in the month of September, will be submitted electronically by December 01,2021 to the Bureau Chief of Preparedness; Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA Deliverables Due NA NA 1 6E7 Supporting Documentation: The NIMS Data Collection Worksheet_Local. B. LOGISTICS PLANNING—DISTRIBUTION MANAGEMENT PLAN Continuing the requirement from 2020,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. In order to demonstrate successful completion of task 2 for quarter 4,the Recipient must submit the following items to the Division Logistics Section: DELIVERABLES • Provide the updated Logistics Plan Component addressing the following: • Resource Ordering • Distribution Methods • Inventory Management • Staging areas • Transportation • Demobilization Reporting Requirements(Quarter 4). Quarter 1 Quarter 2 Quarter 3 Quarter 4 • NA` NA NA Deliverable Due Supporting Documentation: Submission of draft plan for review by Division Logistics Section no later than June 30, 2022. 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(IPPVV)and builds from training gaps identified in the county assessment process. 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. 1 6 E 7 In order to demonstrate successful completion of task 3 for quarter 4, the Recipient must submit the following items to the Staff Development Training Consultant: DELIVERABLES • The County 2023-2025 IPP by February 1, 2022 and submit to Ivy Baker, Staff Development Training Consultant at email: Ivv.Baker(a?em.mvflorida.com Phone: (850)815-4306. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA NA Deliverables Due NA Supporting Documentation: Submission of IPP by Division Training and Exercise Section not later than February 1, 2022. 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. In order to demonstrate successful completion of task 3 for quarter 1-4, the Recipient must submit the following items to the Divisions Salesforce system: 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 • Provide the percentage of completed training and exercise activities listed on the current IPP; 16 [ Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due NOTE:Additional course completion documentation is required only if; new personnel are listed on the Staffing Detail Form. 1 6E 7 ALLOWABE COSTS AND ELIGIBLE ACTIVITIES—BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2021 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. • • 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) • Office Supplies/Materials • IT Software Upgrades • Memberships 36 s� i �✓ 16E7 • 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. C. EQUIPMENT 3 7 O 1 6 E 7 41 Allowable equipment categories for the EMPG Program are listed on the web-based version of the Authorized Equipment List(AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment(PPE)(Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment(Category 5) • Interoperable Communications Equipment(Category 6) • Detection Equipment(Category 7) • Power Equipment(Category 10) • Chemical, Biological, Radiological, Nuclear,and Explosive(CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles(Category 12) • Physical Security Enhancement Equipment(Category 14) • CBRNE Logistical Support Equipment(Category 19) • Other Authorized Equipment(Category 21) In addition to the above, general purpose vehicles 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$vstem 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 Suppertinq 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 16 426 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. D. TRAINING 38 (Z) 16E, 7 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 (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Basic Academy Professional Development Series Basic Academy Pre-requisites and Courses IS-120.a An Introduction to Exercises IS-100(any version) Introduction to the Incident Command System IS-230.d Fundamentals of Emergency IS-700 (any version) National Incident Management Management System (NIMS)-An Introduction IS-235.b Emergency Planning IS-800 (any version) National Response 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 lS-244.b Developing and Managing 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 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 39 CCD,, 1 bE 7 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. 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. 40 t 1 6E 7 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. 41 16 E ' 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.csa.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. 42 (2) 1 6 E 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/facllltles, whenever ova€fable, 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 backflliing 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. 43 1 6E , 7 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). F. MANAGEMENT AND ADMINISTRATIVE(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 proiects 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- librarWassets/documents/118323. ( C. CONSTRUCTION AND RENOVATION 44 1 6E7 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 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(GPO) 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 OHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to godehpinfoafema,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/gavcontracts/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 If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award In whole or part. If the noncompliance can be corrected,the Division may first attempt to direct the recipient to correct the noncompliance. This may lake the form of a Compliance Notification. If the 45 111 1 6E7 noncompliance cannot be correct or the recipient is nonresponsive,one or more of the following steps may be taken: (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow(that is, deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not In compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. 46 1 6E 7 FY 2021 -2022 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 AGREEMENT: G0267 1. PLANNING —$0 — 2. ORGANIZATION $0 3. EQUIPMENT $111,876.00 4. TRAINING $0 5. EXERCISE '$0 6. MANAGEMENT AND ADMINISTRATION $0 7. TOTAL AWARD $ 111,876.00 FY 2021-2022 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET-ELIGIB LE ACTIVITIES (Not limited to activities below) { Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $0 Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 16E , Utilities (electric, water and sewage) If Service/Maintenance agreements Supplies/Materials Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $0 Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Towable Variable Message Boards 04AP-03-ALRT 2 18,000 36,000 Lg Touch Screen Monitor for EOC 04MD-03-DISP 1 14,000 14,000 Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment 45KW Generator 10GE-00-GENR 1 27,000 27,000 CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Mobile Storage Bins 19MH-00-CONT 20 800 16,000 Inflatable Lightweight Shelter 19SS-00-SHEL 2 9,438 18,876 Other authorized equipment costs 21GN-00-OCEQ- EOC Equipment& Supplies (provide description of EOC equipment&supplies) TOTAL EQUIPMENT EXPENDITURES $111,876 Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 1 6E7 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 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 Quantity Unit Cost Total Cost (Up to 5% of total award) Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $111,876.00 REVISION DATE: 1 6E7 FY 2021 -2022 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 July1 through September 30 g P October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 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). D. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before Initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. §200.338, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. FY 2021 -2022 EMPG AGREEMENT 50 16E7 ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: If you are requesting an advance, indicate same by checking the box below. ( J ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff,award benefits to clients,duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2021 Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: 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, but is not limited to the following: 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) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS* Signature of Sub-Recipient/Subcontractor's Authorized Official Date: Name and Title of Sub-Recipient/Subcontractor's Authorized Official FY 2021 -2022 EMPG AGREEMENT 119 51 1 6 E ATTACHMENT C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-Recipient's subcontractor Is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub-Recipient's Name Name and Title Division Contract Number II Street Address Project Number City, State, Zip Date (DI 52 1 16E ? FY 2021 -2022 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. 53 0 16E7 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 ( 5:00PM), 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. a54 1 6E 7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES The Sub-Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule,that govern the application, acceptance and use of Federal funds for this federally-assisted project.Also, the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants(5 USC 1501,et. seq.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business,or other ties. 5. It will give the sponsoring agency or the Comptroller General,through any authorized representative, access to and the right to examine all records, books,papers,or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements,and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires,on and after March 2, 1975,the purchase of flood Insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use In any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance"includes any form of loan, grant, guaranty, insurance payment,rebate, subsidy,disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966(16 USC 569a-1 et seq.) by(a)consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for 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. 55 p 1 6E 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. 56 ?g, 1 6E FY 2021 -2022 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 following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:1 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, 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 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 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 ' For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub- recipient may include the provision in its subcontracts. 57 �►� O 16E7 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. 7401-7671q)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)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 Camp., 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. (I) 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. (J) See§200.323 Procurement of recovered materials. (K)See§200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L)See §200.322 Domestic preferences for procurements (Appendix II to Part 200, Revised Eff 11/12/2020). FEMA created the 2019 PDAT Contract Provisions Template to assist non-Federal entities. It is available at https://www.fema.govimedia-librarv-data/1569959119092- 92358d63e00d17639d5db4de015184c9IPDAT ContractProvlsionsTemplate 9-30-19.pdf. Please note that the sub-recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix li. FY 2021 -2022 MPG AGREEMENT ATTACHMENT G 58 16E7 CERTIFICATION REGARDING LOBBYING Check the appropriate box: CJ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200,Appendix 11(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. 0 This Certification is not required because the Contract, Grant, Loan,or Cooperative Agreement will be less than $100,000. APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan,or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 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. The Sub-Recipient or subcontractor, , certifies or affirms the truthfulness and accuracy of each statement of Its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, If any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date cc) 59 16E7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM•BASE GRANT 2021-2022 EMPG REPORTING FORMS 2021.2022 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INCLUDE:DIVISION Form 1A•Quarterly Financial Report,DIVISION Form 1B-Quarterly Tasks, DIVISION Forms 2A&2B Detail of Claims and DIVISION Form 8-Time and Effort(If applicable). 1. These forms are to be submitted to the DiNsIon each quarter. i '2. Complete Division Form to-Quarterly Financial Report by entering at information needed to support the claim for reimbursement,sign and date.Include a descriptive narrative outlining quarterly progress,events,delays in the section prodded. '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 d,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. r6. Deliverables and Claims for reimbursement may be submitted via Saiesforce or by email to the appropriate Division Grant Manager according to applicable region. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE,FLORIDA 32399-2100 Atln:(DlNsion Grant Manager) Division Form 3A•Quarterly Match: r 1. The 2021-2022 EMPG agreement has a match requirement of 50%Federal share and 50%Sub-Reclplenl share of the total award amount. The Division Form 3A-Quarter Match Form shall be submitted to the Division each quarter to Identify non-federal match amount. 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 200.308.Match contributions must be verifiabe, reasonable,allowable,allocable,and necessary under the grant program end 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 30,2021,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-Staging 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 6-Close Out Report is due within sixty(60)days after the period of agreement ends. The 2021-2022 EMPG agreement has a match requirement of 50%Federal share and 50%Sub-Recipient share of the total award amount.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 prodded to the Division along with the Form 5-Close Out Report(i.e.Invoices,reclepts,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: 5. 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 'I. 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 personnel during the period of performance. Required documentation to support project expenditures: '1. Sub-Reciplents shall maintain a grant/financial 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,timesheels and payroll vouchers,joumal transfers,credit card and bank statements,etc. These documents should be submitted when requesting reimbursement. '2. 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. '3. Please ensure that the documentation submitted for review Is legible. '4. Please verity form calculations for accuracy before submitting to the Division for review each quarter. D,e, 60 1 6E 7 . FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT • 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT -EMPG BASE GRANT DIVISION FORM 1A-QUARTERLY FINANCIAL REPORT • AGREEMENT!{:- CLAIM q: 1 AWARD AMOUNT QUARTER it: 1 • SUB•RECIPIENT; COUNTY;i REPORTING FORMS DUE DATES(30 DAYS AFTER QUARTER) ADDRESS:: :1- July 1-Sept.30,2021 (Forms are due no later than October 30) 2- October 1-Dec.31,2021 (Forme aro duo no later than January 30) _ 3- January 1-March 31,2022 (Forms aro due no later than Apri 30) POINT OF CONTACT:. 4• April 1-.June 30,2022 (Foam are due no later than July 30) PHONElEMAIL: i EMPG ALLOCATION CATEGORIES BUDGETED 01CLAIM Q2CLAIM Q3CLAIM Q4CLAIM CUMULATIVE REMAINING ALLOCATIONS EXPENDED RINDS BALANCE 1.PLANNING $0.00 • $0.00 $0.00 > v 2.ORGANIZATION $0.00 $0.00 $0.00 3.EQUIPMENT $0.00 • $0.00 $0.00 4.TRAINING $0.00 $0.00 $0.00 5.EXERCISE $0.00 $0.00 $0.00 P -r 6.MGMT AND ADMIN(up to 5%) $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 v$0.00 > $0.00 $0.00 P. 50.00 $0.00 AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: • "By signing this report,!certify to the beat of my k iovledge and belief that the report Is true,complete,and accurate,and the expendlures,disbursements and cash receipts are Inc the purposes and objectives set forth in the terms and conditions of the Federal aw ard.I em aware that any false,fictitious,or fraudulent Information,or the omission of any material fact,may subject me to criminal,cod or administrative penalties for fraud,false statements,false claims or otherwise.(US.Code Title 18, Section 1001 and lute 31,Sections 3729-3730 and 3801-3812)" • SIGNATURE AUTHORIZED REPRESENTATIVE DATE • QUARTERLY STATUS REPORT Please report EM activities,meetings,training,exercises,or other necessary Information to support quarterly progression. THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION AWARD AMOUNT DIVISION DATE tiECBY®STAMP PRIOR CLAIMS • THIS CLAIM AMOUNT BALANCEQYiitQa2b-2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS 61 16E• • FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT- EMPG BASE GRANT • • DIVISION FORM 1B-QUARTERLY TASKS • • SUB-RECIPIENT: QUARTER: July 1-Sept 30 • Refesebnal National EMPG Emergency Management Personnel RIMS IS 100 NIMS IS 200 RIMS IS 700 NIMS IS 1300 Development OR Emergency • Series Management ea k redeem N rn d .- en or d .- N (N d .- N t'1 d N {7 d t- N C.) d EM Employee Name&Position line I- I F r F H r r- t- v- v- a o a 0 a 0 0 a a a a a a act a a a a o a Cr o .■■■■1■■■■■■■■i■■■. ■.■.�. .NNW.■■■■011■■■ ■■■■■■■■.■■■..■■1■■■■ ■■■■■.■■■■■■■■■■1■■■■ ■■■■■■■■■■■■■■■■1■■■■ ■■ ■■.■■■■■■■■■■■■■i■ ■■■■ .■ ■■■■■■■■1■■■■ .■■■■..■■■■■■■■!■■■■ ■1111.1■.:::::::::::::::1..•• ENTER DATE COMPLETED • DELIVERABLES/TASK REQUIREMENTS QTR 1 QTR 2 QTR 3 QTR 4 T1:Submit Division Form 3A-Quarterly Match to Wen*the non ; - COMMENTS federal match amount.For those sub-recipients using local funds, Uso for mplanatlon that supporting documentation Is required with the form to support supports Training&E>ardso match amount reported(Due Q1-Q4) progression. T2:NIMS Data Collection Worksheet Local,provided by the Preparedness Bureau in the month of September,must be submitted electronically by December 1,2021 to the Bureau Chief of Preparedness(Duo Q2) T2:Submit a draft of the updated Logistics Plan for review by the Division's Logistics Section by June 30,2022. (Due Q4) T3.Submit the County 2023-2025 IPP to ky Baker al Ivy.Bakerr em.myfortde.corn by February 1,2022(Due Q3) T3:Provide Division Form 4-Stalling Detail for all funded EMPG personnel(Due 01,updates If necessary Q2-04) T3:Provide training transcripts for EMPG funded personnel listed on Division Form 4-Staffing Detail-If certificates are uploaded into SERTTRAC,the Division's Grant Manager will request a copy from the T&E Unit.(Due 01,updates If necessary 02-Q4) T3:Provide sign in sheet or certificate of participation in at least three(3)exercises for funded EMPG persomel during the period of performance.(Due 01.14) T3:Provide the percentage of completed training and exercise • activities listed on the currant Integrated Preparedness Plan(IPP) (Due Q1-04) {"ey signing rills report/certify to the best of my knowledge and belief that the report 1s true,complete,end accurate,and Ma expenditures,disbursements and cash receipts are for the purposes and objectives sal forth in the terms and conditions of the Federal award.l am aware that any false,fc6Uous,or fraudulent information, .or the omission of any material fag,may subject me to criminal,civil or administrative penalties for fraud,false statements,false claims orothemise.(U.S.Code • 11Ue 18,Section 1001 and 111Ie 31,Sections 3729-3730 and 3801-3812).- • SIGNATURE: • - • AUTHORIZED REPRESENTATIVE • PRINTED NAME: • TITLE: • DATE: • FY 2021--2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS 62 1 6E • FLORIDA DIVISION OF EMERGENCY MANAGEMENT • 2021.2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-EMPO BASE GRANT DIVISION FORM 2A-DETAIL OF CLAIMS SUB-RECIPIENT: INCURRED DATE RANGE:: Example:July 1 through Sept.30,2021 Please use separate DiNslon Fort 2A•Detail of Claims per allocation category. Please proude FEMA AEL numbers for EQUIPMENT expenditures ONLY. Please proude a budget recision to the Diusion along with Ills form,II expenses being claimed are not allocated on the most recently appr sed budget. Please include the Costs Incurred Dale Range In the applicable cell abuse. This Is usually the quarterly period;however,a Sub-Recipient may incorporate a larger dale ;range to Include a forgotten claim for reimbursement for a payment made the precious quarter(within the period of the agreement). This allowance does not drcumtent the .four(4)required reporting submissions. ALLOCATION CATEGORIES PLEASE SELECT FROM THE LIST BELOW CATEGORY: PLANNING DATE OF PAYMENT PAYMENT PURCHASE FEMA ABLE P VENDOR DESCRIPTION OF SERVICE OR EXPENSE FOR SERVICE REFERENCE 11 (MA If equpmentwas not OR EXPENSE ICRECK,,PO.ccs,J0 AMOUNT purchased) (hcEde rui dale) 1 2 3 4 5 6 7 8 9 10 11 12 13 15 15 16 IT 18 19 20 TOTAL - "fly signing this report,1 certify to the best of my bnorded0e and belief that the report/s litre,complete,and accurate,and the expenditures,disbursements end cash receipts are for the purposes and objectives set forth MTh*terms and conditions of the Federal arcane.I am aware that any false,6dilious,or fraudulent information,or the omission of any material IIII (act,may subject me to criminal,civil or administrative penalties for fraud,false statements,false claims or ofhenrise.(U.S.Code Tide 18,Section 1001 and Title 31,Sections 3729-3730 end 3801-3812)." SIGNATURE: • AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS 63 cAO 1 6E 7 FY 2021 -2022 EMPG AGREEMENT FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 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 bya regular employee In an established position for a specific period of time. SUB-RECIPIENT: CLAIM#: DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? J Note:f this clam includes Incentives or special pay,please provide FDEMwith the written established policy for support. %OF TIME EM EMPLOYEE NAME EM POSITION TITLE CHARGED TO SALARY FRINGE BENEFITS EMPG 1 Example:Jane Doe EM Planner 50% $ 5,000.00 $ 1,200,00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 > TOTALS $ 5,000.00 $ 1,200.00 TOTAL $ 6,200.00 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)." • SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: • TITLE: DATE: C40 64 1 6E7 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 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 2021-2022 EMPG agreement has a match requirement of 50%Federal share and 50%Sub-Recipient share of the total award amount.Each quarter the Sub-Recipient must Identify the non-federal match amount on the Quarterly Match Form 3A 2. If the EMPG funds are being matched with 2021-2022 EMPA claimed e q enditures,no additional back-up/supporting documentation is required to be submitted with this form. 3.If the 2021-2022 EMPG award exceeds the 2021-2022 EMPA award,or if the Sub-Recipient Is not using EMPActaimed expenditures to fulfill the EMPG match requirement,appropriate back-up/supporting documentation must accompany this form to support fulfillment of the required match(i.e.inwices,receipts,paystubs, earning statements,cancelled checks,credit card and bank statements,etc.). EMPG REPORTING AWARD AMOUNT: $ 80,000.00 EMPG QUARTERLY CLAIM CUM,FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00' $80,000.00 QUARTER 2 $0.00 $80,000.00 QUARTER 3 $0.00P $80,000.00 QUARTER 4 $0.00' $80,000.00 TOTAL EMPG CLAIMS $0.00 EMPA REPORTING AWARD AMOUNT:, $ 105,806.00 EMPA QUARTERLY CLAIM CUM.FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 V $105,806.00 QUARTER 2 $0.00" $105,806.00 QUARTER 3 $0.00 $105,806.00 QUARTER 4 $0.00 v $105,806.00 TOTAL EMPA CLAIMS $0.00 MATCH REPORTING REQUIRED MATCH AMOUNT: $ 40,000.00 EMPA LOCAL(General Revenue) LOCAL(Other) OTHER(Nan-Federal) QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL' 50.00 f $0.00 $0.00 TOTAL MATCH $0.00 "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 othensfse.(U.S.Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812)." SIGNATURE AUTHORIZED RE RESENTATIVE PRINTED NAME TITLE DATE 65 1 6E 7 1 f FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT i 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT-EMPG BASE GRANT ( DIVISION FORM 4-STAFFING DETAIL EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES AND BENEFITS SUB•RECIPIENT:I FL County I POINT OF CONTACT:( Jona Doe,Pinner (PHONE/EMAIL:I 122.123.1234 EMPLOYEE INFORMATION LOCAL STATE AND FEDERAL TOTAL EM Employee Name,Position Title N $ % % % S % $ % % % ILa./Week Total Salaries County Other EMPA EMPA EMPG EMPG HMGP Other Total I Devoted to &Benefits General Fund Local Base Grant Base Grant Base Grant Dane Grant Planning Grant state or Parietal All EM Activities by Positron (Local) Funds (State) (Slate) (Federal) (Federal) (State) Funds Funds 111 (2) 3) (41 151 (81 171 lel (01 (10) (r1) (12) I EXAMPLE John Smith Planner 40 $40,000.00 0% 0% 50% $20,000.00 60% 520,000.00 0% 0% 100% 2 $ • $ • 0% 2 5 • $ • 0% 4 __-. .. $ • S - 045 5 $ $ OS: e $ - $ - o°s 7 5 • $ a S • $ 0% N $ • $ - 0% 10 $ - $ • 0% 11 5 - $ 0% 12 S • $ 0% 12 S - $ 0% 1 $ - $ 0% 15 5 - $ • 0% 10 $ - S - 0% 17 $ - S - 0% to $ - $ - 0% 9 $ - $ 20 5 • $ 0% TOTAL $20,000.00 $20,000.00 0IRECTION5: 1,In Column II,1111 the name and position title for'unclad EMPG Emergency Management etas. 2.in Column 02,enter Ore amount of anticipated ham worked par week for grant related Bella les for each EM position. 2.N Column 03,Hal total anticipated annual amount of Salaries end oenells to be paid for each EM position. 1.In Columns ad-11,prodda the krndes°dstnlodton(%or S)In each apple able column. - ""- 5.Column Nl2 calculates Into aunt of percentages Cribbed In Columns 4-11 and must copal 100%of the anticipated annual standee and benells per EM position. 6.Please prodds Io the Division updates or reustons to this form throughout the period of It,.agreement,toe neceesery. 7. OM form Is to be submlited to the Dlwslon along with the 1st Quarter subndselon,or by October 30,2021,sshlotaunr manna(rat. CAO ( 66 1 6E ,7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021-2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-BASE GRANT DIVISION FORM 5•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 2021-2022 period of performance ends on June 39,2022. Division FORM 6 Is due by August 30,2022. • SUB•RECIPIENT: AGREEMENT#: POINT OF CONTACT: EMPG AWARD AMOUNT: $ PHONE/EMAIL: UNCLAIMED BALANCE: $ - RBM8URSBr>ENTS RECEIVED BY THE SUB•RECIRB0T (hcude any advanced funds and tint requested psyrnent) ALLOCATFON CAT000IES E(FlastITURES DATE AMOUNT 1.FLANMNG $ - $ 1 2.ORGANZAITON $ _ $ 2 3.83tAFNENT 3 4.TRANRNG $ 4 5.134EROiE- s 6.Me NhGFN17Jr A NOALtt4N $ - $ 5 ' AWARD AMOUNT $ _ (LESS ADVANCED FUNDS) $ _ (LESS REIMBURSEMENTS) $ • UNCLAIMED BALANCE OF AWARD $ _ The 2021-2022 EMPG agreement has a match requirement of 50%Federal and 50%Sub-RecIplent share of the local award amount.If the EMPG award Is being matched with EMPA,no additional back-up/supporting documentation Is needed to be prodded to the Dittslon. If the EMPG award exceeds the EMPA award or using local funds for match,the appropriate back-up/supporting documentation for the match fulfillment shall be prodded with this form(I.e.Inwlces,cancelled checks,earning statements,payroll registries,with amounts clearly identified). EMPA LOCAL(General Revenue) LOCAL(Other) 01HER(Non-Federal) TOTAL MATCH SIGNATURE REQUIRED "By signing Misreport,I certify to the bast of my knowledge and belief that the report Is true,complete,and accurate,end the expendlturea disbursements and cash receipts are for the purposes and objectives set forth In the terms and conditions of the Federal award,1 am aware that any false,fictitious or fraudulent Information,or the omission of any materiel fact,may subject me to criminal,civil or administrative penalties for fraud,false statements false claims or other rise.(U.S.Code Titre 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812)." SIGNATURE AND DATE: AUTHORIZED REPRESENTATIVE PRINTED NAIVE AND TITLE: Refund andfor final Interest checks are due no later than ninety(e0)days after the expiration of the Agreement. Make checks payable to:Cashier,Florida dvislon of Emergency Management Moil to:Florida division of Emergency Management,2555 Shumard Oak dvd,Tallahassee,Florida 32309.2100,Attn:(dvislon Grant Manager) BELOW TO BE COMPLETED BY FDEM: SIGNATURE AND DATE: Dldslon Grant Manager SIGNATURE AND DATE: Dldslon Programmatic Reviewer 67 Cp,,4 1 6 E 7 FY 2021 -2022 EMPG AGREEMENT ATTACHMENT H-REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2021.2022 EIAEROENCY MANAGEMENT PERFORMANCE GRANT.EMPG BASE GRANT 01VISION FORMA.TIME AND EFFORT ThIsform Is ragolled la accompany ralnlbursemenl claims for salsa Maim chary ad Io Ina p is nL EMPLOYEE NAME: OUARTERLY REPORTING PERIOD: Octabor 1-Dacemb,r 71 PERIOD DATES: 101127021 TO 17/0112I CLAIM I. Data Rang. Weak 1 Weal 2 ALLOCATION CATEGORY 8 6 M T W T F Total 5 e M T W T F Total OTOTALS 1 ORGANIZATION 4 4 0 2 1IO21T a ADR11N 5 4 5 I 0 5 5 10 IS 4 0 0 0 ' 6 0 0 0 5 - 0 0 0 12 ONLY TOTALS 0 0 4 0 5 0 0 0 0 5 17 0 0 0 12 17 PERIOD ONE TOTAL 0 PERIOD TWO TOTAL 22 31 Dal.Roma Week I Weak 2 CATEGORY ALLOCATION CATEGORY 8 9 M T W T F Total 9 5 M T W T F re, TOTALS 1 ORGANIZATION 4 5 9 0 0 2 MOUT ItADMIN 0 5 5 10 0 3 0 0 0 4 0 0 0 6 0 0 0 5 0 0 DAILY TOTALS 0 0 4 5 0 0 0 0 5 S 0 0 0 0 0 PERIOD ONE TOTAL I PERIOD TWO TOTAL 10 f9 DMA Peres Week t Weak 2 ALLOCATION CATEGORY S 8 M T W I FCATEGORY Tolat S 9 M I W T F Total TOTALS I ORGANIZATION 4 5 p 0 9 2 MGM'it AMEN p 4 5 0 93 -- 0 0 0 4 0 0 0 5 0 0 0 0 0 0 ONLY TOTALS 0 0 0 0 40 5 0 0 4 0 5 0 0 0 { PERIOD ONE TOTAL 0 PERIOD TWO TOTAL 9 15 ( Dole Rama Week 1 Week 2 CATEGORY ALLOCATION CATEGORY 9 9 M T W T F Total 9 5 El T W T I F Total TOTALS I ORGANIZATION 0 0 2 MONT&ADMIN 5 - --- 0 0 3 0 0 0 4 0 0 5 0 0 0 0 6 0 0 0 DAILY TOTALS 0 0 0 5 0 0 0 0 4 0 0 0 0 0 PERI000IIE TOTAL 9 PERIOD TWO TOTAL 4 9 Data Range Weak I Vlach 2 ALLOCATION CATEGORY 9 9 Al T W T F Total 9 5 M T W T F Tata1 CATEGORYTOTALS I OROAMDATION 0 0 0 2 MO1T a ADA111 4 4 0 4 3 0 6 5 5 4 0 0 0 5 0 0 0 DAILY TOTALS 0 0 0 0 0 4 0 0 0 5 0 0 0 - 0 PERIOD OIIE TOTAL 4 PERIOD TWO TOTAL 5 9 NM Rang. Week 1 Weak 2 - ALLOCATIONCATEGORY 9 9 tl T W T F Total 9 9 M T VI T F Ta6I CATEG TO ALSY I ORGANIZATION 0 0 0 IF 2 MOMT IADMIN 4 5 p 0 9 3 0 5 5 6 4 0 6 0 8 6 0 0 0 6 0 0 0 DAILY TOTALT 0 0 0 4 0 5 0 0 5 0 8 0 0 0 PERIOD ONE TOTAL 9 PERIOD TWO TOTAL- 11 20 rf Employee RI$naluro: Dada: Supervisor 5lpnsluca: Data: By dpdng lNT W.I.I CMlfy to IN.boll d 09444Wi09a aM 64iel lha'IAa rap.a it lme complete and secvelR and ma arprgluras,di0WanraMe and cash maipis am for 0Aa po wro,end vainalilea'aN,(oAh Ingle Snob and cae2Uoreof Ina Fedora'award I an,BAG.Intl any Id se.OotAloua,00IlauhlNM UYomNUn,ceIns omission of any malarial WI.may subject am to cambnal,cfdl or adm/dalrarna panda.foe(mug Ids,aldemenla,Idea[Ammo oro1MnN,.(U S.Code Doe II Section 1001 and TUN 31,9eclione 0720J700 g0(O1a0121• �. 68 CAO 16E7 4 JJSAMGOV 1 6 E COLLIER, COUNTY OF DUNS Unique Entity ID SAM Unique Entity ID CAGE/NCAGE 076997790 JWKJKYRPLLU6 3JFC7 Purpose of Registration Expiration Date Registration Status All Awards Sep 14,2021 Active Physical Address Mailing Address 3299 Tamiami TRL E STE 700 3299 Tamiami Trail E Naples,Florida 3 41 1 2-57 49 Suite 202 United States Naples,Florida 34112-5746 United States Doing Business as Division Name Division Number (blank) (blank) (blank) Congressional District State I Country of Incorporation URL Florida 19 (blank)/(blank) https://www.colllercountyf.gov/ Registration Dates Activation Date Submission Date Initial Registration Date Sep 14,2020 Sep 14,2020 Sep 23,2003 Entity Dates Entity Start Date Fiscal Year End Close Date May 8,1923 Sep 30 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Registrants in the System for Award Management(SAM)respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252,amending the Federal Funding Accountability and Transparency Act(P.L.109-282).This information is not displayed in SAM.It is sent to USAspending.gov for display in association with an eligible award.Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management(SAM)respond to proceedings questions in accordance with FAR 52.209.7,FAR 51209.9,or 2.C.F.R.200 Appendix XII.Their responses are not displayed In SAM.They are sent to FAPIIS.gov for display as applicable.Maintaining an active registration In SAM demonstrates the registrant responded to the proceedings questions. I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Entity Typos Business Types Entity Structure Entity Type Organization Factors U.S. Government Entity US Local Government (blank) Profit Structure (blank) Government Types l4i11 tll'1 '!iil+ti")Int tii�1} �.i� t ,fir rE �: J ..fi,- it • is• . `}7:f�ii' ., 1....,t#... .. - Accepts Credit Card Payments Debt Subject To Offset No No Electronic Business F• 3299 Tamiami Trail East THERESE STANLEY Suite 201 Naples,Florida 34112 United States MARK ISACKSON,OMB DIRECTOR 3299 Tamiami Trail East Suite 201 Naples,Florida 34112 United States Government Business A 3299 Tamiami Trail East THERESE STANLEY,OMB GRANTS Suite 201 COMPLIANCE MANAGER Naples,Florida 34112 United States MARK ISACKSON,OMB DIRECTOR 3299 Tamiami Trail East Suite 201 Naples,Florida 34112 United States IJ,Atn tefE_Ei 111ta11tl•lil;tr NAICS Codes Primary NAICS Codes NAICS Title Yes 921190 Other General Government Support l"ll ,tii;1 f li}}t•1,tt ; This entity does not appear in the disaster response registry.