Agenda 12/13/2022 Item #16F 1 (To enhance the Emergency Management Divisions planning, response and mitigation efforts)12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Federally Funded Subgrant Agreement
to accept the annual Emergency Management Performance Grant G0380 (EMPG) in the amount of
$109,275 for emergency management planning, response, and mitigation efforts and to authorize the
necessary budget amendments. (Project No. 33820)
OBJECTIVE: To enhance the Emergency Management Division’s planning, response, and mitigation efforts.
CONSIDERATIONS: The Department of Homeland Security (DHS) through the Florida Division of Emergency
Management (FDEM) annually makes funds available for local emergency management programs. The purpose
of the EMPG program is to provide federal funds to states to assist state, local, territorial, and tribal governments in
preparing and training for all hazards. The grant has certain training requirements or best practice recommendations
that on occasion, may have to be met by attending regionally or out of state training, at a State or FEMA training
location.
The County has been awarded $109,275 in Federal funds through this program. The acceptance of these
Federal funds requires a dollar-for -dollar non-federal funding match. In accordance with the Emergency
Management Preparedness and Assistance Grant (EMPA) guidelines, the EMPA grant ($105,806) can be used for
this purpose with the remaining $3,469 to be matched from ad valorem funds available in General Fund (001).
FISCAL IMPACT: Funds in the amount of $109,275 are available from the Florida Division of Emergency
Management . A budget amendment in the amount of $109,275 is required in the Admin Service Grant Fund
(703), Project 33820. There is a 100% match requirement for this grant. Matching funds from the FDEM EMPA
grant in the amount of $105,806 are available in the Admin Services Grant Fund (703), Project 33819. A budget
amendment for the difference in the amount of $3,469 is required in Fund (704), Project 33820. The source of the
additional funds are ad valorem funds and are available from General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The Federally Funded Subgrant Agreement is a standard document. It allows
the State to terminate for cause or convenience. It allows the County to terminate for convenience only with
State approval. This item is approved for form and legality and requires a majority vote for approval. - RTT
RECOMMENDATION: To approve and authorize the Chairman to execute Grant Agreement G0380 to
accept $109,275 from the Florida Division of Emergency Management for emergency management program
enhancement and authorize the associated budget amendments.
Prepared by: Christine Boni, Sr. Accountant, Emergency Management Division
ATTACHMENT(S)
1. (LINKED) Agreement EMPG G0380 2022-2023 (PDF)
16.F.1
Packet Pg. 2200
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1
Doc ID: 23907
Item Summary: Recommendation to approve and authorize the Chair to execute a Federally Funded Subgrant
Agreement to accept the annual Emergency Management Performance Grant G0380 (EMPG) in the amount of
$109,275 for emergency management planning, response, and mitigation efforts and to authorize the necessary
budget amendments. (Project No. 33820)
Meeting Date: 12/13/2022
Prepared by:
Title: Accountant – Emergency Management
Name: Christine Boni
11/10/2022 11:22 AM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
11/10/2022 11:22 AM
Approved By:
Review:
Emergency Management Daniel Summers Director Review Completed 11/10/2022 11:32 AM
Grants Maria Kantaras Level 2 Grants Review Completed 11/14/2022 2:57 PM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 11/29/2022 8:51 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/29/2022 10:05 AM
Grants Therese Stanley Additional Reviewer Completed 11/29/2022 4:37 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 11/30/2022 9:23 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/01/2022 9:59 AM
County Manager's Office Ed Finn Additional Reviewer Completed 12/01/2022 7:21 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/05/2022 9:15 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.F.1
Packet Pg. 2201
Agreement Number: G0380
FEDERALLY FUNDED SUBAWARD GRANT AGREEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency
Managemem,with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
Collier County, Florida (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 sub -award.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement,
ncluding an agreement that the pass -through entity considers a contract."
B. As defined by 2 C.F.R. §200.1, "pass -through entity' means "a non -Federal entity that providesa
subaward to a Sub -Recipient to carry out part of a Federal program."
C. As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "an entity, usually but not limited to
non -Federal entities, that receives a sub -award from a pass -through entity to carry out part of a
federal program."
D. 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."
E. As defined by 2 C.F.R. §200.1, "subaward" means "an award provided by apass-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 idened in Attachment E, Statement of
Assurances. In addition, section 215.971, Florida Statutes applies to this Agreement because 2 C.F.R.
§200.302(a) 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 October 01, 2022, and will end on September
30, 2023, unless terminated earlier in accordance with provisions of this Agreement, including, but not
limited toParagraph (12) TERMINATION, of this Agreement.
(4) FUNDING CONSIDERATION
(a) This is a cost reimbursement agreement. Division shall reimburse Sub -Recipient for
allowable costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$109,275.00 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 -Recipient 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 aclose-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.
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(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 H, Reporting Forms.
(6)
(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;
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
(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, in, 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
years) 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
(c) As defined in section 200.310 Insurance Coverage: The non -Federal entity must, at a
minimumI provide the equivalent insurance coverage for real property and equipment acquired or
mproved with Federal funds as provided to property owned by the non -Federal entity. Federally -owned
property need not be insured unless required by the terms and conditions of the Federal award.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Division
to make further payment of funds shall terminate and the Division has the option to exercise any of its
remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without
becoming liable to make any further payment if:
(a) Any warranty or representation made by the Sub -Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub -
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
(b) Material adverse changes occur in the financial condition of the Sub -Recipient at any
time
during the
term
of this Agreement, and
the Sub -Recipient fails to cure this adverse change within
thirty
(30) days
from
the date written notice
is sent by the Division;
(c) Any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete, or insufficient information; or,
(d) The Sub -Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice
to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise
any one or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30)
days prior written notice of the termination. The notice shall be effective when placed in the United States,
first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in
paragraph (3) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Sub -Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds;
(a) Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub -Recipient to determine the reasons
for or the extent of non-compliance or lack of performance;
ii. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected;
. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or;
vI 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
n 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 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.
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(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.
(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 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 execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business
day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non -compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
Paragraph (12) above; and,
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 (Ili) 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 compeon."
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;
Use noncompetitive pricing practices between firms or between affiliated
companies;
ivI Execute noncompetitive contracts to consultants that are on retainer contracts;
equivalent;
Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
vH. 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;
. 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.
9200.319(c), shall not use a geographic
preference
when procuring commodities
or services under this
Agreement.
(j) The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed
bids) in accordance with 2 C.F.R. §200.320(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 aov/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 aov/media-librarv-data/1569959172327-
92358d63e00d17639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf
ii. 2019 PDAT Contract Provisions Template available at
https //www fema aov/media-librarv-data/1569959119092-
92358d63e00d17639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf
(14) ATTACHMENTS AND EXHIBITS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 —Audit Requirements
Exhibit 2— Funding Sources
Exhibit 3— Single Audits
Attachment A — Scope of Work
Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions
Attachment A (2) — Proposed Budget Detail Worksheet
Attachment A (3) — Quarterly Reports
Attachment B — Justification of Advance Payment
Attachment C— Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion
Attachment D — Warranties and Representations
Attachment E — Statement of Assurances
Attachment F — Mandatory Contract Provisions
Attachment G — Certification Regarding Lobbying
Attachment H- DHS Civil Rights Evaluation Tool
Attachment I — Reporting Forms
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(15) NOTICE OF CONTACT
(a) In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager
shall be responsible for enforcing per of this Agreement's terms and conditions and shall serve
as the Division's liaison with the Sub -Recipient. All notices provided by Sub -Recipient under or pursuant
to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic
mail using the correct information provided in Subparagraph 15(b) below.
(b) The name and address of Division's Grant Manager for this Agreement is:
Contractual Point of Contact
FDEM
2555 Shumard Oak Blvd,
Tallahassee, FL 32399-2100
(850) 815-4340
(c) The name and address of Division's Programmatic Reviewer for this Agreement is:
Programmatic Point of Contact
FDEM
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850)815-4301
li nda. mcwhorter0�em. myflorida. com
(d) The name and address of Representative of the Sub -Recipient responsible for the
administration of this Agreement is:
Name:
Dan E Summers
Title
Director,
Bureau of Emergency Services
Address:
8075 Lely Cultural Pkwy, Suite 445
Naples FL 34113
Phone: 239-252-3600
(e) In the event that different representatives or addresses are designated by either party
after execution
of this
Agreement,
notice of the name, title and address of the new representative will be
provided to the
other
party.
(16) PAYMENTS
(a) Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
11
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 projector services. The final invoice shall be submitted within thirty (30)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub -
Recipient's quarterly reporting as referenced in Paragraph (5) REPORTS of this Agreement.
(c) If the necessary funds are not available to fund this Agreement as a result of action by
the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial
Officer or under Paragraph (4) FUNDING CONSIDERATION of this Agreement, all obligations on the part
of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit
is 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 se .), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(e) Those who have been placed on the convicted vendor list following a conviction for a
public
entity crime
or
on the discriminatory
vendor list
may not
submit a
bid
on
a contract to provide any
goods
or services
to
a public entity, may
not submit a
bid on a
contract
with
a
public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list or on the discriminatory vendor list.
(f) Any Sub -Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
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 afive-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;
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
( I O)(f)(ii) of this certification; and,
iv. Have not within afive-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
13
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
wRh 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 1191 Florida Statutes, which the Sub -Recipient created or received under this Agreement.
(j) If the Sub -Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(k) The State of Florida will not intentionally award publicly funded contracts to any
contractor
who knowingly
employs unauthorized
alien workers, constituting a violation
of the employment
provisions
contained in 8
U.S.C. Section 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. SMOAK
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
14
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.
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 apre-existing patentor copyright, the Sub -Recipient shall retain
all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwiseI
(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
15
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub -Recipient to the State
of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (20)(b), have the right to all patents and
copyrights which accrue during performance of the Agreement.
(d) If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to
section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub -
Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is
nventions 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
]6
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 record retention requirements (Chapter 119,
Florida Statutes) and by 2 C.F.R. §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
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:
i. 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.
V. 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.
17
(g) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides
the citizens of Florida with a right of access to governmental proceedings and mandates three, basic
requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable
notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly
recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that
entity within the ambit of the open government requirements. However, the Government in the Sunshine
Law applies to private entities that provide services to governmental agencies and that act on behalf of
those agencies in the agencies' performance of their public duties. If a public agency delegates the
performance of its public purpose to a private entity, then, to the extent that private entity is performing
that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire
department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub -
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
(h) Florida's Public Records Law provides a right of access to the records of the state and
local governments as well as to private entities acting on their behalf. Unless specifically exempted from
disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
(i) The Sub -Recipient shall maintain all records for the Sub -Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work
(Attachment A) and all other applicable laws and regulations.
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) 8154156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 323990
(24) TERMS AND CONDITIONS
(a) This Agreement contains all the terms and conditions agreed upon by the parties.
(25) EXECUTION
(a) This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(26) MODIFICATION
(a) Either Party may request modification of the provisions of this agreement. Modifications
of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties.
(27) EQUAL OPPORTUNITY EMPLOYMENT
(a) In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
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
19
IM
employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
iv. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
vi. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vii. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
viii. The contractor will include the portion of the sentence
immediately preceding paragraph (i) and the provisions of paragraphs (i)
through (viii) in every subcontractor purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
(b)
The Sub -Recipient further agrees that it will be bound by the above equal opportunity
clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a State or local government, the above equal
opportunity
clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
(c) The Sub -Recipient agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may require for
the supervision of such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
(d) The Sub -Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub -Recipient under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such Sub -Recipient ; and refer the
case to the Department of Justice for appropriate legal proceedings.
(23) COPELANDANTI-KICKBACK ACT
(a) The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
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 C.F.R. Part 5), Under 40 U.S.C. 3702 of the Act, each contractor
21
must be requiredto compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not
apply to the purchases of suppliesor 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 $1501000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-
7671 q) and the Federal Water Pollution Control Act as amended (33
U.S.C.§§ 1251-1387), and will report violations to FEMA and the Regional
Office ofthe 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.
part 180 and 2 C.F.R. part 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. part 180, subpart C
and 2 C.F.R. part 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. part 180, subpart C and 2 C.F.R. part 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. part 180, subpart C and 2 C.F.R. part 3000, subpart C while
thisoffer 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) BYRDANTI-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
22
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
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;
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.
23
(c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -
Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
(d) The requirement to divide total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses, and women
business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller
components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize
streamlined acquisition procedures (e.g. "project splitting")
24
STATE OF FLORIDA
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
FEDERALLY FUNDED RECIPIENT AGREEMENT
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the last date set forth
below.
SUB -RECIPIENT: COLLIER COUNTY
By:
William L. McDaniel Jr. Chairman
(Name and Title)
Date:
59-6000558
Federal Identification Number
JWKJKYRPLLU6
UEID/SAM Number
G0380
Agreement Number
ATTEST, Crystal K. Kinzel, Clerk
By
Deputy Clerk
Approved as to Form and Legality
Assistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Kevin Guthrie, Division Director
Date:
25
FY 2022-2023 EMPG AGREEMENT
EXHIBIT 1 —AUDIT REQUIREMENTS
The administration of resources awarded by Division to the Sub -Recipient may be subject to audits and/or
monitoring by Division as described in this section.
MONITORING
Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and
accurate documentation is being generated and to assist with any questions or concerns Sub -Recipient's
may have related to the grant. Sub -Recipient's will be monitored programmatically and financially by
Division to ensure that all grant activities and project goals, objectives, performance requirements,
timelines, milestone completion, budgets, and other related program criteria are being met.
On -site monitoring visits will be performed according to Division schedules, as requested, or as needed.
At minimum, Sub -Recipient's will receive monitoring from Division once per year. If an on -site visit cannot
be arranged, the Sub -Recipient may be asked to perform desk review monitoring. Additional monitoring
visits may be conducted throughout the period of performance as part of corrective action when Sub -
Recipients are demonstrating non-compliance.
(a) The Sub -Recipient shall monitor its performance under this Agreement, as well as that of
its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure
that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in the Proposed Budget Detail Worksheet Attachment
A(2) and Scope of Work (Attachment A) to this Agreement and reported in Quarterly Reports (Attachment
A(3)).
(b) In addition to reviews of audits, monitoring procedures may include, but not be limited to,
on -site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. If
the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient
agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding
such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In
addition, the Division will monitor the performance and financial management by the Sub -Recipient
throughout the contract term to ensure timely completion of all tasks.
26
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. §200.1, 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. §200.1, 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:
htto //harvester census oov/fac/collect/ddeindex.html
(d) The Sub -Recipient shall send any management letter issued by the auditor to the
Division at the following address:
27
D EMSingle_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 aclose-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 Ilk 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)).
FY 2022 - 2023 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. 2 C.F.R. Part 200, Uniform Administrative Requirements for Federal Awards
2. Appendix "H", FEMA Preparedness Grants Manual, FEMA Grant Program Directorate, dated May 2P2
3, The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY)
2022 Emergency Management Performance Grant Program (EMPG)
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program: N/A
SUBJECT TO SECTION 215.97 FLORIDA STATUTES:
State Project: N/A
ASSISTANCE LISTINGS NUMBER: 97.042
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS: N/A
FY 2022 - 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:
DEMSingie Audit( em.myflorida.com.
Recipient: Collier County
FEIN: 59-6000558
Sub- Recipient's Fiscal Year: 2022
Contact Name: Dan E Summers
Contact's Phone: 239-252-3600
Contact's Email: dan.summers@colliercountyfl.gov
1. Did 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 Recipient and the Florida Division of
Emergency Management (Division)? ❑xYes ❑No
If the above answer is yes, answer the following before proceeding to item 2.
Did Recipient exceed $750,000 or more of State financial assistance (from DIVISION and all other
sources of State financial assistance combined) during its fiscal year? ❑X Yes ❑No
If yes, 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 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 Recipient and Division? DYes ❑No
If the above answer is yes, answer the following before proceeding to item 2.
Did Recipient exceed $750,000 or more of federal awards (from Division and all other sources of
federal awards combined) during its fiscal year? [X]Yes ❑No
If yes, Recipient certifies that it will timely comply with all applicable single or program —
specific audit requirements of title 2 C.F.R, part 200, subpart F, as adopted and supplement
by DHS at 2 C.F.R, part 200.
By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2
are correct.
Digitally signed by SummersDan
SummersDan
Daze: 2022.10.17 12AM3 -04'W
Signature of Authorized Representative Date
Dan E Summers Director Bureau of Emergency Services
Printed Name of Authorized Representative Title of Authorized Representative
30
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENT A — SCOPE OF WORK
GENERAL POLICY
The Emergency Management Performance Grant (EMPG) provides county emergency management agencies with
funding to build or sustain capabilities required for implementation of the National Preparedness System (NPS) and to
support the National Preparedness Goal (NPG) of a secure and resilient nation. Based on Florida's self -assessment of
the Stakeholders Preparedness Review (SPR) and other relevant sources, the below core capabilities were
identified as priorities to address capability gaps across the State:
• Planning
Public Information and Warning
• Operational Coordination
• Economic Recovery
• Cybersecurity
Grant funds under this program may be charged to one of the below listed activities:
Planning
• Organization
• Equipment
• Training
Exercise
• Management and Administration
II. TASKS) AND DELIVERABLE(S):
The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period of performance.
YI
A. QUARTERLY MATCH
Federal funds provided under the EMPG agreement shall be matched by the Sub -Recipient dollar -for -dollar totaling the
award amount. The 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. 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.
Emergency Management and Preparedness Assistance (EMPA) base grant funds may be used by the Sub -Recipient as
match for EMPG funding.
To demonstrate successful completion of task 1A for Quarters 1-4, the Sub -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.
• If using EMPA as match, no additional supporting documentation is required.
• Supporting documentation is required if the federal obligation exceeds the EMPA award amount or
you are using other non -Federal funds (such as local general revenue) to satisfy the match
requirement.
31
Reporting Requirements.
Quarter 1 Quarter 2 Quarter 3 Quarter 4
DeliverablesDue Deliverables Due Deliverables' Due Deliverables Due
Supporting
Documentation: For non- EMPA funds used as match,
the following documents are required to satisfy the
deliverable:
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.
B. ENSURING THE PROTECTION OF CIVIL RIGHTS
In accordance with civil rights laws and regulations, Sub -Recipients must ensure the consistent and systematic fair, just,
and impartial treatment of all individuals, including individuals who belong to underserved communities that have been
denied such treatment.
Sub -Recipients must complete the Civil Rights Evaluation tool within thirty (30) days of receipt of Award. Sub -Recipients
are not required to complete and submit this tool to the Department of Homeland Security (DHS).
To demonstrate successful completion of task 1 B for Quarters 1, the Sub -Recipient must submit the following items in the
Division's Salesforce system:
DELIVERABLES
• Complete and submit the Civil Rights Evaluation tool (Civil Rig htsEvaluation(a.ha.dhs.aov) to include supporting
materials within thirty (30) days of receipt of the award (November 1, 2022).
Reporting Requirements:
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Deliverables Due N/A NIA N/A
Supporting Documentation: Civil Rights Evaluation Tool Civil RiahtsEvaluation r?a ha.dhs.gov and supporting materials.
IMPLEMENTATION OF THE NATIONAL PREPAREDNESS SYSTEM
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 through 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 have
achieved or
are
working towards achieving NIMS
implementation
objectives. All Sub -Recipients must complete
and submit
the
NIMS Data Collection Worksheet_Local
annually.
To demonstrate successful completion of task 2A for Quarter 1, the Sub -Recipient must submit the following item in the
Division's Salesforce system:
DELIVERABLES
• The Sub -Recipient shall complete the annual NIMS Data Collection Worksheet Local, provided by
the Preparedness Bureau, in the month of September, must be uploaded into Salesforce by
December 01, 2022.
32
Reporting Requirements:
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Deliverables Due NIA'; N/A NIA
Supporting Documentation: The NIMS Data Collection Worksheet_ Local.
OPERATIONAL COORDINATION
The EMPG grant program supports the building or sustainment of core capabilities across the five mission areas that are
necessary to prepare for incidents that pose the greatest risk to the State of Florida. Effective operational coordination
results from the establishment and maintenance a unified and coordinated operational structure and process that
appropriately integrates all critical stakeholders and supports the execution of Core Capabilities.
To demonstrate successful completion of task 26 for Quarters 1-4, the Sub -Recipient must submit the fallowing items in
the Division's Salesforce system:
DELIVERABLES
• Provide proof of participation by a representative of the Sub -Recipient in quarterly meetings with
whole community stakeholders (Le., fire, law enforcement, health and health care coalitions, public
works, public and private sector, and Volunteer Organizations). EMPG funded personnel are
encouraged to participate in these meetings.
Reporting Requirements
Quarter Quarter Quarter Quarter
Deliverables Due Deliverables Due Deliverables Due Deliverables Due
Supporting Documentation: Provide proof of participation by a representative of the Sub -Recipient in quarterly meetings
with whole community stakeholders to include sign -in sheets, agendas, and meeting minutes (for meetings
hosted/conducted by the Sub -Recipient).
C. PUBLIC INFORMATION AND WARNING
The Integrated Public Alert &Warning System (IPAWS) is FEMA's national system for local alerting that provides
authenticated emergency and life-saving information to the public through mobile phones using Wireless Emergency Alerts,
to radio and television via the Emergency Alert System, and on the National Oceanic and Atmospheric Administration's
Weather Radio.
the Sub -Recipient must provide proof of current executed (PAWS Memorandum of Agreement (MOA) and a copy of the
signed (PAWS Rules of Behavior forms for each authorized user given access to send (PAWS messages for the county.
To demonstrate successful completion of task 2C for Quarter 4, the Sub -Recipient must submit the following items in the
33
Division's Salesforce system:
DELIVERABLES
• The Sub -recipient shall upload their updated FEMA IPAWS County executed MOM and,
• Signed IPAWS Rules of Behavior forms for each authorized user given access to send IPAWS messages for the
county. into Salesforce no later than August 30, 2023.
Reporting Requirements
Quarter 1 Quarter 2 Quarter 3 Quarter 4
NIA N/A'' NA Deliverables Due
Supporting Documentation: Submission of executed IPAWS County MOA and Signed IPAWS Rules of Behavior forms
for each authorized user given access to send IPAWS messages for the county.
TASK 3: TRAINING AND EXERCISE
A. INTEGRATED PREPAREDNESS PROGRAM (IPP)
The Sub -Recipient shall develop and maintain an Integrated Preparedness Program (IPP) that identifies a combination of
training and exercise activities that address preparedness priorities and capability gaps based on planning efforts, hazard
and risk assessments, and exercise/incident after -action reviews (AARs). The use of an Integrated Preparedness
Program Workshop (IPPW), where whole community stakeholders are invited to assess plans, hazards/risks, and AARs;
and can identify capability gaps and preparedness priorities is essential to the development and maintenance of an IPP.
The State of Florida uses the IPPW process to synchronize local IPP's into a statewide IPP. Sub -Recipients shall have a
representative participate in their Regional IPPW, and EMPG funded personnel are encouraged to attend.
To demonstrate successful completion of task 3A for Quarter 2, the Sub -Recipient must submit the following items in the
Division's Salesforce system:
DELIVERABLES
• Submit
the County
2024-2026 IPP by January 10, 2023, in Salesforce.
• Proof of participation
by a representative of
the Sub -Recipient in the appropriate Regional IPP
Workshop (IPPW).
EMPG funded
personnel
are encouraged to attend. —
o
Region 1
February 9,
2023
Fort Walton Beach
o
Region 2
February 7,
2023
Havana
c
Region 3
January 26,
2023
Gainesville
o
Region 4
January 20,
2023
Largo
o
Region 5
January 25,
2023
Kissimmee
o
Region 6
January 19,
2023
Sarasota
o
Region 7
January 24,
2023
Doral
Reporting Requirements:
Quarter 1 Quarter 2 Quarter 3 Quarter 4
NA Deliverables Due NA NA
Supporting Documentation: Submission of IPP in Salesforce not later than January 10, 2023, and proof (i.e, sign -in sheet)
of participation by a representative of the Sub -Recipient, including any EMPG funded personnel, in the appropriate Regional
IPP Workshop (IPPW).
B. TRAINING
All EMPG funded personnel must complete either the NIMS Independent Study courses and the Professional Development
Series, or the FEMA National Emergency Management Basic Academy delivered either by EMI or at a sponsored state,
ocal or other designated location.
NIMS Training, Independent Study: I8100, I0200, IS 700, and IS800, and
Professional Development Series (PDS) or Emergency Management Professionals Program (EMPP)
Basic Academy.
To demonstrate successful completion of task 3B for Quarters 1-4, the Sub -Recipient must submit the following items to
the Division's Salesforce system:
DELIVERABLES
• The Division Form 4 - Staffing Detail for all EMPG funded personnel.
• Training verifications for EMPG funded personnel listed on the Division Form 4 —will be provided by
the FDEM Training and Exercise (T&E) Unit to the FDEM Grant Management Staff.
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.
C. VALIDATING CAPABILITIES THROUGH EXERCISE
Exercises play a vital role in preparedness by testing capabilities, familiarizing emergency management personnel with role
and responsibilities, fostering meaningful interaction and communicating 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.
To demonstrate successful completion of task 3C for Quarter 2-4, Sub -Recipients shall have a representative participate in
a minimum of three (3) exercises during the agreement period. All EMPG funded personnel are encouraged to participate
in a minimum of three (3) exercises during the agreement period, submit the following item to the Division's Salesforce
system:
DELIVERABLES
• Sub -Recipient must provide sign -in sheets for exercise in which EMPG funded personnel
participated.
Reporting Requirements
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Deliverables Due (Not t
required if completed
Deliverable Accepted
Deliverables Due
Deliverables Due
in Q 1-3)
Supporting Documentation: Submission of sign -in sheets for exercises in which EMPG funded personnel, participated.
35
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENT A (1)
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
36
• IT Software Upgrades
• Memberships
• Publications
• Postage
• Storage
• Other Personnel/Contractual Services
• Reimbursement for services by a person(s) who is not a regular or full-time employee
filling established positions. This includes but is not limited to temporary employees,
student or graduate assistants, fellowships, part time academic employment, board
members, consultants, and other services.
• Consultant Services require a pre -approved Contract or purchase order by the
Division. Copies of additional quotes should also be supplied when requesting
pre -approval. These requests should be sent to the grant manager for the
Division for review.
• Maintenance and Enhancement
• Major repairs to the County Emergency Operations Center (Need prior EHP
approval)
• Central Heat/Air (Need prior EHP approval)
• Out buildings for storage of Emergency Management Equipment (Need prior EHP
approval)
• Security Improvements (Le., 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: htti)://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.
37
C. EQUIPMENT
Allowable equipment categories for the EMPG Program are listed on the web -based version of the
Authorized Equipment List (AEL) at https://www.fema,gov/authorized-equipment-list. Unless otherwise
stated, equipment must meet all mandatory regulatory and/or FEMA-adopted standards to be eligible for
purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all
necessary certifications and licenses for the requested equipment.
Allowable equipment includes equipment from the following AEL categories:
• Personal Protective Equipment (PPE) (Category 1)
• Information Technology (Category 4)
• Cybersecurity Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials
(Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14)
• CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category 21)
In addition to the above, general-purpose vehicles can be procured in order to carry out the
responsibilities of the EMPG Program, If Sub -Recipients have questions concerning the eligibility of
equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification.
Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high
cost items and those subject to rapid technical advances. Large equipment purchases must be identified
and explained. For more information regarding property management standards for equipment, please
reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316.
Requirements for Small Unmanned Aircraft System
All requests to purchase Small Unmanned Aircraft System (SUAS) must comply with Information Bulletin
(IB) 426 and must include the policies and procedures in place to safeguard individuals' privacy, civil
rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the SUAS
equipment.
Funding for Critical Emergency Supplies
Critical emergency supplies —such as shelf stable products, water, and basic medical supplies —are an
allowable expense under EMPG. DHS/FEMA must approve a state's five-year viable inventory
management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should
include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000.
Equipment Acquisition Costs Supporting Documentation
• Provide copies of invoices, receipts and cancelled checks, credit card statements, bank
statements for proof of payment.
• Provide the Authorized Equipment List (AEL) # for each equipment purchase.
Unauthorized Equipment -Related Costs
• Unallowable Equipment: Grant funds must comply with 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.
As defined in section 200.310 Insurance Coverage: The non -Federal entity must, at a minimum, provide
the equivalent insurance coverage for real property and equipment acquired or improved with Federal
funds as provided to property owned by the non -Federal entity. Federally -owned property need not be
insured unless required by the terms and conditions of the Federal award.
,GCS
D. TRAINING
EMPG Training funds may be used for a range of emergency management -related training activities to
enhance the capabilities of local emergency management personnel through the establishment, support,
conduct, and attendance of training. Training activities should align to a current IPP developed through an
annual Integrated Preparedness Program Workshop (IPPW). Training should foster the development of a
community -oriented approach to emergency management that emphasizes engagement at the
community level, strengthens best practices, and provides a path toward building sustainable resilience.
All EMPG-funded personnel are expected to be trained emergency managers. In addition to training
activities aligned to and addressed in the IPP, all EMPG -funded personnel (including full- and part-time
state, local, tribal, and territorial (SLTT) recipients and Sub -Recipients) shall complete the following
training requirements and record proof of completion:
(1) NIMS Training, Independent Study (IS)-100 (any version), IS-200 (any version), IS-700 (any
version), and IS-800 (any version) AND;
(2) Professional Development Series (PDS) OR the Emergency Management Professionals
Program (EMPP) Basic Academy listed in the chart below.
IS-230.d Fundamentals of Emergency
Management
Planning
IS-241
IS-242.b Effective Commu
IS-244.b Developing and Managing
Volunteers
IS-100 (any version) Introduction to the
Incident Command System
IS-700 (any version) National Incident
Management System (NIMS)-An
Introduction
IS-800 (any version) National Response
Framework, An Introduction
IS-230.d Fundamentals of Emergency
Management
E/L101 Foundations of Emergency
Management
E/L102 Science of Disasters
E/L103 Planning Emergency Operations
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
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
CADDIE) 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 69142.002(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.
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.
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.
41
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 clov/portal/content/l04877),
Hotel Accommodations
• A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles
(one-way) of his or her headquarters or residence unless the circumstances necessitating the
overnight stay are fully explained by the traveler and approved by the Division.
• Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed
$150 per night.
Training Costs Supporting Documentation
Copies of contracts or agreements with consultants providing services;
Copies of invoices, receipts and cancelled checks, credit card statements and bank statements
for proof of payment.
Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they
must be certified by the Emergency Management Director or Lead Instructor verifying
attendance).
For travel and conferences related to EMPG activities:
Copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts,
car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference.
Copies of Conferences must be providing an agenda. Proof of payment is also required for all
travel and conferences. If the Sub -Recipient seeks reimbursement for travel costs that exceed
the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and
$19 for dinner), then the Sub -Recipient must provide documentation that: The costs are
reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular
operations as a result of the Sub -Recipient's written travel policy; and participation of the
individual in the travel is necessary to the Federal award.
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
42
documentation. Sub -Recipients are encouraged to use free public space/locations/facilities,
whenever available, prior to the rental of space/locations/facilities. Exercises should provide the
opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these
skills. Gaps identified during an exercise including those for children and individuals with
disabilities or access and functional needs, should be identified in the AAR/IP and addressed in
the exercise cycle.
Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be
hired to support direct exercise activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the state or unit(s) of local government and have the approval of
the state or FEMA, whichever is applicable. The services of contractors/consultants may also be
procured to support the design, development, conduct and evaluation of exercises.
Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of time spent on the design, development and
conduct of exercises are allowable expenses. These costs are allowed only to the extent the
payment for such services is in accordance with the policies of the state or unit(s) of local
government and has the approval of the state or FEMA, whichever is applicable. In no case is
dual compensation allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single period of
time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities.
Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by
employees who are on travel status for official business related to the planning and conduct of the
exercise activities.
Supplies. Supplies are items that are expended or consumed during the course of the planning
and conduct of the exercise activities (e.g.. gloves, non -sterile masks, and disposable protective
equipment).
Other Items. These costs are limited to items consumed in direct support of exercise activities
such as the rental of space/locations for planning and conducting an exercise, rental of
equipment, and the procurement of other essential nondurable goods. Sub -Recipients are
encouraged to use free public space/locations, whenever available, prior to the rental of
space/locations. Costs associated with inclusive practices and the provision of reasonable
accommodations and modifications that facilitate full access for children and adults with
disabilities are allowable.
When conducting an exercise that shall include meals for the attendees, the Sub -recipient shall submit a
request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both
the Division and the Department of Financial Services to review. The request for meals must be submitted
on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals.
Unauthorized Exercise -Related Costs
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g.,
construction vehicles) and emergency response apparatus (e.g,, fire trucks, ambulances). The
only vehicle costs that are reimbursable are fuel/gasoline or mileage;
• Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise
conduct (e.g., electronic messaging signs);
• Durable and non -durable goods purchased for installation and/or use beyond the scope of
exercise conduct.
43
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),
MANAGEMENT AND ADMINSTRATIVE (M&A)
M&A activities are those defined as directly relating to the management and administration of EMPG
Program funds, such as financial management and monitoring. It should be noted that salaries of state
and local emergency managers are not typically categorized as M&A, unless the state or local EMA
chooses to assign personnel to specific M&A activities.
Management and Administrative Costs Supporting Documentation
• Copies of certified timesheets with employee and supervisor signature documenting hours
worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning
statements, and payroll expenditure reports);
• Costs for M&A activities are allowed up to 5% of the total award amount.
II. OTHER CRITICAL INFORMATION
A. INDIRECT COSTS
Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. §
200.414, Sub -Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an
award must provide a fully executed copy of their negotiated indirect cost rate agreement at the time of
application. Sub -Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost
rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must
provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be
considered on case -by -case basis and based upon the submission of an agreement or proposal.
B. ENVIRONMENTAL PLANNING AND HISTORIC PRESRVATION (EHP) COMPLIANCE
As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or
historic properties to ensure that all activities and programs funded by the agency, including grants -
funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub-
1
cess. 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 hftps://www.fema,gov/media-
ibrarV/assets/documents/1 18323.
44
C. CONSTRUCTION AND RENOVATION
Construction and renovation projects for a state, local, territorial, or Tribal government's principal
Emergency Operations Center (EOC) as defined by the 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 (GPD) prior to
submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many
steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination
with their State Historic Preservation Office to identify potential historic preservation issues and to discuss
the potential for project effects, compliance with all state and EHP laws and requirements). Projects for
which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in as
defined in DHS Instruction Manual 023-01-001-01 Revision 01 FEMA Directive 108-1 and FEMA
Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six
months of the award, and completed EHP review materials must be submitted no later than 12 months
before the end of the period of performance. EHP review packets should be sent to
opdehpinfo(a�fema.gov.
EMPG Program Sub -Recipients using funds for construction projects must comply with the Davis -Bacon
Act (40 U.S.C. §§ 3141 at seq.). Grant Sub -Recipients must ensure that their contractors or
subcontractors for construction projects pay workers no less than the prevailing wages for laborers and
mechanics employed on projects of a character similar to the contract work in the civil subdivision of the
state in which the work is to be performed. Additional information regarding compliance with the Davis -
Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following
website: https://www.dol,gov/whd/govcontracts/dbra,htm
In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that
does not clearly meet the allowable expense criteria established in this Guidance.
D. PROCUREMENT
All Procurement transactions will be conducted in a manner providing full and open competition and shall
comply with the standards articulated in:
• 2C.F.R. Part200;
• Chapter 287, Florida Statutes; 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
ntro contracts.
45
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
noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following stepsmay
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.
LC9
FY 2022 - 2023 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: G0380
1.
PLANNING
$
2.
ORGANIZATION
$
3.
EQUIPMENT
$109,275.00
4.
TRAINING
$
5.
EXERCISE
$
6.
MANAGEMENT AND ADMINISTRATION
$
7.
TOTAL AWARD
$1097275.00
allowable Planning Costs I Quantity ( Unit Cost I Total Cost
Emergency Operations Plan
Salaries and Fringe Benefits
Supplies
Travel/per diem related to planning activities
Salaries and Fringe Benefits
Utilities (electric, water and sewage)
47
0
c`�`
REVISION DATE:
49
t��
FY 2022 - 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 December
31, March 31, June 30 and September30.
Reporting Period
Report due to Division no later than
October 1 through December 31
January 30
January 1 through March 31
April 30
April 1 through June 30
July 30
July 1 through September 30
October 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 H, 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.
50
FY 2022 - 2023 EMPG AGREEMENT
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 CATEGORYILINE ITEMS
Fiscal Year 2022 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 butis
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 ACASE-BY--CASE BASIS*
Signature of Sub-Recipient/Subcontractor's Authorized Official Date:
Name and Title of Sub-RecipienUSubcontractor's Authorized Official
51
FY 2022 — 2023 EMPG AGREEMENT
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Sub -Recipient, ,certifies,
by submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Sub -Recipient's Name
Division Contract Number
Project Number
52
FY 2022 - 2023 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
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, a 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 00 m ), except for designated holidays.
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.
54
FY 2022 - 2023 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 2 C.F.R. Part 200, 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, at 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 (54 USC § 300101, formerly cited as 16 USC § 470), Executive Order
11593, and the Archeological and Historical Preservation Act of 1966 (16 USC § 569a-1 at seq.) by (a)
consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to
identify properties listed in or eligible forinclusion in the National Register of Historic Places that are subject to
adverse effects (see 36 C.F.R. § 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.
G7.y
10, It will comply, and assure the compliance of all its Sub -Recipients and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile
Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the
current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and
all other applicable Federal laws, orders, circulars, or regulations.
11, It will comply with the provisions of 28 C.F.R. applicable to grants and cooperative agreements including
Part18, 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, 34 U.S.C. § 10227 (formerly cited as 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 C.F.R. Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 C.F.R. 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 U.S.C. § 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 41 U.S.C. § 8103.28 CFR Part 67, Subpart F, for grantees, as
defined at 28 C.F.R.Part 67 Sections 67.615 and 67.620.
56
FY 2022 - 2023 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:'
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 CFR 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
I
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
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 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.
(1) 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 1111212020),
FEMA created the 2019 PDAT Contract Provisions Template to assist non -Federal entities. It is available
at https://www,fema.gov/media-library-data/l 569959119092-
2358d63eOOdl7639d5db4deOl5l84c9/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 II.
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENT G
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 II(I); 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 $1607000,
APPENDIX A4 .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:
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-RecipienUsubcontractor's Authorized Official
Name and Title of Sub-Recipient/subcontractor's Authorized Official
Date
59
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENT H
REPORTING FORMS
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT :PERFORMANCE GRANT: PROGRAM• BASE GRANT
2022-2023 EMPG REPORTING FORMS
12022-2023 QUARTERLY REPORTING FORMS
QUARTERLY REPORTS INCLUDE: DIVISION Form 1A - Quarterly Financial Report, DIVISION Form 1B - Quarterly Tasks,
DIVISION Forms 2A & 28 Detail of Claims, DIVISION Form 3A-Quarterly Match, DIVISION Form 4-Staffing Detail and
DIVISION Form 5-Closeout Report,
1 These forms are to be submitted to the Division 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 descriptive 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 2B - Detail of Claims (Salaries & Fringe) forms must accompany the
.Division Form 1A - Quarterly Financial Report each quarter.
�5 The Division Form 1A - Quarterly Financial Report form must be signed by the grant manager or someone with equal authority.
�6 Deliverables and Claims for reimbursement may be submitted via Salesforce 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
Attn: (Division Grant Manager)
Division Form 3A - Quarterly Match:
1. 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. inwices, cancelled checks, credit card
statements, earning statements, paystubs, etc.), if using funds other then EMPA expenditures claimed for reimbursement. Cost -
matching requirements shall be in accordance with 2 C.F.R. part 200.306. Match contributions must be verifiable, reasonable,
allowable, allocable, and necessary under the grant program and must comply with applicable Federal requirements and
regulations.
Division Form 4 - Staffing Detail
1. List EMPG funded Emergency Management Agency staff. Provide a total anticipated annual amount of Salaries and Benefits to
be paid for each position. This form is due with Quarter 1 submission or no later than January 30, 2023, whichever occurs first.
Please provide the Division updates to this form as necessary.
r
2. Along with the Division Form 4 -Staffing Detail, please provide position descriptions for EMPG funded stag.
Along with the Division Farm 4- Staffing Detail, please provide documented policies for any fringe benefits, incentives or special
pay to be claimed through the grant
Division Form 5 - Close Out Report:
1. The Division Form 5 - Close Out Report is due within sixty (60) days after the period of agreement ends. The 2022-2023 EMPG
agreement has a match requirement of Dollar for Dollar 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 provided to the Division along with the Form 5 - Close Out Report (i.e.
invoices, reciepts, cancelled checks, credit card and bank statements, earning statements, paystubs, etc.).
2. The agreement cannot be considered closed until the Division Form 5 -Close Out Report has been received and approved by the
.Division.
Required documentation to support project expenditures:
1. Sub -Recipients 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 venfied by Division staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid
invoices or cancelled checks and paystubs, journal 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 fortes 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 verily form calculations for accuracy before submitting to the Division for review each quarter.
10
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENT H
REPORTING FORMS
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
DIVISION FORM 1A-QUARTERLY FINANCIAL REPORT
AGREEMENT N:.
CLAIM p: 1
AWARDAMOUNT.
QUARTER# 1
SUB -RECIPIENT:'
COUNTY:..
REPORTING FORMS. DUE DATES (30 DAYS AFTER QUARTER)
ADDRESS:
''..1-
Octoberl—Dec.31,2022 (Fortis are due no later than January 30)
2-
Januaryt—March31,2023 (Form are due no later than Also 30)
3-
April—June30,2023 (Form are due no later then Juy 30)
POINT OF CONTACT:
4-
July 1-Sep. 30. 2023 (Fortis are due no later Than October 30)
PHONEIEMAIL
_.
EMPGALLOCgTION CATEGORIES
BUDGETED
ALLOCATIONS
Qi CLAIM
Q2 CLAIM
Q3 CLAIM
Q4 CLAIM
CUMULATIVE
EXPENDED FUNDS
REMAINING
BALANCE
1. PLANNING
$0.00
5000
$0.00
2. ORGANIZATION
$0,00
$0.00
$0.00
3, EQUIPMENT
$0.00
$0,00
$0.00
4. TRAINING
$0.00
$0.00
5000
5. EXERCISE
$0.00
$000
$0.00
6. MGMT AND ADMIN(up to 50/4
$0.00
r $0.00
$0.00
TOTAL
1 $0.00
r$0.00
ar�$0.00
ar�$0.00
50.00
Ir $0.00
I
$0.00
AMOUNT OF REIMBURSEMENT FOR THIS CLAIM:
By signing this report, Icertiy to the best of my knowledge and belief that the report is true, complete, and accurate and the expenditures dsbursemnls and cash
ecepts are for the purposes and objectives set forth in the terns and condilons of the Federal award. I am aw are that any false, fklitlous, or fraudulent informtion, or
the omission of any nalenal fact, trey subject he to crimnal, civil or admnistralm penalties for fraud, false statements, false Clem or Orem is0. (U.S. Code Title 18,
Section 1004 and Tee 31. Sections 3128-3730 and 3801-38 Q)."
SIGNATURE:.
AUTHORIZED REPRESENTATIVE DATE
aQUARTERLY STATUS .REPORT
Please report xemmes EM acliUlles, meelln s, trainin or other necessary information Io su ort oared ro 2sslon.
THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION
AWARD AMOUNT
DIVISION LATE RECeVEO STAMP
PRIOR CLAIMS
THIS CLAIM AMOUNT
BALANCE OF AWARD
61
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENT H
REPORTING FORMS
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT- EMPG BASE
DIVISION FORM 1B-QUARTERLYTASKS
SUB -RECIPIENT:
QUARTER:
EM Funded start Name a PoslNon Tune
REQUIREMENTS
Danty
By mainjim this resod I Carl comphate and accurate, and the eyisbrido
QTR1
QTR2
QTRJ
ERR
uanedy tdamh.suddh ud
Match
hto enlly the nonfederal matchaging Ammint For these sub
arch
c1parIG using twat docurarentallon is
supron
user n me farms match amount ported IDU
Wi
-041
oI IS): Loading the Protection of C141 Rights. Complete and
mat the CNI hts ion end
cMlpigmsEramMion®rq.dhagov Farm (Attachment H1 to
Oude Wing Marcos% WIND thirty (30) days of circus of
a Notice of Around (November t, 022) for the her swam
der vn ih this term Andres. (Due 01)
T2IA)'. National Incident Management System: nM5 Data
Preparedness
allergen Prepareess
month of September, n
Bweauem
visions December t 20n to the Bureau Chit of
absurdness(Due CI)
2(B)Oitergeve our wnme
my stakeholders quarterly basicto
misleading n region build Agency
agamicannis Regional
deal Emergency Planning Comm ttee. Regienat Health Care
divisions Local h unitCrawlActive in
mer) or by hashrMfrnduCrawltl� meetings
Runway Makeholl Must f of cauurnat ion by a
eradisenlances df the SibRnlpm� Quarters meetings.
es . agendas and sign -Insheets .
(Dcoding
0441
ue1
T2(C): Pubb information and assuming neclgnt shall
uRoad their updated FEMA IPAWs County executed SEA and
slHned(PAWS Rules of Behaver forms to each aNhoraed user
earn Access to send IPAWS messages far the county to
no Than August 3q 2023, (Due Cog
T3 (A1: rt egmted preparedness Program: Upload the County
024.2026 PP in rce by January to, 2023. ProNde Woof
of panidiparen M a representative Of ReuMent in the
appdidate Regional IPP Workshop yHAW) EMPG funded
Tamariencragrage to attend are and places are listed
tithe sceope of xwk(SOW), (Due
13 MI: Timer Pravda Crashed Fanarene Oetall for an
EMPG peonnel. ProNde tradingGrounders for EMPG
tl terminal.
need persanel hard on Dm'clon Form startng Detail. If
adifthates re uploaded Into SERT MAC. the Divisions Grant
the TARE Unit. (Due off,
Ociates if necessary a41
t3 (CI: valelatinH Capaplmms Through Exercise: Prague sign in
heel a cogitate of padlclpatlon In a minimum of three(3)
MPG persableaccepethe
revises fon e
performance cd)(Dn 02-04,
Not required If completed InQil
i+rna oacr+rmyxnouradga and ovnvrm+r
IS s. Code Tiffs f erM1on 1ppf and Title3i. Sections ub(vW3]3dAnd Jl
SIGNATURE:.
At
PRINTED NAME..
3 EPRESENTATIVE
62
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENTH
REPORTING FORMS
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
2022-2023 EMERGENCY MANAGEMENT. PERFORMANCE GRANT PROGRAM-EMPG BASE GRANT
1 DIVISION FORM 2A-DETAIL OF CLAIMS
SUB -RECIPIENT. INCURRED DATE RANGE:. Example: duly 1 through Sept. 30 2022
lease use separate Dvislon Foam 2A-Detail of Claims per allocation category. Please proxae FEMA ALL numbers for EQUIPMENT expenditures ONLY.
Please provide a budget mysion to the Denim along with this to", if expenses being claimed are not allocated on the most recently approved budget.
Please include the Costs Incurred Dale Range in the applicable cell above. This is usually the quarterly Wood: however, a Sub -Recipient may Incorporate a larger date
range to include a forgotten claim for relmhursement for a payment made the previous quarter (within the period of the agreement). This allowance does not circumvent the
four(4) required reporting submissions.
ALLOCATION CATEGORIES
PLEASE SELECT FROM THE LIST BELOW
cn7ecoRv:
PLANNING
N
VENDOR
DESCRIPTION OF SERVICE OR EXPENSE
DATE OF
PAYMENT
FOR SERVICE
OR EXPENSE
ncodefuldata
PAYMENT
REFERENCE If
fro (CB, 30
PURCHASE
AMOUNT
FEMA AELP
(WA if equlpommwas not
pwchased)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
TOTAL
5
"By going this report Icedify (a the bcar olmyknowledge and belief that the moral is five, complete, and accurate, and the expendituredisbursements and cash receipts am for
the purposes and objectives set hrlh in the terms and conditions o/the Federal anartl.l am aware that any false, fictitious, or/ ✓dulen(inhnnab'an, or(he omission orally mstatist
fact, maysubject me(o criminal, civil oradminisfmliva penalties for send, false s(afamads, false claim soralewives. (U.S. Code Title lB, Section 1001 and Title 31, Sections
3729-3730 and 3001-3012).'
SIGNATURE:.
AUTHORIZED REPRESENTATIVE
PRINTED NAME:'. '..
63
FY 2022 = 2023 EMPG AGREEMENT
ATTACHMENT H
REPORTING FORMS
2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM
DIVISION FORM 2B- DETAILOF CLAIMS
SALARI ES AND FRING E BENEFITS
Pa Period: From: To:
Sub-Redplent Name:
Incored Date Range:
Claim It
DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? Note: If this claim Includes incentives or
spedal pay, please provide FDEM with the written established policy for support,
a
o
r
a
7Ww
TM
0
0
It
M Funded staff Name
9ct
c
3
s i
'&
$150000.00
SubTotals $15000.00 $ '
Total Cost Charged to the Grant $15000.Oo
"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 forthe proposes and objectives setforth in the terms and conditions of
the Federal award. I am aware that any false, fictitious, or fradulent Information, or the ommission 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:
"By signing this report, I certify to the best of my knouledge and belief that the report is two, complete, and accurate, and the
expenditures, disbursements and cash receipts arc 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
cardinal, civil or administrative penalties for fraud, false statements, false Claims Of Otherulse. (U. S. Code Title 18, Section 1001 and
Title 31, Sections 3724-3730 and 3801�3812)."
SIGNATURE:.
AUTHORIZED REPRESENTATIVE
PRINTED NAME: '..
TITLE:.,.,'..
DATE:
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENT H
REPORTING FORMS
PL
2022-2023 EMERGENCY h
SUB -RECIPIENT:
QUARTERLY REPORTING PERIOD:
NT
AM - EMPG BASE GRANT
CLAIMM 1
iept,30
1. Federal funds provided underlhe 2022-2023 EMPG agreement shall be matched bythe Sub -Recipient (dollar -for -dollar) totaling the award amount. Each quarter
the Sub -Recipient must Identifythe non-federal match amount on the Quarterly Hatch Form 3A.
2.lf the EMPGfunds are being matched with 2022-2023 EMPA claimed eNlentlilures, oatldillonal back-uplsupporting documentation is required to be submitletl
with this form.
3. If the 2022-2023 EMPG award exceeds the 2022-2023 EMPA award, or if the Sub -Recipient is not using EMPA claimed exlfenditures to fu1011 the EMPG match
requirement, appropriate back-up/supporting documentation must accompanyihis form to support fulfilment of the required match (I.e. invoices, receipts, paystubs,
earnin statements, cancelled checks, credit card and bank statements,etc..
EMPGREPORTMG
AWARD AMOUNT;
EMPG QUARTERLY CLAIM
CUM. RINGS IXPENDED
REMAINING BALANCE
QUARTER 1
$0.00
$0.00
QUARTER 2
$0.00
$0.00
QUARTER 3
$0.00
$0.00
QUARTER4
$0.00
$0.00
TOTAL EMPG CLAIMS
$0.00
EMPA REPORTING
AWARD AMOUNT:
$ i105,806.004
EMPA QUARTERLY CLAIM
CUM: RINDS IXPENDEDREMAINING
BALANCE'.
QUARTER 1
$0.00
$105,806.00
QUARTER 2
$0.00
$105,806.00
QUARTER 3
$0.00
$105,806.00
QUARTER 4
$0.00
$105,806.00
TOTAL EMPA CLAIMS
$0.00
_. '.
i MATCH REPORTING
REQUIRED
MATCH AMOUNT:
$ ': -
"EMPA
LOCAL General Revenue
"LOCAL Other
'DTHER Non-Federap
QUARTERI
QUARTER 2
QUARTER3
QUARTER 4
TOTAL
$0.00
$0.00
$0.00
$0.00
EMPG TOTAL MATCH.
$0.00
"Bysigning this report,lcemlyto the bast of my knovAedge andbel�elthat the report is true complete, daccurare, and the expenditures,d bursa ants and cash eceipfsa elr
the purposes end objectives set /orth in the terms andcondi(ions o/the Federal avard. I am anere that any/else ficriticus, or /reudulent in/o/motion, or the omission o/anymaterial
/act maysubject me to criminal, ciWl or administrative penalties/or/aud,/else statements, lelseclaims or olherxise.(U.S Code Title lB, Section 1001 and Title 3l, Sections
3729-3730 and 380 /-3812)."
SIGNATURE... _..
AUTHCPoZ®RFPRESFNTATIVE '.
PPoN(EG NAME
C�
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENTH
REPORTING FORMS
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT-EMPG BASE GRANT
:DIVISION FORM 4 -STAFFING DETAIL
EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES AND BENEFITS
SUB -RECIPIENT::
POINT OF CONTACT: I
Jane Doe, Planner
EMPLOYEE INFORMATION
LOCAL
STATE
AND: FEDERAL
'.
Only funded Staff Name, Position The
&
Annual
%
%
%
$
%
$
%
Area of Responsibility
Total Salaries
County
Other
EMPG
EMPG
EMPA
EMPA
Total
If
(Preparedness, Response, Recovery,
l66gahon & Finance
& Benefits $
? General Fund
Local
- Base Grant
Base Grant
Base Grant
Base Grant
All
by Position
(Local)
Funds
` (State)
(State)
(Federal)
(Federal)
Funds
[1]
[21
1314
5
(61
[71
161
9
1
Ex. Jane Doe, Director, ALL
$ 60,00000
50%
$ 30,000.00
50%
'$30000,00 :
100%
z
$ -
' $0,00
or
3
$ -
'; $0,00
0% -.
4r
$
' $0,00
0%
5
$
$0,00
0%
6
$
$0,00
0% `..
8
$
5, $000
0%
10
$
$0,00
'.. 0% 2
11
$ -
$000
0% '...
12
$ -
'. $0,00
0%
13
$
$0,00
: 0%
14
$ -
+. $0,00
0%
15
$ -
$0.00
0% -.
16
17
$ -
$0,00
0% S:
18
$ -
$0,00
0% '.
19
$
$0,00
0%
20
$
$0.00
0%
`TOTAL
$=309000,00:
$30,000.00 ''
DIRECTIONS:
1. In Column #11 list the name, position title and area of respons bifty(s) for all funded EMPG Emergency Management staff .
2 In Column #2, list total anticipated annual amount of Salaries and Benefits to be paid for each EMPG funded position.
3. In Columns #3-5 & 71 provide the funding distribution (%) In each applicable column.
4. In Column #6, list the amount of Salaries and Benefits to be paid out of EMPG grant funds
5. In Column #8, list the amount of Salaries and Benefits to be paid out of EMPA grant funds
6. Column #9 calculates the sum of percentages entered in Columns 3 - 5 & 7 and must equal 100% of the anticipated annual salaries and benefits per EM
position '..
7. Please provide to the Division updates or revislons to this form throughout the period of the agreement, as necessary.
8. This forth is to be submitted to the Division along With the let Quarter submission, or by January 30, 2023, whichever occurs first.
CT�
ALLOCAIK)N CATEGORE.S
IXPENJIRIRB'a
1. BANNING
FY 2022 - 2023 EMPG AGREEMENT
ATTACHMENTH
REPORTING FORMS
Division FORM 6 - CLOSEOUT REPORT $hall be completed and submitted to the Division no later than sixty (60) days after the
paned of performance ends. The 20222023 period of performance ends on September 30, 2023. Division FORM 5Is due by
October 30, 2023.
SUB -RECIPIENT: AGREEMENT #:,
POINT OF CONTACT: EMPG AWARD AMOUNT:. $
PHONE/EMAIL: UNCLAIMED BALANCE:$
RBMBURSBNEM REC M BY THESUR RFCIREfff
(Include any advanced funds and final requested payment)
DATE
AMOlM7
AWARD AMOUNT. $
(LESS ADVANCED FUNDS)', $
(LESS REIMBURSEMENTS)''.. $
UNCLAIMED BALANCE OF AWARD', $
TOTAL MATCH
SIGNATURE REQUIRED
'By signing this report, I certify m the bee of my knowledge and belief that the report I$true, complete, and accurate, and the expenditures
Ifsbursements and cash receipts are for the purposes and objectivesset forth In the terms and conditions of fhe Federal awe rd.I am aware that
,ny false, fictitious or fraudulent information, or (he omission of any materiel fact, may subject me to criminal, civil or adminisfra five penalties
or fraud, false #a foment; false claims or mherwim. (U.S. Code Title 19, Section 1001 and Tiffs 31, Sections 37294730 and 3801-38f2)."
SIGNATURE AND DATE:.
AUTHORIZED REPRESENTATIVE
'RINTED NAME AND TITLE:
iefund sector final interest checks are due no later than ninety (90) days after the expiration of the Agreement
its checks payable to: Cashier, Florida Division of Emergency Management
,tail te: Florida Division of Dnergency Management, 2555 Shumard Oak Blvd., Tallahassee, Honda 323942100, Aft (pision Grant Manager)
BELOW TO BE COMPLETED BY FDEM:
SIGNATURE AND DATE:
Didsion Grant Manager
SIGNATURE AND DATE:
Division Programmatic Renewer