Agenda 09/26/2023 Item #16F 6 (Accept grant from the Florida Division of Emergency Management)09/26/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute State-Funded Emergency
Management Preparedness Assistance (EMPA) agreement A0345 accepting a Grant award
totaling $105,806 from the Florida Division of Emergency Management (FDEM) for emergency
management program enhancement and authorize the associated Budget Amendment. (Fund
1833, Project No. 33869)
OBJECTIVE: To enhance emergency program activities within Collier County for Fiscal Year 2023-
2024.
CONSIDERATIONS: The Emergency Management Preparedness Assistance (EMPA) Grant is given
by the Florida Division of Emergency Management (FDEM) to each county for the past thirty years
and does not require an application. These funds are available through a surcharge of $2.00 for ea ch
residential insurance policy and $4.00 for each business insurance policy issued in Florida. The Florida
Legislature adopted Rule 9G-19, Florida Administrative Code in January 1994. This Rule enables
counties with full-time emergency management directors to receive monies to enhance existing
programs by purchasing additional equipment, services, or hiring additional personnel.
Funding through this program for Fiscal Year 2023-2024 is $105,806 and can be used for program
enhancement activities as outlined in Attachment A to the Agreement. As in past years, monies from
this fund cannot be used to supplant existing emergency management funding. In addition, per Rule
27P-19.011, Florida Administrative Code, at a minimum, the Recipient shall continue to provide other
funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the
average of the previous three years' level of county general revenue funding of the Recipient's
Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency
Management Agency for the last fiscal year, whichever figure is lower. Collier County meets this
requirement. This grant is for a period of one year (7/1/23-6/30/24).
FISCAL IMPACT: A budget amendment is required to appropriate grant revenue in the amount of
$105,806 for the FDEM EMPA grant A0345 in the Admin Service Grant Fund (1833), Project 33869.
This agreement does not require a match.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority
vote for approval. -DDP
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: To approve and authorize the Chairman to execute State-Funded Emergency
Management Preparedness Assistance (EMPA) agreement A0345 accepting a Grant award totaling
$105,806 from the Florida Division of Emergency Management (FDEM) for emergency management
program enhancement and authorize the associated budget amendment. (Fund 1833, Project No.
33869)
Prepared by: Christine Boni, Accountant II, Division of Emergency Management
ATTACHMENT(S)
1. AGREEMENT EMPA A0345 2023-2024 (PDF)
16.F.6
Packet Pg. 1956
09/26/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.6
Doc ID: 26489
Item Summary: Recommendation to approve and authorize the Chairman to execute State-Funded Emergency
Management Preparedness Assistance (EMPA) agreement A0345 accepting a Grant award totaling $105,806 from
the Florida Division of Emergency Management (FDEM) for emergency management program enhancement and
authorize the associated Budget Amendment. (Fund 1833, Project No. 33869)
Meeting Date: 09/26/2023
Prepared by:
Title: Accountant – Emergency Management
Name: Christine Boni
08/29/2023 10:25 AM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
08/29/2023 10:25 AM
Approved By:
Review:
Emergency Management Daniel Summers Director Review Completed 09/15/2023 11:19 AM
Grants Maria Kantaras Level 2 Grants Review Completed 09/15/2023 1:47 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 09/15/2023 3:30 PM
Emergency Management Michael Choate Executive Director Review Completed 09/18/2023 9:24 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2023 9:52 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/18/2023 10:35 AM
Office of Management and Budget Agnieszka Chudy Additional Reviewer Completed 09/18/2023 11:45 AM
Grants Therese Stanley Additional Reviewer Completed 09/19/2023 8:32 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/19/2023 2:52 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM
16.F.6
Packet Pg. 1957
Agreement Number: 40345
STATE-FUNDED GRANT AGREEMENT
EMERGENCY PREPARDNESS AND ASSISTANCE GRANT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
Collier County
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division AND Recipient agree to the following:
(1) SCOPE OF WORK
(a) The Recipient shall perform the work in accordance with the Scope of Work (Attachment
A) and Proposed Budget Detail Worksheet (Aftachment A (2)), of this Agreement.
L'AO
(hereinafter referred to as the "Recipient").
(21 INCORPORATION OF LAWS, RULES. REGULATIONS, AND POLICIES
(a) As required by Section 215.971(11, Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that the
Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Recipient fails
to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Recipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which the
Recipient is entitled underthe terms and conditions of the agreement must be refunded to the Division.
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(b) In addition to the foregoing, the Recipient and the Division shall be governed by all
applicable State and Federal laws, rules, and regulations, including those identified in the Scope
of Work (Attachment A). Any express reference in this Agreement to a particular statute, rule, or
regulation in no way implies that no other statute, rule, or regulation applies.
(3)PERIOD OF AGREEM ENT
(a) This Agreement shall begin July 1,2023 and shall end on June 30,2024,
unless terminated earlier in accordance with the provisions of Paragraph (12) TERMINATION.
ln accordance with Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized
by this Agreement "only for allowable costs resulting from obligations incurred during" the period of
Agreement.
(4)FUNDING CONSID ERATION
(a) This is a cost-reimbursement Agreement, subiect to the availability of funds.
(b) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution,
(c) The Division will reimburse the Recipient only for allowable costs incurred by the
Recipient for the completion of each deliverable. The maximum reimbursement amount for each
deliverable is outlined in the Proposed Budget Detail Worksheet (Attachment A (2)) The maximum
reimbursement amount for the entirety of this Agreement is $105,806.00.
(d) The Division will review quarterly requests for reimbursement by comparing the
documentation provided by the Recipient against a performance measuTe, outlined in Scope of Work
(Attachment A), and Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion
(Attachment C) which clearly delineates:
i The required minimum acceptable level of service to be performedi and,
ii. The crileria for evaluating the successful completjon of each deliverable.
i. Any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory, contractual, administrative, or
other legally applicable requirementsi and,
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(e) The Division's Grant Manager, as required by Section 215 -971(2\(c'l' Florida Statutes,
shall reconcile and verify alt funds received against all funds expended during the period of agreement
and produce a final reconciliation report. The flnal report must identify any funds paid in excess of the
expenditures incurred by the Recipient.
(0 For the purposes of this Agreement, the term "improper payment" means or includes:
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ii. Any payment to an ineligible party, any payment for an ineligible good or service,
any duplicate payment, any payment for a good or service not received (except for such payments where
authorized by law), any payment that does not account for credit for applicable discounts, and any
payment where insufficient or lack of documentation prevents a reviewer from discerning whether a
payment was proper.
(g) As required by the Reference Guide for State Expenditures, reimbursement for travel
must be in accord with Section 1 12.061 , Florida Statutes. The Recipient must submit submission of the
claim on either their local travel voucher with supporting documentation and their local travel policy, or on
the approved state travel voucher.
(5) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress of all Recipients and subcontractors in
completing the work described in the Scope of Work (Attachment A) and the expenditure of funds under
this Agreement, in addition lo any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than forty-five (45) 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
3'1, 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 occurs first.
(d) lf all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, 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 Recipient shall provide additional program updates or information that may be
required by the Division.
(0 The Recipient shall provide additional reports and information identified in the Division of
Emergency Management Enterprise Solution (DEMES).
(6) MONTTORTNG
(a) The Division is responsible for and shall monitor Recipients performance under this
Agreement. 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.
)
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(b) ln 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.
(c) 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 Recipients may have related to the grant. Recipients will be monitored
programmatically and financially by the Division to ensure that all grant actlvities and project
goals, objectives, performance requirements, timelines, milestone completion, budgets, and
other related program criteria are being met.
(d) On-site monitoring visits will be performed according to Division schedules, as requested, or
as needed. At minimum, Recipients will receive monitoring from Division per year. lf an on-
site visit cannot be arranged, the 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 Recipients are demonstrating non-compliance.
(7)SU BCONTRACT
lf the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the
Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the
terms ofthis Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and 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. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes.
(8) AUpTTS
(a) ln accounting for the receipt and expenditure of funds under this Agreement, the
Recipient shall follow Generally Accepted Accounting Principles ('GAAP'). As defined by 2 C.F.R.
5200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
(b) When conducting an audit of the Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards ('GAGAS"). As defined by 2
C.F.R, 5200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
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(c) lf an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the 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 notifled the Recipient of such non-compliance.
(d) The 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 audits must be received by the Division no later than nine months from the end of the
Recipient's flscal year.
(e) The Recipient shall send copies of reporting packages required under this paragraph
directlv to each of the following:
The Division of Emergency Management
DEMSinqle Audi em. mvflorida.com
DEMSingle_Audit@em.myfl orida.com
OR
Office of the lnspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General
Room 401, Claude PePPer Building
111 West Madison Street
l-allahassee, Florida 32399-1450
(9) LrABrLlw
(a) Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida
Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performed under this Agreement. For purposes of this Agreement, 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 Recipient which is a state
agency or subdivision, as defined in Section 768.28(?), 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 Recipient to which sovereign immunity applies, Nothing herein shall be construed as consent by a
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state agency or subdivision ofthe State of Florida to be sued by third parties in any matter arising out of
any contract,
(10) DEFAULT
lf any of the following events occur ("Events of Default'), all obligations on the part of the Division to make
further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise
any of its remedies set forth in Paragraph (1 1) 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:
(a) lf any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the 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) lf material adverse changes occur in the financial condition of the Recipient at any time
during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days
from the date written notice is sent by the Division.
(c) lf any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete, or insufficient information;
(d) lf the Recipient has failed to perform and complete on time any of its obligations under
this Agreement.
(1 1)REIM E DIES
lf an Event of Default occurs, then the Division shall, after thirty (30) calendar days, provide written notice
to the Recipient and upon the 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 Recipient is given at least thirty (30) days
prior wrilten notlce 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) Wthhold or suspend payment of all or any part of a request for paymenl;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not be limited to:
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i. Request additional information from the Recipient to determine
the reasons for or the extent of non-compliance or lack of performance;
ii. lssue a written warning to advise that more serious measures
may be taken if the situation is not corrected,
iii. Advise the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question ori
iv. Require the Recipient to reimburse the Division for costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law. Pursuing any of
the above remedies will not stop the Division from pursuing any other remedies in this Agreement or
provided at law or in equity. tf the Division waives any right or remedy in this Agreement or fails to insist
on strict performance by the 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 Recipient.
(12)TERMINATIO
(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 Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 1 19, Florida Statutes, as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its
sole disoretion, that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the 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 this Agreement.
(d) ln the event this Agreement is terminated, the Recipient will not incur new obligations for
the terminated portion of this Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Oivision
because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by
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law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due
the Division from the Recipient is determined.
(13)PROCU REM ENT
(a) The 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. SS
200.318 through 200.327, Appendix ll to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal
Entity Contracts Under Federal Awards"), and Section 287 .057 , Florida Statutes.
(b) As required by 2 C.F.R. S 200.318(i), the 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
rgection, and the basis for the contract price."
(c) As required by 2 C.F.R. S 200.318(b), the Recipient shall "maintain oversight to ensure
that contractors perform in accordance with the terms, conditions, and specifications of their contracts or
purchase orders." ln order to demonstrate compliance with this requirement, the Recipient shall
document, in its qua(erly 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. S 200.320(a)(1) or
procurements by small purchase procedures pursuant to 2 C.F.R. S 200.320(a)(2), if the Recipient
chooses to subcontract any of the work required under this Agreement, then the 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 Recipient within seven (7) business days. Consistent with 2 C.F.R.
5200.325, the Division will review the solicitation for compliance with the procurement standards outlined
in 2 C.F.R. SS 200.318 through 200.327 as well as Appendix ll to 2 C.F.R. Part 200. Consistent with 2
C.F.R. S 200.318(k), the Division will not substitute its judgment for that of the Recipient. While the
Recipient does not need the approval of the Division in order to publish a competitive solicitation, this
review may allow the Division to identity 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 Recipient remains bound by all applicable laws,
regulations, and agreement terms. lf during its review the Division identifies any deflciencies, then the
Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7)
business day window outlined above. lf the Recipient publishes a competitive solicitation after receiving
comments from the Division that the solicitation is deficient, then the Division may:
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i. Terminate this Agreement in accordance with the provisions
outlined in paragraph (12) above; and,
ii. Refuse to reimburse the Recipient for any costs associated with
that solicitation.
(e) Except for procurements by micro-purchases pursuant to 2 C.F.R. S 200.320(aX1)or
procurements by small purchase procedures pursuant to 2 C.F.R. S 200.320(a)(2), if the Recipient
chooses to subcontract any of the work required under this Agreement, then the 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 Recipient within seven (7) business days.
Consistent with 2 C.F.R. S 200.325, the Division will review the unexecuted contract for compliance with
the procurement standards outlined in 2 C.F.R. SS 200.318 through 200.327 as well as Appendix ll to 2
C.F.R. Part 200. Consistent with 2 C.F.R. S 200.318(k), the Division will not substitute its judgment for
that of the Recipient. While the 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 Recipient remains bound by all applicable laws, regulations, and agreement terms. lf during
its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies
to the Recipient as quickly as possible within the seven (7) business day window outlined above. lf the
Recipient executes a subcontract after receiving a communication from the Division that the subcontract
is non-compliant, then the Divislon may:
i. Terminate this Agreement in accordance with the provisions
outlined in Paragraph (12) above; and,
Refuse to reimburse the Recipient for any costs associated with[.
that subcontract
(D The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractods performance of work under this Agreement, to the
extent allowed and required by law.
(S) As required by 2 C.F.R. S 200.318(cX1), the Recipient shall "maintain written standards
of conduct covering conflicts of interest and governing the actions of its employees engaged in the
setection, award and administration of contracts."
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(h) As required by 2 C.F.R. S 200.319, the Recipient shall conduct any procurement under
this agreement "in a manner providing full and open competition." Accordingly, the Recipient shall not:
Place unreasonable requirements on firms in order for them to
qualify to do business;
.
affiliated companies;
iv.
retainer contracts;
V.
vi.
offer an equivalent;
vii.
Require unnecessary experience or excessive bonding;
Use noncompetitive pricing practices between flrms or between
Execute noncompetitive contracts to consultants that are on
Specity a brand name product instead of describing the
performance, speciflcations, or other relevant requirements that pertain to the commodity
or service solicited by the procurement;
viii. Engage in any arbitrary action during the procurement process;
or,
ix. Allow a vendor to bid on a contract if that bidderwas 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 otheMise, the Recipient, as required by 2 C.F.R. S 200.319(c), shall not use a geographic
preference when procuring commodities or services under this Agreement.
0) The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids)
in accordance with 2 C.F.R. S 200.320(b)(1) as well as Section 287.057(1Xa), Florida Statutes,
(k) The Recipient shall conduct any procurement involving requests for proposals (i.e,
competitive proposals) in accordance with 2 C.F.R. S 200.320(b)(2) as well as Section 287 057(1Xb),
Florida Statutes.
(l) 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. $5200.318 through 200.327 as well asAppendixll to 2 c.F.R. Part200. These resources are
ent-disaster-assistance
Authorize, condone, or ignore organizational conflicts of interest;
Specify only a brand name product without allowing vendors to
generally available at https:.fema. oov/Drocure
l0
-team FEMA periodically
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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. SS200.318 through 200.327 as well as Appendix ll 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
av ail a ble at httDS://www.fema.oov/media-librarv-data/1 5699 59 17 ?327 -
92358d63e00d 17639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf
ii. 2019 PDAT Contract Provisions Templale available at
httDs://www.f ema. qov/med ia -librarv-data/1 5699591 1 9092-
92358d63e00d1 7639d5db4de01 51 84c9/P DAT ContractProvisionsTemplate 9-30-19.pdf
(14) ATTACHMENTS AND EXHIBITS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) ln 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 - Single Audits
Exhibit 2 - 27P-19 Administrative Code - EM Director Certification
Attachment A - Scope of Work
Attachment A (1) - Allowable Costs and Eligible Activities - Budget Directions
Attachment A (2) - Proposed Program Budget Detail Worksheet
Attachment A (3) - Quarterly Reports
Attachment B - Justification of Advance Payment
Attachment C - Certification Regarding Debarment, Suspension, lneligibility and Voluntary
Exclusion
Attachment D - Warranties and Representations
Attachment E - Statement of Assurances
ll
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16.F.6.a
Packet Pg. 1968 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
(15) NOTTCE OF CONTACT
(a) All notices provided by 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:
Division Contractual Point of Contact
Brandi King
2555 Shumard Oak Blvd., Suite 330J
Tallahassee, FL 32399-21 00
(850) 815-4340
Brandi. King@em. myfl orida.com
Division Programmatic Point of contact
Terence Blakely
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 81s-4367
Terence. Blakely@em.myflorida.com
Dan E Summers
Title: Director, Bureau of Emergency Services
Add ress 8075 Lely Cultural Pkwy
Ste 445
Naples, FL 341 13
Phone: 239_252_3600
Email: dan.summers@colliercountyfl.gov
(16)PAYMENTS
(a) Any advance payment under this Agreement is sub.iect to Section 216.181(16), Florida
Statutes. All advances are required to be held in an intereslbearing 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
Payment (Attachment B) will specify the amount of advance payment needed and provide an explanation
t2
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(e) The name and address of Division's Programmatic Reviewer for this Agreement is:
(0 The name and address of Representative of the Recipient responsible for the
administration of this Agreement is:
Name:
16.F.6.a
Packet Pg. 1969 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
(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
addressl
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(b) ln accordance with section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, 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 A ND 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 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 Recipient, cause the termination of this Agreement and the release of
the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws ofthe State of Florida, and venue for
any actions arising out of this Agreement shall be in the Circuit Court of Leon County. lf any provision of
this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
()
l3
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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. FDEM will only advance
50% of the total award amount.
(b) lnvoices shall be submitted to include the supporting documentation for all costs of the
project or services. The final invoice shall be submitted within forty-five (45) 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 Recipient's quarterly reporting as referenced in
Paragraph (5) REPORTS of this Agreement.
(c) lf the necessary funds are not available to fund this Agreement as a result of action by
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
Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division.
16.F.6.a
Packet Pg. 1970 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
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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 Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seo.), 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 lisl 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.
(0 Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it
and its principals:
i. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered transactions by a
federal department or agency;
ii. Have not, within a five-year period preceding this proposal been
convicted of or had a civil Judgment rendered against them for fraud or a criminal offense
in connection with obtaaning, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transactioni violation of federal or state antitrust
statutes or commission of embezzlement, thefi, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property,
iii. Are not presently indicted or otherwise criminally or civilly
charged by a governmental entity (federal, state, or local) with commission of any
offenses enumerated in Paragraph (18x0(ii) of this certiflcation; and
iv. Have not within a five-year period preceding this Agreement had
one or more public transactions (federal, state, or local) terminated for cause or default.
(S) lf the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
(h) ln addition, the Recipient shall send to the Division (via Division of Emergency
Management Enterprise Solutions (DEMES) the completed "Certification Regarding Debarment,
16.F.6.a
Packet Pg. 1971 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
Suspension, lneligibility And Voluntary Exclusion" (Attachment C) for each intended subcontractor which
Recipient plans to fund under this Agreement. The form must be received by the Division before the
Recipient enters into a contract with any subcontractor.
(i) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of chapter 119, Florida Statutes, which the Recipient created or received under this Agreement.
0) lf the 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 lmmigration and Nationality Act
("lNA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the lNA, Such violation by the 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.
(l) 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 division
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
lran 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 lsrael List or is engaged in a boycott of lsrael.
(1e)STATE REOU IREMENTS PERTAINING T O LOBBYING
(a) 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."
(b) 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.
ND TRADEMARK
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(20)COPYRIGHT, PATENT A
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16.F.6.a
Packet Pg. 1972 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
EXGEPT 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. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE
HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA(a) lf the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and entitlements to that pre-exasting patent or copyright unless this Agreement provides otherwise.
(b) lf any discovery or invention is developed in the course of or as a result ofwork or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. lf any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Vvithin thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement that he or she knows or should know
could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-
existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists
The Division shalt then, under Paragraph (b), have the right to all patents and copyrights that accrue
during performance of this Agreement.
(d) lf the Recipient qualifles as a state university under Florida law, then, pursuant to Section
'1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall
become the sole property of the Recipient. ln the case ofloint inventions, that is inventions made jointly
by one or more employees of both parties hereto, each party shall have an equal, undivided interest in
and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive
license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked
work products, developed solely by the Recipient, under this Agreement, for Florida government
purposes.
(21)LEGAL AUTHOBIZAIIQN
(a) The Recipient certifles 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 Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
l6
16.F.6.a
Packet Pg. 1973 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
(221 STATEMENT AND ASSURANCES
(a)
Attachment E
The Recipient shall comply with any Statement o{ Assurances incorporated as
(a) As a condition of receiving state financial assistance, and as required by Sections
20.055(6Xc) and 215.97(5)(b), Florida Statutes, the Division, the Chief lnspector General ofthe State of
Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of
access to any documents, financial statements, papers, or other records of the 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 Recipient's personnel for the purpose of
interview and discussion related to such documents. For the purposes of this section, the term "Recipient"
includes employees or agents, including all subcontractors or consultants to be paid from funds provided
under this Agreement.
(b) The Recipient shall maintain all records related to this Agreement for the period of time
specified in the appropriate retention schedule published by the Florida Department of State. lnformation
regarding retention schedules can be obtained at: http://dos. mvflorida.com/librarv-archives/records-
manaqemenv qeneral-record edules/
(c) 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) all 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 recelpt 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. lf 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 firellghting seryices 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 Recipient based upon the funds provided under this Agreement, the meetings of the 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 1 19, Florida Statutes.
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(23) RECORpS
16.F.6.a
Packet Pg. 1974 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
l8
(d) 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 speciflcally 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 offlcial 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.
(e) The Recipient shall maintain all records for the 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
(Attachment A 2) - Proposed Budget Detail Worksheet and Scope of Work (Attachment A) - and all other
applicable laws and regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATTON 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 32399.
(24) TERMS AND CONDITION
(a) This Agreement contains all the terms and conditions agreed upon by the parties,
(25) EXECUTTON
(a) This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(26) MODTFTCATTON
(a) Either Party may request modiflcation of the provisions of this agreement. Modilications
of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties.
(27) CONSTRUCTION and RENOVATION
o<3
16.F.6.a
Packet Pg. 1975 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
Construction and renovation projects for a local government's principal
Emergency Operations Center (EOC), are allowable under the EIvIPA Program. The Division
must provide written approval prior to the use of any EMPA Program funds for construction or
renovation. Requests for EMPA Program funds for construction of an EOC must be
accompanied by a justification to their EMPA Grant Manager for review and processing. The
above examples are not intended to exclude other construction projects as potentially
allowable costs. For example, construction of a facility for the storage of critical emergency
supplies, as a Point of Distribution (POD) for emergency distribution, and/or to serve as a
staging area for deployment of emergency response resources is potentially an allowable
expense. Other construction or renovation projects, such as a secondary or local EOC, will
be considered on a case-by-case basis, with advance written approval.
(28) REAL PROPERTY
Section 287.05805, Florida Statutes, Contract requirement for use of state funds to
purchase or improve real property-Each state agency shall include in its standard contract document
a requirement 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.
(2e)CONTRACTING W TH SMALL AND MINORITY B USINESSES
(a) lf the Sub-Recipient, with the funds authorized by thas Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. S 200.321 and Section 288.703, Florida Statutes,
the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area flrms are used whenever possible:
i. Placing qualifled small and minority businesses and women's business
enterprises on solicitation listsi
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;
19
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16.F.6.a
Packet Pg. 1976 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
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 nol impose an obligation to set aside either the solicitation or award of
a contract to these types of flrms. Rather, the requirement only imposes an obligation to carry out and
document the six afflrmative steps identified above.
(c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-
Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
(d) The requirement to divide total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses, and women's
business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller
components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize
streamlined acquisition procedures (e.g. "project splitting").
or,o20
16.F.6.a
Packet Pg. 1977 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
STATE OF FLORIDA
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
STATE. FUNDED SUBAWARD AND GRANT AGREEMENT
SIGNATURE PAGE
lN WTNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set
forth below.
RECIPIENT: COLLIER COUNTY
By
(Name and Title)
Dale. 9126123 ATTEST: Crystal K. Kinzel, Clerk
By
59-6000558 Deputy Clerk
Federal ldentification Number
Approved as to Form and Legality
JWKJKYRPLLU6
UEID/SAM Number
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Kevin Guthrie, Division Director
D€R6KO. ?CAA1
L23-Et4C-ooS6s 1
Assistant County Attorney
lf signing electronicalty: By providing this electronic signature, I am attesting that I understand that electronic
sigiatures are legally binding and have the same meaning as handwritten signatures. I am also conlirming that
inlernat controts have been maintained, and that policies and procedures were properly followed to ensure the
authenticity of the electronic signature.
fhis state;ent ls to ceftify thal t confirm that this etectrcnic signaturc is to be the lega y binding equivalent of
my handwritten signature and that the data on this form is accurate to the best of my knowledge
o
(J
Date
21
Rick LoCastro, Chairman
By:
16.F.6.a
Packet Pg. 1978 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
FY 2023 _ 2024 EMPA AGREEMENT
EXHIBIT 1 - SINGLE AUDITS
AUDIT COMPLIANCE CERTIFIGATION
Email a copy of this form at the time of agreement submission to the Division at:
DEMSinqle Audi em.mvflorida.com
Recipient: CollierCounty
Contact Name: Dan E Summers contact's Phone: 239-252-3600
Contact's Email: dan.summers@colliercountyfl.gov
2 Did Recipient expend Federal awards during it flscal year that it received under any agreement
(e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic
incintive awarl agreement, etc.) betwe;n Recipient and Division? Myes ENo
lf the above answer is yes, answer the following before proceeding to item 2.
Did Recipient exceed $750,000 or more offederal awards (from Division and all other sources of
federal awards combined) during its fiscal year? UYes nNo
lf yes, Recipient certifies that it will timely comPly with all applicable single or program -
specific audit requirements of title 2 G.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.
Daz. Srnnz"o August 22,2023
Signature of Authorized Representative
Dan E Summers
Date
Director, Bureau of Emergency Services
Printed Name of Authorized Representative Title of Authorized Representative
U
Sub- Recipient's Fiscal Year: 2023FEIN: 59-6000558
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)? Myes Etto
lf the above answer is yes, answer the following before proceeding to item 2.
Did Recipient exceed $750,000 or more of State financial assistance (flem DIVISION and all other
sources of State flnancial assistance combined) during its fiscal year? MYes ENo
lf yes, Recipient certifies that it will timely comply with all applicable State single or project
specific audit requirements of section 215.97(2Xi), Florida Statutes, and the applicable rules
of the Department of Financial Services and the Auditor General.
22
16.F.6.a
Packet Pg. 1979 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
FY 2023 - 2O2l EMPA AGREEMENT
EXHIBIT 2- 27-I9 FLORIDA ADMINISTRATIVE CODE
EM DIRECTOR CERTIFICATION
ln accordance wrth lhe 2023-2024 Emergency Management Preparedness and Assistance Grant
agreement, which shall begrn July 1 . 2023 and shall end on June 30. 2024. and to remain consistent with
section 252 38(1)(c). Florida Statutes and Rules 27P-19 005(4) and (5). Flonda Admrnrstratrve Code. rn
order to receive EMPA funding each County Emergency Management Agency shall annually certify on
therr Exhrbrt 3 theu commitment to employ and maintain a Orrector
t.Amy Patterson (Name) cerlity compllance wrth the requirements for the 2023-
2024 Emergency Management Preparedness and Assistance grant program
Collier County Government (Reciprent) has employed an Emergency Management Drrector
(EM Director) pursuant to Section 252 38(3Xb) Flonda Statutes
Amy Patterson also certrfy lhat I am the offrcral representattve for
Collier County Government(Reclpent) and have authonty 1o p,n6 Collier County Government
(Recipient) to this cerlificalion of compliance
Signed by
pnnted Name Amy Patterson
111" County Manager
oare.6t27t23
phone/Emait 239-252-5721 Amy. Patterson@colliercountyfl .gov
1.1
CF'O
16.F.6.a
Packet Pg. 1980 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
GENERAL POLICY
The purpose ofthe Emergency Management Preparedness and Assistance Grant (EMPA) is to provide
state funds to assist local grovernments in preparing for all hazards as authorized by Section 252.373,
Florida Statutes. Funds shall be allocated to implement and administer county emergency management
programs, to support the following activities:
Planning
Organization
Equipment
Training
Exercise, and
Management and Administration
Pursuant to Rule 27P-19.0'10(1 1 ), Florida Administrative Code, the Division shall determine allowable
costs in accordance with 48 C.F.R. Part 31, entitled "Contract Cost Principles and Procedures." 2 C.F.R
Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards."
TASKS AND QUARTERLY DELIVERABLES
Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection,
Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal.
Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-
made disasters/emergencies.
The Recipient must successfully complete the following Tasks and Deliverables throughout the period of
performance. Quarterly deliverables must be uploaded through the Division of Emergency Management
Enterprise Solution (DEMES) portal.
TASK 1: CERTIFICATION OF COUNry EMERGENCY MANAGEMENT STAFF
A. EMERGENCY MANAGEMENT DIRECTOR AND STAFF CERTIFICATION
Pursuantto Section 252.38(1)(c), Florida Statutes, the County Emergency Management Agency shall
perform emergency management functions throughout the Jurisdictional limits of the county in which it is
organized.
Pursuant to Rule 27P-19.004, Florida Administrative Code, each County Emergency Management
Agency must annually certify their commitment to employ and maintain a director consistent with Rule
27P-19.005(4) and (5), Florida Administrative Code.
To demonstrate successful completion, the Recipient must submit the following into DEMES:
EESEAEIES:
. E&jEj!_3 - Certification letter for the Emergency lvanagement Director in accordance with Rule
27P-19.004, Florida Administrative Code, in accordance with Table below.
.
CAO
t.
Attachment A
Scope of Work
FY 2023-2024 EMPA Agreement
16.F.6.a
Packet Pg. 1981 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
Reportinq Form 4- Staffin g Detail and Position Descriptions for funded emergency
management staff in accordance with Table below
REPORTING REQUIREMENTS
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Updates Only Updates Only Updates Only
TASK 2: LOCAL COST SHARE CERTIFICATION
A. COST SHARE
Pursuant to Rute 27P-19.011(1), Florida Administrative Code, Recipient shall provide documentation to
show cost share amount either equal to the average of the County Emergency Management Agency's
previous three years' level of general revenue funding or the level of funding for the last fiscal year,
whichever figure is lower.
lf the Recipient demonstrates that exceptional financial circumstances prevent the Recipient from
complying with the cost share match requirements specified in Rule 27P-19.0'11(1), Florida Administrative
Code, then the Recipient may request that the Division authorize a reduction in the amount of cost share
required. All requests for cost share reduction shall be submitted no later than forty-five (45) days after
lhe county budget has been approved pursuant to Rule 27P-19.01 1(2).
To demonstrate successful completion, the Recipient must submit the following in DEMES:
DELIVERABLES:
Reportin Form 3 - Local Cost Share Certification in accordance with Table below.
A copy of the current and accurate !99a1-B!dg9! (General Revenue) including the sioned budoet
in accordance with Table below
A copy ofthe Emergency Management general revenue expenditure (general ledger) report in
accordance with Table below
REPORTING REQUIREMENTS:
Quarter 1 Quarter 2 Quarter 3 Quarter 4
N/A Updates Only Updates Only
TASK 3: RESPONSE CAPABILITIES
A. Equipment lnventory and Availability
Pursuant to Section 252.35(2)(s), Florida Statutes, the Division must maintain an inventory of portable
generators owned by the state and local governments which can operate during a major disaster. Upon
notification by the Director or State Emergency Response Team (SERT) Chief, the Agency in possession
of the portable generators shall make such generators available for deployment on behalf of the Division.
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25
Deliverables Due
Deliverables Due
16.F.6.a
Packet Pg. 1982 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
DELIVERABLES:
. Complete an inventory of portable generators owned by the local governments which can
operate during a major disaster. The inventory must identify:
o The location of each generator;
o The number of generators stored at each speciflc location;
o The agency to which each generator belongs;o The primary use of each generator by the owner agencyi and
o The names, addresses, and telephone numbers of persons having the authority to loan
the stored generators as authorized by the Division during a declared emergency.
To demonstrate successful completion, the Recipient must submit the above information to the Division's
WEBEOC Equipment lnventory Board no later than March 31, 2024.
REPORTING REQUIREMENTS:
B. Logistics Staging Areas
To meet the immediate needs of survivors of disasters, the State has developed the capacity to establish
Logistics Staging Areas to expedite the recovery process. ln accordance with the Division's State
Logistics Staging Areas (LSA) Operations Guidance, Recipients are requested to identify areas that will
be used for the staging of emergency supplies, such as water, fuel, generators, vehicles, equipment' and
other related materials.
Upon activation, the Field Logistics Unit or Logistics Section Chief will make a request tor utilization of
areas uploaded into the WEBEOC Emergency Site Board.
OELIVERABLESj
GIS or aerial photo map of the site, showing the boundaries of the usable space and any points of
entry or exit, should be made available to locations. Population Requirements are as follows:
o For Counties with a population above 500,000, provide the Division with three (3) LSA
locations.
o For Counties with a population above 100,000 but below 500'000, provide the Division
with two (2) LSA locations.o For Counties with a population below 100,000, provide the Division with one (1) LSA
location.
To demonstrate successful completion, Recipient must submit upload the above information to the
WEBEOC Emergency Site Board no later than )une 30,2024.
REPORTING REQUIREMENTS:
o
70
Quarter 1 Quarter 2 Quarter 3 Quarter 4
N/A Deliverables Due Updates Only
Quarter 1 Quarter 2 Quarter 3 Quarter 4
NA NA Deliverables Due
26
N/A
NA
16.F.6.a
Packet Pg. 1983 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
FY ?023 - 2024 EMPA AGREEMENT
ATTACHMENT A (1)
ALLOWABE COSTS AND ELIGIBLE ACTIVITIES - BUDGET DIRECTIONS
I. CATEGORIES AND LIGIBLE ACTIVITIES
The 2023 EMPA 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.
EMPA 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. WholeCommunityEngagemenuPlanning. Resource Management Planning. Sheltering and Evacuation Planning. Recovery Planning. Continuity PIans
For planning expenditures to qualiry for reimbursement under this Agreement, the Recipient must submit
a final plan to the Division for approval. As part of any request for reimbursement for planning
expenditures, the Recipient must submit the following:. Copies of contracts or agreements prior to contracting with consultants or sub-contractors
providing services;. lnvoice from any consultanVcontractor involved in the planning 0;. Copies of all planning materials and work product (e.9. meeting documents, copies of plans);
. lf a meeting was held by Recipient, an agenda and sign-in sheet with meeting date
. Proof of payment (e.9. , credit card statement, Bank Statement);. Complete debarment form and/or Sam.gov for any contractors/consultants;. Proof of Procurement method (e.9. quotes, and or Solicitation);
B. OPERA TIONAL
EMPA Program funds may be used for all day-to-day preparedness activities in support
phases of emergency management (preparedness, response, recovery, and mitigation)
of the four
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27
Rules 27P-19.004 and 27P-19.0061, Florjda Administrative Code., outline the minimum performance
level (definition below). Each Emergency Management Staff person must be available to work the
number of hours and assume the responsibilities for the duties in their official position description as well
as provide the coordination and support for all incidents within the jurisdiction on a 24-hour basis.
Eligible "Operational cost" items include, but are nol limited to:. Salaries and Fringe Benefits
16.F.6.a
Packet Pg. 1984 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
. Utilities (electric, water and sewage). Service/Maintenance agreements (provide vendor debarment and service agreement for
contractual services). OfflceSupplies/Materials. lT Software Upgrades. Memberships. Publications. Postage. storage. OtherPersonnellContractual Services. Reimbursement for services by a person(s) who is not a regular or full-time employee fllling
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.
Fundinq for Gritical Emerqency Supples
Critical emergency supplies-such as shelf stable products, water, and basic medical supplies-are
an allowable expense under ElVlPA. 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
For salaries, provide copies of payroll expendiure reports
Expense ilems need to have copies of invoices, or receipts and proof of payment (credit card
statements, bank Statements) for. All docUmentation for reimbursement amounts must be clearly
visible and defined (i.e., highlighted, underlined, circled on the required supporting
documentation).
Ptease /Vote: You can only charge 1% of the total award amount for apparel and promotional items
c.EQU IPMENT
Pursuant to 27P-19.010 Disbursement. Allowable equipment costs shall be determined in acco rdance
with applicable Federal Otfice of Management and Budget Circulars, or, in the event no circular applies,
by 48 C.F.R. part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. lf an item qualifies as
reasonable and necessary, and the item is EMPc-coded on the FEMA AEL, then the Recipient does not
need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement.
lf the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA
AEL, then the Recipient must receive permission from the Division prior to purchasing the item. lf the
Recipient purchases such an item without receiving permission from the Division beforehand, then the
Division will not provide any reimbursement for that purchase.
Allowable equipment includes equipment from the following AEL categories
o Personal Protective Equipment (PPE) (Category 1)
. lnformation Technology (Category 4)
. Cybersecurity Enhancement Equipment (Category 5)
. lnteroperable Communications Equipment (Category 6)
. Detection Equipment (Category 7)
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28
Ooerational Costs Suoportinq Documentation
lf the recipient seeks reimbursement for operational activities, then the following shall be submitted:
16.F.6.a
Packet Pg. 1985 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost
items and those sublect 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. SS 200.310, 200.313, and 200.316.
ln order to receive payment for successfully attending a training course, the Recipient must
provide a certificate of completion,, all receipts that document the costs incurred by the Recipient
in order to atlend the course.
EouiDment Acouisition C SuDoortino Documentationo Provide copies of invoices, or receipts, proof of payment credit card statements, bank statements
for.. Provide the Authorized Equipment List (AEL) # for each equipment purchase.
D. TRAINING
EMPA Training funds may be used for a range of emergency management-related training activities to
enhance the capabilities of state and local emergency management personnel through the establishment,
support, conduct, and atlendance of training. 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.
The Recipient can successfully complete an authorized course either by attending or by conducting that
course.
. Power Equipment (Category 10). Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials
(Category 1 1). CBRNE lncident Response Vehicles (Category 12). Physical Security Enhancement Equipment (Category 14). CBRNE Logistical Support Equipment (Category 19). Other Authorized Equipment (Category 21)
The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA'S
preparedness grant programs and can be located at https://www.fema.qov/authorized-eo uioment-list.
lf Recipients have questions concerning the eligibility of equipment, they shall contact their Grant
lvlanager for clarification.
ln order to receive payment for successfully conducting a course, the Recipient must provide the
course sign-in sheet. with all receipts that document the costs incurred by the Recipient in order
to conduct the course.
e ln order to receive payment for successfully conducting a workshop, the recipient must provide
workshop sign-in sheets, materials used for workshop, and all receipts that document the costs
incurred by the Recipient in order to conduct the workshop.
For training, the number of participants must be a minimum of fifteen (15) in order to justify the cost of
holding a course. For questions regarding adequate number of parlicipants, please contact the Division
State Training Officer for course specific guidance. Unless the recipient receives advance approval from
the State Training Offlcer 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 fifteen (15) participants.
Allowable training-related costs include the following
29
ov:)
16.F.6.a
Packet Pg. 1986 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
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
welt 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 (lPP) 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, lmplement and Evaluate
(ADDIE) model for instruction design.
Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of attendance at FEIVIA 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. ln no case is dual compensation
allowable. That is, an employee of a unat of government may not receive compensation from their
unit or agency of government AND from an award for a single period of time (e.9., 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 ofthe state or FEMA, whichever is applicable
Certification/Recertification of lnstructors. Costs associated with the certification and re-
certification of instructors are allowed. States are encouraged to follow the FEMA lnstructor
Quality Assurance Program to ensure a minimum level of competency and corresponding levels
of evaluataon of student learning. This is particularly important for those courses which involve
training of trainers.
Conferences
The Division recognizes the impo(ant role that conferences can play in the professional development of
emergency managers
Rule 691-42.002(3), Florida Administrative Code, deflnes 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
supervlsed to accomplish intensive research, study, discussion, and work in some speclfic fleld 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 servace for conference travel under this Agreement.
ln pertinent part, Rule 691-42.004('1), Florida Administrative Code, states "No public funds shall be
expended for attendance at conferences or conventions unless:
30 oFo
16.F.6.a
Packet Pg. 1987 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
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 reimbursemenl for payment of the registration fee or for a conference or convention must
in clu de:
. 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 lhe
reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section
112.061(6Xc), 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 lhe 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 conlinuous travel of 24 hours or more away from otficial 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
ot
Meal Allowance and Per Diem:
Section 112.061(6Xb), Florida Statutes, establishes the meal allowance for each meal
durinq a travel period as follows:
$6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.);
$1 1 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.);
519 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or w hen travel
occurs during nighttime hours due to special assignment.)
Section 112.061 a Florida Statutes establishes the diem amounts
All travelers are allowed: The authorized per diem for each day of travel; or,
lf actual expenses exceed the allowable per diem, the amount allowed for meals as provided in
s. 1 12.061 (6) (b), F.S., plus actual expenses for lodging at a single occupancy rate.
3l
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16.F.6.a
Packet Pg. 1988 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
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
depa(ure until the time of return.
Reimbursement for Meal Allowa nces 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 1 12.061(14), Florida Statutes, are satisfled;
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 htt o rta l/co n te n
Hotel Accommodations
A traveler may not claim per diem or lodging reimbursement for overnight travel within fifty (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 $ 175 per night.
Trainino costs Supportinq Documentation. Copies of contracts 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;
r Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets
they must be certified by the Emergency l\4anagement Director or Lead lnstructor verifying
attendance).
For travel and conferences related to EMPA 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. lf the Recipient seeks reimbursement for travel costs that exceed the
amounts stated in section 112.061(6Xb), Florida Statutes ($6 for breakfast, $11 for lunch, and
$19 for dinne0, then the Recipient must provide documentation that: The costs are
reasonable and do not exceed charges normally allowed by the Recipient in its regular
operations as a result of the 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 pertormance towards meeting capability
targets established in a jurisdiction's lntegrated Preparedness Program (lPP) for the core capabilities
needed to address its greatest risks.
Allowable Exerc -Related Gosts
Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to
planning, meeting space and other meeting costs, facilitation costs, materials and supplies,
travel, and documentation. Recipients are encouraged to use free public
)t
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16.F.6.a
Packet Pg. 1989 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
space/locations/facilities, whenever available, prior to the rental of space/locations/facilities.
Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as
to identity any gaps in these skills. Gaps identified during an exercise including those for
children and individuals with disabilities or access and functional needs, shall be identified in
the AAR/IP and addressed in the exercise cycle.
Hiring of Contractors or Consultants. Contractors or Consultants 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. 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
backfllling 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 polacies of the local government. ln
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.9., 1:00 p.m. to 5:00 p.m.), even lhough such work may beneflt both
activities.
Travel. Travel costs (e.9., 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.9., gloves, non-sterile masks, fuel, and
disposable protective equipment).
Other ltems. 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. 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.
\n/hen conducting an exercise that shall include meals for the attendees, the recipient shall submit a
request for approval to the Division no later than tlventy-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.9.,
construction vehicles) and emergency response apparatus (e.9., 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.9., electronic messaging signs);
Durable and non-durable goods purchased for installation and/or use beyond the scope of
exercise conduct.
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lf the recipient seeks reimbursement for exercise activlties, then the following shall be submitted:
. Documenlation clearly indicating the purpose/objectives of the exercise (e.9. Situation
Manual, Exercise Plan)i. After-action report with lmprovement Plan (AAR/IP), Sign-ln sheets, Agenda;. Receipts and proof of payment (e.9. canceled check, electronic funds transfer confirmation,
credit card statement, bank statement) for supplies expenditures (e.9. copying paper, gloves,
tap, etc.)l
16.F.6.a
Packet Pg. 1990 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
lnvoices and proof of payment for Travel costs (e.9., internal travel voucher, airfare, mileage,
per diem, hotel) related to exercise activities;
Proof of purchase methodology, if applicable (e.9. quotes, sole source, state contract,
competitive bid results).
No later than 90 days after completion of an exercise, the recipient must upload to the DEMES an After
Action Report (AAR) that includes the following:
An lmprovement Plan; and,
A roster of participants.
F. MANAGEMENT AND A DMINISTRATIVE (M&A)
M&A activities are those defined as directly relating to the management and administration of EI\/PA
Program funds, such as financial management and monitoring. ll 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.
Supplanting Prohibited
Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to
supplant existing funding." Additionally, Rule 27P-19.003(3), Florida Administrative Code, states; "Funds
received from the [E[/PA] Trust Fund may not be used to supplant existing funding, nor shall funds from
one program under the Trust Fund be used to match funds received from another program under the
Trust Fund."
o34
[.@
A, RULE 27P.19. FLORIOA ADMINISTRATIVE CODE
Rule 27P-19.010(1 'l ), Florida Administrative Code, states: "Allowable costs shall be determined in
accordance with applicable Federal Office of Management and Budget Circulars... " Therefore, unless a
specific exception applies, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall
apply to this Agreement.
Expenses
To qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient
mustbe reasonable and necessary forthe successful completion of atask required by this Agreement. lf
an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the
Division shall not provide any reimbursement for that expense.
NOTE: This Scope of Work recognizes that each Recipient:
. Might be at a different level of preparedness than another Recipient
. Operates within a unique geography
. Faces unique threats and hazards. Serves a unique population
Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a
task under this Agreement might not qualify as reasonable and necessary for another Recipient to
successfully complete a task. Conversely, what might not qualify for one may qualify for another.
16.F.6.a
Packet Pg. 1991 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
To avoid a "one size fits all" approach, this Agreement provides some level of flexibility. lf a unique cost
(e.9. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful
completion of a task under this Agreement, and if the Recipient receives permission from the Division
prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost.
B. INDIRECT COSTS
lndirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. $
200.414. Recipients with a negotiated cost rate agreement lhat desire to charge indirect costs to an
award must provide a copy of their negotiated indirect cost rate agreement at the time of application.
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.
C. PROCUREMENT
All Procurement transactions will be conducted in a manner providing full and open competition an d shall
comply with the standards articulated in:. 2 C.F.R. Part 200;. Chapter 287, Florida Statues; and,. Any local procurement policy.
Per 2 CFR 200.318 through 200.326, Recipients are required to adhere to certain procurement standards
for entering contracts for personnel or services. This includes full and open competition, methods of
procurement to follow, federal or passthrough entity review, and including federal provisions intro
contracts.
D. FINANCIAL CO NSEQUENCES:
lf a recipient fails to comply with the terms and conditions of the State award, the Division may terminate
the award in whole or part. lf 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. lf the
noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following steps
may be taken:
(1) Temporarily withhold payments pending correction of the deficiency by the recipient.
(2) Disallow (that is, deny both use of funds and any applicable matching credit foo 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.
-D-o(Jt
35
Performance
To qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy
the minimum level of service required for the successful completion of a task required by this Agreement.
lf the performance fails to satisfy the minimum level of service, then the Division shall not provide any
reimbursement for that performance.
16.F.6.a
Packet Pg. 1992 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
FY 2OZ3 _ 2024 EMPA AGREEMENT
ATTACHMENT A (2)
PROPOSED PROGRAM BUOGET DETAIL WORKSHEET
The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund
monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work
(Attachment A).
The "Proposed Program Budget Detail Worksheet" serves as a guide for both the 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 Recipient shall complete the "Proposed Program Budget Detail
Worksheet" listed below. lf the Recipient fails to complete the "Proposed Program Budget Detail
Worksheet", then the Division shall not execute this Agreement.
After execution of this Agreement, the Recipient may ghange the allocation amounts in the "Proposed
Program Budget Detail Worksheet." lf the Recipient changes the "Proposed Program Budget Oetail
Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget
Detail Worksheet" to reflect current expenditures.
BUDGET SUMMARY AND EXPENDITURES
REGIPIENT:
AGREEMENT:
xxxxxxx, couNTY oF
A0000
1. PLANNING ls
2, ORGANIZATION ls
3, EQUIPMENT
4, TRAINING Is
5, EXERCISE ls
6, MANAGEIVIENT AND ADMINISTRATION 16
7. TOTAL AWARD l$ 105,806.00
Unit Cost Total CostQuantityAllowable Planning costs
Emergency Operations Plan
Salaries and Fringe Benefits
S u pplies
Traveliper diem related to planning activities
Unit Cost Total CostQuantityAllowable Organization Costs
Salaries and Fringe Benefits
Utilities (electric, water and sewage)
:16
cAo
l$ r os,eoo oo
FY 2023.2024 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET. ELIGIBLE ACTIVITIES
(Not limited to activities
TOTAL PLANNING EXPENDITURES $
16.F.6.a
Packet Pg. 1993 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
S e rvice/ lvla in te n a n ce agreements
Supplies/Materials
Memberships
Publications
Postage
Storage
o R GA o N E x P RES
Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost
Personal protective equipment
lnformation technology
Cybersecurity enhancement equipment
lnteroperable communications equipment
Detection Equipment
Power equipment
Towable Diesel Generator 10GE-00-GENR TBD 1 05,806.00
CBRNE Reference Materials
CBRNE lncident Response Vehicles
Physical Security Enhancement Equipment
Logistics
Other authorized equipment costs
21GN-oo-OCEQ - EOC Equipment & Supplies
(provide description of EOC equipment & supplies)
TOTAL EQUIPMENT EXPENDITURES $ t os,ooo.oo
Quantity Total Cost
Salarjes and Fringe Benefits
Develop. Deliver Train ing
Workshops and Conferences
cho
$
Allowable Training Costs Unit Cost
16.F.6.a
Packet Pg. 1994 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
Certif ication/Recertif ication of I nstructors
Travel
Supplies
Total Cost
ilNlNG EXP
Quantity Unit Cost
Overtime and Backfill
Allowable Exercise Costs
Salaries and Fringe Benefits
Design, Develop, Conduct and Evaluate an Exercise in
accordance with HSEEP standards
Exercise Planning Workshop
Travel
S u p plies
Overtime and Backfill
Salaries and Fringe Benefits
REVISION DATE:
i8
aso
$
TOTAL EXERCISE EXPENDITURES
Allowable Management and Administration Costs
(Up to 5% of total award)Quantity Unit Cost Total cost
TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES
TOTAL EXPENDITURES $105,805.00
16.F.6.a
Packet Pg. 1995 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
Quarterly financial reports are due to the Division no later than fortyjive (45) days after the end of
each quarter of the program year and must continue to be submitted each quarter until
submission of the final close-out report. The ending dates for each quarter of this program year
are September 30, December 31 , March 31, and June 30.
Reporting Period Report due to Division no later than
July 'l throuqh September 30 November 15
October 1 throuqh December 31 February 15
January l throuqh March 31 May 15
April 1 throuqh June 30 Aug ust 15
The Recipient shall provide all support documentation for the quarterly financial reports.
A. The Recipient must provide all supporting documentation for the quarterly financial reports. The
Division shall accept back up documentation by email if the County is not able to upload on
Salesforce.
B. The Quarterly Tasks form I 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.
C. ln order to ensure compliance with Rule 27P-19.011, Florida Administrative Code, the Local
Budget lvlatch Requirement Form shall be completed and sent when the Local Cou ntv Budqet is
aoproved or by November 15, 2023. The County shall provide a copy of the current Emergency
Management Local Budget (General Revenue) including approved budget date with the form lf
the County's current budget is lower than the previous year, or the average of the last three
years, the county is required to request a Waiver no later than forty-five (45) days after the county
budget is approved.
D. In a format provided by the Division, Form 4 - Staffing Detail and position descriptions of each
funded county emergency management staff shall be submitted no later than November 15,
2023, or along with 'l'r quarter reimbursement submission, whichever occurs first.
E. The flnal close-out report is due sixty (60) days after termination of this Agreement by August 30,
2024, ot 60 days after completion of activities contained in this agreement, whichever occurs first.
F. 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. FDENI will make three written attempts to collect
required information before initiating an administrative closeout. lf an award is admin istratively
closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. S 200.339'
consider this information in reviewing future award applications, or apply special conditions to
exisling or future award
39
qo
FY 2023 _ 2024 EMPA AGREEMENT
ATTACHMENT A (3) - QUARTERLY REPORTS
Recipients must provide the Division with quarterly financial reports and a final close-out report.
16.F.6.a
Packet Pg. 1996 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
FY 2023- 2024 EMPA AGREEMENT
ATTACHMENT B
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
lf you are requesting an advance, indicate same by checking the box below.
Advance payment of $is rcqucstcd. Balancc ol'paymcnts will bc ntirdc on a rcinlburscnrcnt basis. Thcsc
funds are needed to pay stafl award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We
would not be able to operate the progmm without this advance.
lf you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
LINE ITEM JU STIFICATION (For each line item, provide a detailed lustification explaining the need for the
cash advance. The justification must include supporting documentation that clearly shows the advance will
be expended within the first ninety (90) days of the contract term. Support documentation should include, but
is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to
provide the Division reasonable and necessary support that the advance will be expended within the first
ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the
contract term shall be returned to the Division Cashier,2555 Shumard Oak Boulevard, Tallahassee, Florida
32399, within thirty (30) days of receipt, along with any interest earned on the advance)
-REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE AY CASE AAS'S*
Signature of RecipienySubcontractor's Authorized Official
Name and Title of RecipienUSu bcontractor's Authorized Official
BUDGET CATEGORY/LINE ITEMS
(list applicable line items)
Fiscal Year 2023 Anticipated Expenditures for
First Three Months of Contract
For example
ADMINISTRATIVE COSTS:
For example
PROGRAM EXPENSES:
TOTAL EXPENSES:
40
Date
I ]ADVANCE REQUESTED
go
16.F.6.a
Packet Pg. 1997 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
FY 2023 - ?024 EMPA AGREEMENT
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
Subcontractor Covered Transactions
(1) The prospective subcontractor of the 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.
(2t Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR
By
Signature Recipient's Name
Name and Title Division Contract Number
Street Address
City, State, Zip
Date
Project Number
oY
4l
Gertification
Oebarment, Suspension, lneligibility
And Exclusion
16.F.6.a
Packet Pg. 1998 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
FY 2023- 2024 EMPA AGREEMENT
ATTACHMENT D
WARRANTIES AND REPRESENTATIONS
(2) Records that identity the source and use offunds for all activities. These records shall contain
information pertainlng 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. 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.
(2) 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. ln 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 shatl be made to the bidder or offeror whose bid or offer is responsive to the solicitation
and is most advantageous to the 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 Recipient. All bids or offers may be rejected when it is in the
Recipient's interest to do so.
ova
42
Financial Manaoement
Recipient's flnancial management system must include the following:
(1) Accurate. current, and complete disclosure of the financial results of this project or program.
(6) Cost accounting records that are supported by backuP documentation.
Gompetition
(1 ) All procurement transactions shall be done in a manner to provide open and free competition.
16.F.6.a
Packet Pg. 1999 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
Codes of Conduct
Recipient warrants the following
(1) The Recipient shall maintain written standards ofconduct governing the performance of its
employees engaged in the award and administration of contracts.
(3) The officers, employees, and agents of the 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.
Licensino and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all the particular work for which they are hired by the Recipient.
oA1
43
(2) No employee. officer, or agent shall participate in the selection, award, or administration of a
contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or
her immediate family, his or her partner, or an organization which employs or is about to employ
any of the parties indicated, has a flnancial or other interest in the firm selected for an award.
Business Hours
The 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 (timesl (8:00am ) to d 09gm-)
16.F.6.a
Packet Pg. 2000 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
FY 2023 - 2024 EMPA AGREEMENT
ATTACHMENT E
STATEMENT OF ASSURANCES
1 . lt will comply with requarements 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. lt will comply with provisions of Federal Iaw which limit certain political activities of employees
of a State or local unit of government whose principal employment is in connection with an
activity financed in whole or in part by Federal grants (5 UsC 1501, et. Seo.).
3. tt will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Sta ndards Act.
4. lt 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. lt will give the sponsoring agency or the Comptroller General, throu8h any authorized
representative, access to and the right to examine all records, books, papers, or documents
related to the Brant.
6. lt will comply with all requirements imposed by the Federal sponsoring agency concerning
special requirements of law, program requirements, and other administrative requirements.
7. lt 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. lt 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 Federalassistance.
9. lt will assist the Federal grantor aBency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (15 USC 470), Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting
with the State Historic Preservation Officer on the conduct of lnvestigations, as necessary, to
44
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including 2 C.F.R. Part 2001 E.O.12372 and Uniform Administrative
Requirements for Grants and Cooperative Agreements 2E CFR, Part 66, Common rule, that govern the
application, acceptance and use of Federal funds for this federally-assisted project. Also, the Applicant assures
and certifies that:
16.F.6.a
Packet Pg. 2001 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)
identify properties listed in or eligible for inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the
Federal Brantor agency of the existence of any such properties and by (b) complying with all
requirements established by the Federal Brantor agency to avoid or mitigate adverse effects
upon such properties.
10. lt will comply, and assure the compliance of all its 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 Ctime Act, as
a ppropriate; the provisions of the cu rrent edition of the Office of Justice Programs Fina ncial and
Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders,
circulars, or regulations.
11. lt will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, CriminalJustice lnformation
Systems; Part 22, Confidentiality of ldentifiable Research and Statistical lnformation; Part 23,
Criminal lntelligence Systems OperatinE Policies; Part 30, lnterBovernmental Review of
Department of Justice Programs and Activities; Part 42, Nond iscrim ination/Eq ual Employment
Opportunity Policies and Procedures; Part 61, Procedures for lmplementinB the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures;
and Federal laws or regulations applicable to FederalAssistance ProBrams.
12. lt will comply, and all its contractors will comply, with the non-d iscrimination requirements of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended,42 USC 3789(d), or
Victims of Crime Act (as appropriate); Title Vl of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title ll of the Americans
with Disabilities Act (ADA) (1990); Title lX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department ofJustice Non-Discrim ination Regulations,28 CFR Part
42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28
CFR Part 35 and Part 39.
13. ln 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 Recipient of funds, the Recipient will forward a copy ofthe
finding to the Office for Civil Rlghts, 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.
L5. lt will comply with the provisions ofthe Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units
of the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (G RANTEES OTHER THAN lN DIVIDUALS) As req uired by the Drug-Free
Workplace Act of 1988, and implemented at 28 cFR Part 67, Subpart F, for Srantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620.
ov:)
45
16.F.6.a
Packet Pg. 2002 Attachment: AGREEMENT EMPA A0345 2023-2024 (26489 : EMPA A0345 2023-2024)