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Agenda 09/26/2017 Item #16E 509/26/2017 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute State-Funded Subgrant Agreement 18-BG-_-09-21-01-_ accepting a Grant award totaling $105,806 from the Florida Division of Emergency Management for emergency management program enhancement and authorize the associated budget amendment. OBJECTIVE: To enhance emergency program activities within Collier County for Fiscal Year 2017- 2018. CONSIDERATION: The Emergency Management Preparedness Assistance Grant is given by the Florida Department of Economic Opportunity to each county for the past twenty-four years and does not require an application. These funds are available through a surcharge of $2.00 for each 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. For Fiscal Year 2018, the Department of Economic Opportunity has agreed to provide the sum of $105,806 to Collier County of which $85,350 is budgeted for general operating expenses including the purchase of office supplies, conducting disaster exercises, and day to day operations. The remaining $20,456 is budgeted for communication and data processing equipment, shelter supplies and equipment, and minor office equipment. 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. This grant is for a period of one year (7/1/17-6/30/18). FISCAL IMPACT: Funds in the amount of $105,806 are available from the Florida Department of Community Affairs. A budget amendment in the amount of $105,806 is required i n Admin Service Grant Fund (703), Project #33529. LEGAL CONSIDERATIONS: The State Funded Subgrant Agreement is a standard document. It allows the State to terminate for cause or convenience. It allows the County to terminate for convenience only with State approval. This item is approved for form and legality and requires a majority vote for approval. JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To approve and authorize the Chair to execute the State-Funded Subgrant Agreement 18-BG-__-09-21-01-__ accepting a Grant award totaling $105,806 from the Florida Department of Economic Opportunity for emergency management program enhancement and authorize the associated budget amendment. Prepared by: Christine Boni, Accountant, Division of Emergency Management ATTACHMENT(S) 1. [Linked} EMPA Agreement 2017-2018 (PDF) 2. Grant Award E-mail from State (PDF) 16.E.5 Packet Pg. 2150 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.5 Doc ID: 3588 Item Summary: Recommendation to approve and authorize the Chair to execute State-Funded Subgrant Agreement 18-BG-_-09-21-01-_ accepting a Grant award totaling $105,806 from the Florida Division of Emergency Management for emergency management program enhancement and authorize the associated budget amendment. Meeting Date: 09/26/2017 Prepared by: Title: Accountant – Emergency Management Name: Christine Boni 08/08/2017 11:02 AM Submitted by: Title: Division Director - Bureau of Emer Svc – Emergency Management Name: Daniel Summers 08/08/2017 11:02 AM Approved By: Review: Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 08/08/2017 11:25 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/08/2017 4:05 PM Emergency Management Daniel Summers Additional Reviewer Completed 08/22/2017 11:57 AM Grants Edmond Kushi Level 2 Grants Review Completed 08/22/2017 3:45 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 08/29/2017 11:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2017 11:39 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2017 2:15 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 08/29/2017 2:39 PM Grants Therese Stanley Additional Reviewer Completed 08/31/2017 9:07 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/05/2017 8:00 AM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 16.E.5 Packet Pg. 2151 1 BoniChristine From:Powell, Shelly <Shelly.Powell@em.myflorida.com> Sent:Thursday, June 22, 2017 10:05 AM To:BoniChristine; SummersDan Cc:Jenkins, Chanda; Lyons, Karen; Fuller, Patrick Subject:FY 2017 EMPA Grant Agreement Attachments:EMPA Base Grant Cover Letter 6.21.17.pdf; Collier County -2017 EMPA Agreement.pdf; EMPA FY 17 Budget.docx Categories:Grants The Division of Emergency Management is pleased to forward your FY2017 Emergency Management  Preparedness Assistance (EMPA) Grant Agreement . Please note the Division will be unable to send the  agreements in any form other than a PDF, due to legal stipulation.     Please carefully read and review the agreement including all attachments prior to signing.  Print two (2) sets of  the attached agreement and complete as follows:      Both sets of the Agreement need original authorized signatures;   If signed by anyone other than the authorized person, a copy of an existing Certificate, Resolution, or  Procedure, or a letter signed by the authorized person indicating that they have the authority to enter  into Agreements;   Authorized person’s name and title printed where requested;   Date of signature;   The Budget Detail Worksheet should be completed with anticipated expenditure amounts – this  amount should equal your award amount.   Please make sure that the correct recipient name is stated on your contract, if not please let us know  immediately so that we can revise and resend.      Section 2(c), Contact, must be completed with the name and contact information of the representative of the  recipient who will be responsible for the administration of this agreement.  Once completed with the above information and signed, please return both (2) sets of the agreement to this  address:                                              Florida Division of Emergency Management                                         Bureau of Preparedness – Attn: Shelly Powell                                         Domestic Preparedness Unit                                         2555 Shumard Oak Boulevard, Suite 330G                                         Tallahassee, Florida 32399‐2100      A fully executed original agreement and reporting forms will be returned to you.   f{xÄÄç cÉãxÄÄ Division of Emergency Management  2555 Shumard Oak Blvd.  16.E.5.b Packet Pg. 2152 Attachment: Grant Award E-mail from State (3588 : Recommendation to approve the annual Emergency Management Preparedness Assistance 2 Tallahassee, FL 32399‐2100  (850) 815‐4356  Office        PLEASE NOTE: Florida has very broad public records laws. Most written communications to or from state officials  regarding state business are public records available to the public and media upon request. Your e‐mail communications  may therefore be subject to disclosure.  16.E.5.b Packet Pg. 2153 Attachment: Grant Award E-mail from State (3588 : Recommendation to approve the annual Emergency Management Preparedness Assistance Contract Number: 18 -BG- -09-21-01- Catalog of State Financial Assistance (CSFA) #: 31.063 STATE -FUNDED GRANT AGREEMENT BASE 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, (hereinafter referred to as the "Recipient"), THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: r The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and y The Division has the authority to grant these funds to the Recipient upon the terms and conditions below; and, r The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: 1. LAWS RULES REGULATIONS AND POLICIES A. This Agreement involves "state financial assistance," as that term is defined in section 215.97(2)(r), Florida Statutes. B. This Agreement involves a "Base Grant", defined by Rule 27P-19.002(1), Florida Administrative Code, as "those funds allocated in accordance with the formula in Rule 2713-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies." C. As defined by Rule 27P-19.002, Florida Administrative Code, the term "Division" means "the Division of Emergency Management, Executive Office of the Governor." D. Under this Agreement, the Division serves as the "State awarding agency" as that term is defined by section 215.97(2)(q), Florida Statutes. E. Under this Agreement, the term "Recipient", as defined by section 215.97(2)(0), Florida Statutes, means a "nonstate entity that receives state financial assistance directly from a state awarding agency." As defined by Rule 27P-19.002(12), Florida Administrative Code, the term "Recipient" also means "an Applicant that is offered and accepts an award from the Division." F. The Recipient is a "County Emergency Management Agency," as that term is defined by Rule 27P-19.002(3), Florida Administrative Code. G. As required by section 215.97(5)(a), Florida Statutes, this Agreement provides the recipient with "information needed by the recipient to comply with the requirements of the Florida Single Audit Act. H. As required by section 215.971 (1), Florida Statutes, this Agreement includes: 1 n �O (1) A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. (2) 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. (3) A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. (4) A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period, (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. I. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. 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. 2. CONTACT A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: (1) Monitor and document Recipient performance; and, (2) Review and document all deliverables for which the Recipient requests B, The Division's Grant Manager for this Agreement is: Shelly Powell 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-815-4356 Email: shelly.powell@em.myflorida,com C. The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: - 1.177 MME2 -1 2 Telephone: 451 - Fax: a-51 -25 -) -3,7W Email: D. In the event that different representatives or addresses are designated by either party after execution of tl i is Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3. TERIVI.SAND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 4. EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original, 5. MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 6. SCOPE OF WORK The Recipient shall perform the work in accordance with the Program Budget and Scope of Work, Attachments A and C of this Agreement. 7. PERIOD OF AGREEMENT This Agreement shall begin July 1, 2017 and shall end on June 30, 2018, unless terminated earlier in accordance with the provisions of Paragraph (16) of this Agreement. In 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. 8. FUNDING A. This is a cost -reimbursement Agreement, subject to the availability of funds. In accordance with Rule 27P-1 9,010(4), Florida Administrative Code, the Division shall reimburse the Recipient on a quarterly basis. 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. Rule 27P-19.010(11), Florida Administrative Code, states: 'Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, 2 CFR Part 200, Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. 3 ! 0 D. As required by Rule 27P-19.010(8), Florida Administrative Code, "The Recipient shall establish a separate account in an interest bearing account for tracking all deposits, expenditures and interest pertaining to (this] award." E. The Division will reimburse the Recipient only for allowable costs incurred by the Recipient in the successful completion of each deliverable, The maximum reimbursement amount for each deliverable is outlined in Attachments A and C of this Agreement ("Program Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $105,806.00. F. The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment C, that clearly delineates: (1) The required minimum acceptable level of service to be performed; and, (2) The criteria for evaluating the successful completion of each deliverable. G. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. H. For the purposes of this Agreement, the term "improper payment" means or includes: (1) Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, (2) 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. I. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. 9. RECORDS A. As a condition of receiving state financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Chief Inspector General of the State of Florida, the Division, the Department of Financial Services, 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 4 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. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library- archives/records-mans ement/general-records-schedules/. 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) meetings of public boards or commissions must be open to the public: (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the 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 119, Florida Statutes. 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 specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. 5 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 Program Budget and Scope of Work - Attachments A and C - and all other applicable laws and regulations. 10. AUDITS A. As required by Rule 27P-19.010(5), Florida Administrative Code, "All recipients of trust funds shall cause a financial audit to be performed in accordance with [the Florida Single Audit Act, section 215.97, Florida Statutes]. A report of the audit will be forwarded to the Division within 60 days of its completion." B. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by Rule 10.554(1)(g) of the Rules of the Auditor General, GAAP are "those accounting principles generally accepted in the United States of America, as defined by the GASB Codification of Governmental Accounting and Financial Reporting Standards, Section 1000 The Hierarchy of Generally Accepted Accounting Principles." As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." C. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by Rule 10.554(1)(h) of the Rules of the Auditor General, GAGAS are `those audit standards set forth in the publication Government Auditing Standards issued by the Comptroller General of the United States." As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." D. As defined by section 215.97(2)(a), Florida Statutes, the term "audit threshold" means "the threshold amount used to determine when a state single audit or project -specific audit of a nonstate entity shall be conducted in accordance with" the Florida Single Audit Act. The current audit threshold is $750,000. E. As required by sections 215.97(2)(a) and 215.97(8)(x), Florida Statutes, "[e]ach nonstate entity that expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such nonstate entity shall be required to have a state single audit, or a project - specific audit, for such fiscal year in accordance with" the requirements of the Florida Single Audit Act and in accordance with "additional requirements established in rules of the Department of Financial Services and rules of the Auditor General." In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. F. In accordance with section 215.917(8)(f), Florida Statutes, 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 ander chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. G. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, then 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 days after the Division has notified the Recipient of such non- compliance. H. If the Recipient expends less than $750,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). 1. As required by section 215.97(5)(d), Florida Statutes, the Recipient shall provide the Division with "one copy of each financial reporting package prepared in accordance with" the requirements of the Florida Single Audit Act. J. As defined by section 215.97(2)(e), Florida Statutes, the term "financial reporting package" means the Recipient's "financial statements, Schedule of Expenditures of State Financial Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan, correspondence on foliowup of prior years' corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes" of the Florida Single Audit Act. K. In addition to the information listed in paragraph 101 above, the financial reporting package shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. L. Copies of financial reporting packages required by the Florida Single Audit Act shall be submitted by or on behalf of the Recipient directly to each of the following: (1) The Division of Emergency Management at the following addresses: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard 7 Tallahassee, Florida 32399-2100 OR DEMSingle Audit0em.mvflorida.com (2) The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32398-1450 M. Additional information on the Florida Single Audit Act may be found at the following website: https://apps.fldfs_com/fsaa/singleauditact.aspx_ 11. REPORTS A. As stated in Rule 27P-19.010(4), Florida Administrative Code, "Each Recipient may receive trust funds from the Division on a quarterly basis, based on the submittal of reports. Said reports shall be provided using the forms included in the grant agreement, as supplemented by any particular information requested in writing by the Division prior to the due date of the report." B. The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. C. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. D. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first. E. If 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 15 REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. F. The Recipient shall provide additional program updates or information that may be required by the Division. Attachment E. G. The Recipient shall provide additional reports and information identified in 0 12. MONITORING A. Rule 27P -19.010(g), Florida Administrative Code, expressly states: "The Division shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday." B. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment C to this Agreement, and reported in the quarterly report. C. In addition to reviews of audits conducted in accordance with paragraph 10 above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, andlor other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. 13. LIABILITY 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 performance 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. 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 state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. &0 14. DEFAULT A. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in paragraph 15. B. If any of the following occur, then the Division may make payments or partial payments without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (1) 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; (2) Material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (3) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (4) The Recipient has failed to perform and complete on time any of its obligations under this Agreement. 15. REMEDIES A. if an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Recipient and upon the Recipients failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (1) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph 2 above; Agreement; (2) Begin an appropriate legal or equitable action to enforce performance of this (3) Withhold or suspend payment of all or any part of a request for payment; (4) 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. (5) Exercise any corrective or remedial actions, to include but not be limited to: (a) Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; We &S, (b) Issue a written warning to advise that more serious Treasures may be taken if the situation is not corrected; (c) Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; (d) Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; or, law. (e) Exercise any other rights or remedies which may be available under B. 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. C. If 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. 16. TERMINATION. A. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. B. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. C. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. D. In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the 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 Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by 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. 17. PROCUREMENT A. As required by Rule 27P-19.010(7), Florida Administrative Code, the Recipient "shall comply with all applicable procurement rules and regulations in securing goods and services..." 11 n J B. The Recipient shall maintain records sufficient to detail the history of any procurement. These records will include, but are not necessarily limited to the following: (1) Rationale for the method of procurement; (2) Selection of contract type; (3) Contractor selection or rejection; and, (4) The basis for the contract price. C. The Recipient shall maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. In order to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. D. Except for procurements below the competitive threshold (state or local threshold, whichever is lower), 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 three (3) business days. 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 identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three (3) business day window outlined above. If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 16 above; and, solicitation. (2) Refuse to reimburse the Recipient for any costs associated with that E. Except for procurements below the competitive threshold (state or local threshold, whichever is lower), 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 three (3) business days. The Division will review the unexecuted contract for compliance with all applicable procurement standards. 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 12 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. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three (3) business day window outlined above. If the Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 16 above; and, subcontract. (2) Refuse to reimburse the Recipient for any costs associated with that F. The Recipient agrees to include in any subcontract the following: (1) The subcontractor is bound by the terms of this Agreement; regulations; and, (2) The subcontractor is bound by all applicable state and federal laws and (3) 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. G. The Recipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. H. The Recipient shall conduct any procurement under this agreement in a manner providing full and open competition. Accordingly, the Recipient shall not: business; companies; contracts; equivalent; (1) Place unreasonable requirements on firms in order for them to qualify to do (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated (4) Execute noncompetitive contracts to consultants that are on retainer (5) Authorize, condone, or ignore organizational conflicts of interest; (6) Specify only a brand name product without allowing vendors to offer an (7) Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; 13 (8) Engage in any arbitrary action during the procurement process; or, (9) Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. I. The Recipient shall not use a geographic preference when procuring commodities or services under this Agreement. J. The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with section 287.057(1)(a), Florida Statutes. K. The Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with section 287.057(1)(b), Florida Statutes. L. 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. 18. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. C. This Agreement has the following attachments: (1) Attachment A — Proposed Program Budget and Budget Detail Worksheet (2) Attachment B — Allowable Costs and Eligible Activities (3) Attachment C — Scope of Work (4) Attachment D — Quarterly Reports (5) Attachment E — Statewide Mutual Aid (6) Attachment F Geospatial Information System (GIS) (7) Attachment G — Hurricane Shelter Retrofit (8) Attachment H — Logistics (9) Attachment I — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (10)Attachment J — Justification for Advance Payment 19. PAYMENTS A. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statues. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment J. Attachment J will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No 14 advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. B. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services, The final invoice shall be submitted within sixty (60) 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 11 of this Agreement. C. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under paragraph 8 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 days of receiving notice from the Division. All payments relating to the Agreement shall be mailed to the following address: 20. REPAYMENTS A. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 B. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, 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. 21. MANDATED CONDITIONS A The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the 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 is incorporated by 15 reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the 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 of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. C. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. D. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. E. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. F. 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: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; (2) Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) 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 21 F(2) of this certification; and 16 (4) Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. G. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. H. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment l) 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. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. J. 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. K. If 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. L The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the 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. M. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. 22. LOBBYING PROHIBITION 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. 23. COPYRIGHT PATENT AND TRADEMARK 17 A. EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. 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. 8. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. C. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the 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. D. Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph 23.8, have the right to all patents and copyrights which accrue during performance of the Agreement. E. If the Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. 24. LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. lu- IN WITNESS WHEREOF, the parties hereto have executed this Agreement. M Name and Title: Penny Taylor, Chairman Date: FID#59-6000558 DUNS# 076997790 Include a copy of the designation of authority for the signatory, if applicable. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Approved as to Form and Legality Assistant County Attorney 'd I-, Name and Title: Michael Kennett, Deputy Director (by authority from the Director) Date: 19 ATTACHMENT A PROPOSED PROGRAM BUDGET AND BUDGET 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 C). The "Proposed Program Budget" and the "Budget Detail Worksheet" serve as a guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment C), Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget" and the "Budget Detail Worksheet" listed below. If the Recipient fails to complete either the "Proposed Program Budget" or the "Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget" as well as the information listed in the "Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget" or the "Budget Detail Worksheet', then the Recipient's next quarterly report must include an updated "Proposed Program Budget" and/or "Budget Detail Worksheet." Additionally, if the Recipient submits a request for reimbursement to the Division, then the 'Proposed Program Budget" as well as the information listed in the "Budget Detail Worksheet" must match the information contained in the request for reimbursement. 20 Emergency Management/Operation Plan Communications Plans Continuity/Administrative Plans Whole Community Engagement/Planning Resource Management Planning Evacuation Planning Recovery Planning Credentialing and Validation Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety Materials required to conduct planning activities Travel/per them related to planning activities Overtime and backfill costs Hiring of full or part-time staff or contractors/consultants (temporary employees, student or graduate assistant fellowships, part time academic employment, consultants and other services) Overtime and backfill costs Utility (electric, water and sewage) 1 3,700 3,700 Telephone Bills (landlines, cellular and satellite) 1 6,600 6,600 Internet Services 1 2,500 2,500 Maintenance agreements for equipment or series 1 14,000 14,000 Supplies1 20,850 20,850 Software and Upgrades 1 6,000 6,000 Computers, printers, copiers and fax machines i 1 2,500 2,500 Radios 1 1,800 i i 1,800 Satellite telephones 1 1 7,400 7,400 Storage and shelving for storage Other emergency response communication 2,500 2,500 21 Furniture Postage 1 1,000 1,000 Apparel for identification 1 2,500 2,500 Fuel Memberships and Conference 1 1,500 1,500 Travel 1 5,000 5,000 Vehicle(s) Publications 1 1,500 1,500 ES .15,71 Design,, develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Funds may be used to plan 1 1,000 1,000 and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, materials and supplies, travel and exercise plan development, Full or Part-Time Staff or Contractors/Consultants - (Full or part-time staff may be hired to support exercise -related activities, Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the 3 licable. awarding agency, whichever is applicable.) Overtime and backfill costs — Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in approved exercises. Implementation of Homeland Security Exercise and Evaluation Program Travel - Travel costs (i,e., airfare, mileage, per diem, hotel, 1 1,000 1,000 etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and 1 rates. Supplies - Supplies are items that are expended or consumed 1 1,000 1,000 during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). z 'SIN Me�• �� S' W 22 Develop, Deliver and Evaluate Training Overtime and backfill for emergency preparedness and response personnel attending sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in approved training Training Workshops and Conferences 1,000 Full or Part -Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel 1 1,000 1,000 Supplies are items that are expended or consumed during the 1 1,000 1,000 course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and Instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training. P6CP-01-MOBL Mobile Radios ----- 12,500 110,000 � 60 -01 -PORT Portable Radios Irl 614 110,456 23 24 ATTACHMENT B ALLOWABLE COSTS AND ELIGIBLE ACTIVITIES 2 CFR Part 200: Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses: In order to qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. If 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; and, • 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. In order to avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a unique cost (e.g. 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. Performance: In order 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. If the performance fails to satisfy the minimum level of service, then the Division shall not provide any reimbursement for that performance. Equipment: Provided the cost of the item qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, an item on the FEMA AEL that is specifically coded for the Emergency Management Performance Grant ("EMPG°) Program satisfies the minimum level of service for an equipment purchase under this Agreement. If an item qualifies as reasonable and necessary, and if the item is EMPG-coded on the FEMA REL, then the Recipient does not need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement. If 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. If the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division shall not provide any reimbursement for that purchase. Of note, AEL 21GN-00-OCEQ (Equipment and Supplies, Information/Emergency Operations/Fusion Centers) provides authorization for the purchase of equipment and supplies that are necessary to establish and maintain an Emergency Operations Center. 25 Allowable equipment includes equipment from the following,,AELcategories: ° Personal Protective Equipment (PPE)(Category 1> * Information Technology (Category 4) ° CybersonurdyEnhancement Equipment (Category 5) ° Interoperable Communications Equipment (Category (3) ° Detection Equipment (Category 7) ° Power Equipment (Category 10) ° Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference K8absria|a (Category 11) ° CBRNEIncident Response Vehicles (Category 12) � Physical Security Enhancement Equipment (Category 14) � CBRNELogistical Support Equipment (Category 1Q) ~ Other Authorized Equipment (Category 21) If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant Manager for clarification. Recipients shall analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject torapid technical advances. For more information regarding property management standards for equipment, please reference 2 C.F.R.Part 2O0.including 2C.F.R�§§2O0.31U.20O.313.and 2OO.318. If the recipient seeks reimbursement for equipment activities, then the following shall be submitted: w All invoices-, ° The AEL#for each purchase; ° Proof ofpayment (e.g.canceled check, electronic funds transfer, credit card statement and payment hocredit card company for that mbaUemonU;and, ° Proof of purchase methodology (e.g. sole source, state contract, competitive bid results), Training and Exercises Generally: The Multiyear Training and Exercise Plan ("MYTEP") serves as a roadmap by which an organization establishes the priorities necessary to develop and maintain the capabilities required to facilitate effective response boall hazards faced bythat organization. 4successful yNY7EP: ° Identifies an organization's top priorities for improving its preparedness and response capabilities; and, ° Defines the cycle of training and exercise activities that shall provide the mostbenefit inthe development, refinement and maintenance ofthose capabilities. Provided the cost qualifies as reasonable and necessary for the successful completion ofatask required by this Agreement, and provided the Division has approved the Recipient's MYTEP, any training or exercise on the Recipient's MYTEP satisfies the minimum level of service for this Agreement. If the training or exercise qualifies as reasonable and necessary, and if the training or exercise is included on the Recipients Division -approved K4YTEP. then the Recipient does not need to obtain permission from the Division prior to conducting, participating in, or attending that training or exercise. If the Recipient seeks to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP, then the Recipient must receive permission from the Division prior to conducting, participating in, or attending that training or exercise. If the Recipient conducts, participates in, or attends a training or exercise that is not listed on the Recipient's Division -approved 26 MYTEP without receiving permission from the Division beforehand, then the Division shall not provide any reimbursement for that training or exercise. Any request to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP shall include an updated MYTEP that specifically includes the requested training or exercise. If the request to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP does not include an updated MYTEP, then the Division shall deny the request. Training: The Recipient can successfully complete an authorized course either by attending or by conducting that course. • In order to receive payment for successfully attending an authorized training course, the Recipient must provide the Division with a certificate of course completion; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the course. • In order to receive payment for successfully conducting an authorized course, the Recipient must provide the Division with the course materials and a roster sign -in sheet; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course." • For courses that are non -DHS approved training, the Recipient must request approval to conduct training using the Non -TED Form and provide a copy, along with email, showing approval granted for conduct. • For the conduct of training workshops, the Recipient must provide a copy of the course materials and sign -in sheets. Further guidance concerning the TEP and the TEPW can be found at http://www.fema.gov/exercise. Training shall 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. Allowable training -related costs include the following: • Funds Used to 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 shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, shall be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDLE) 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 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. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. 27 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 ContractorslConsultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. CertfficationlRecertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses involving the training of trainers. For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division shall reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than 15 participants. If the recipient seeks reimbursement for training activities, then the following shall be submitted: • Approval of emergency management training that has been identified on the current Multi -Year Exercise Plan (MYTEP); • Sign -in sheets, rosters and an agenda; * Documentation from recipient's financial system showing attendees were paid; • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement and payment to credit card company for that statement) for any expenditures in support of the training (e.g. printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment); • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to training activities; and, • Proof of purchase methodology (e.g. sole source, state contract, competitive bid results). Exercises: Allowable exercise -related costs include: • Funds Used to 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 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 identify 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 Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency 28 �` I of government AND from an award fora single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel, Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Implementation of XSEEP. This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of spacellocations 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, Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct If the recipient seeks reimbursement for exercise activities, then the following shall be submitted: • Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual, Exercise Plan); • After -action report, Sign -in sheets, Agenda, Rosters; • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement and payment to credit card company for that statement) for supplies expenditures (e.g. copying paper, gloves, tap, etc.); • Invoices and proof of payment for Travel costs (e.g., airfare; mileage, per diem, hotel) related to exercise activities; and, • Proof of purchase methodology (e.g, sole source, state contract, competitive bid results). No later than 90 days after completion of an exercise, the recipient shall upload to the Division's SharePoint portal at: httos:/!1o.rt..al.floridadisaster.oro an After Action Report (AAR) that includes the following: • An Improvement Plan; and, A roster of participants. Conferences: The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: 29 (TJhe coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. This Agreement requires the Recipient to attend Current Issues in Emergency Management ("ClEM" ), a meeting hosted by the Division. In order for travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states " No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 69142.004, Florida Administrative Code, the following conferences may qualify for reimbursement under this Agreement: • Florida Emergency Preparedness Association Annual Meeting; • Florida Emergency Preparedness Association Mid -Year Work Session; • National Hurricane Conference; • Governor's Hurricane Conference; • Florida Hazardous Materials Symposium; • FDEM Private Sector Summit; and, • Rural County Summit hosted by Gadsden County Sheriffs Office. The above list is not exhaustive. Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. 30 When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state."). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). • Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: • $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); • $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and, • $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: • The authorized per diem for each day of travel; or, • If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or 8 travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meat Allowances That Exceed the State Rates: The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/104877). Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. 31 Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Travel Reimbursement Forms: Unless the Recipient has received prior approval from the Florida Department of Financial Services ("DFS"), the Recipient shall use the travel forms incorporated by reference in Rule 691-42.003, Florida Administrative Code. Those forms include: • The Authorization to incur Travel Expense, Form DFS -AA -13; • The Application for Advance on Travel Expenses, Form DFS -AA -25; and, • The Voucher for Reimbursement of Travel Expenses, Form DFS -AA -15. If the Recipient has not received permission from DFS to use an alternate form, and if the Recipient submits a request for reimbursement without including the applicable DFS forms listed above, then the Division shall not provide any reimbursement for that travel. 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 shall have prior review and approval from the respective DEM program area. Funds may not be reimbursed for any plans that are not approved. Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Emergency Management/Operation Plans; • Communications Plans; • Continuity/Administrative Plans; • Whole Community Engagement/Planning; • Resource Management Planning; • Evacuation planning; Recovery Planning; and, • Credentialing and Validation. If the Recipient seeks reimbursement for planning activities, then the following shall be submitted: • Copies of contracts, Memorandum of Understandings or agreements with consultants or sub- contractors providing services; • Documentation that clearly indicates hours worked for full or part-time staff or contractors/consultants and proof employee was paid; • Time and attendance forms for full or part-time staff or contractorslconsultants who participated in the planning; • Invoice from any consultant/contractor involved in the planning (Note — grant agreement must be referenced on the invoice); • Copies of all planning materials and work product (e.g. meeting documents, copies of plans); • If a meeting was held by Recipient, an agenda and signup sheet with meeting date must be included; • Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement and payment to credit card company for that statement); 32 • Complete Debarment form for any contractors/consultants; • Proof of purchase methodology (e.g. sole source, state contract, competitive bid results); • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to planning activities; and, • If billing for overtime and/or backfill, provide documentation that list attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee, Operational: EMPA Program funds may be used for all emergency management operations, staffing, and other day-to- day activities in support of emergency management. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPA program funds. The quarterly minimum acceptable standard is to have the qualified staffing level for the county based upon Rules 27P-11.004 and 2713-11.0061 (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. Personnel costs 27P-11.004, 27P-11.0061: (1) Counties with populations of 75,000 or more must have a full time emergency management director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the Governor by executive order or rule, are encouraged to have a full time director. However, as a minimum, such a county must have an emergency management coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency Management Director" means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. (2) The county must have an emergency management program that has been approved by the Division of Emergency Management. Program approval shall require: compliance with appropriate federal and state laws, rules and regulations; satisfactory completion of work elements of the previous year; and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget. Eligible "Operational" items include, but are not limited to: • Salary and Benefits • Expenses • Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite) • Internet Service • Maintenance Agreements for equipment or services (reimbursement can only be claimed for services within the Agreement period) • General Office Supplies • Memberships and Conference Travel as it relates to the Scope of Work • Software and upgrades • Publications and Training Materials • Postage • Apparel for identification of Emergency Management Staff in the field • Fuel for Emergency Management vehicles • Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of Emergency or prior approval from DEM/DFS) * Travel to/from meetings and conferences related to emergency management • Travel to training and/or exercises related to emergency management * Other Personal/Contractual Services 33 o Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. o Consultant Services require a pre -approved Contract or purchase order by the division. Copies of additional quotes shall also be supplied when requesting pre -approval. These requests shall be sent to the grant manager for the Division for review. If the recipient seeks reimbursement for operational activities, then the following shall be submitted: • Documentation that clearly indicates hours worked for full or part-time staff or contractors/consultants and proof employee was paid. • Time and attendance form for full or part-time staff or contractors/consultants. • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement and payment to credit card company for that statement) for any expenditures in support of operational costs. • An agenda for any attending meeting/conference. • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to operational activities. 34 ATTACHMENT C SCOPE OF WORK BACKGROUND: Emergency Management, Preparedness, and Assistance ("EMPA") In 1993, in the aftermath of Hurricane Andrew, the Florida Legislature passed C.S.S.B. No. 1858, entitled "Disaster and Emergency Preparedness — Trust Fund." In addition to modifying other statutory sections, the legislation created sections 252.371 through 252.373, Florida Statutes. Section 252.371, Florida Statutes, establishes the Emergency Management, Preparedness, and Assistance ("EMPA") Trust Fund, which the Division administers. Section 252.372, Florida Statutes, imposes: • An annual $2 surcharge on "every homeowner's, mobile home owner's, tenant homeowner's, and condominium unit owner's policy"; and, • An annual $4 surcharge on "every commercial fire, commercial multiple peril, and business owner's property insurance policy." In accordance with Section 252.372, Florida Statutes, all proceeds from the surcharges "shall be deposited in the (EMPA) Trust Fund..." Section 252.373, Florida Statutes, provides for the allocation of monies from the EMPA Trust Fund, authorizes the Division to promulgate rules, and establishes minimum requirements. Emergency Management an innate Responsibility Section 252.38, Florida Statutes, states: "Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state." Definitions • Emergency Section 252.34(4), Florida Statutes, defines the term "emergency" as "any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial' injury or harm to the population or substantial damage to or loss of property." • Emergency Management Section 252.34(5), Florida Statutes, defines the term "emergency management' as "the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters." • County Emergency Management Agency Rule 27P-19.002(3), Florida Administrative Code, defines the term "County Emergency Management Agency" as "one of the sixty-seven (67) emergency management agencies authorized, established and maintained by each county pursuant to Section 252.38, (Florida Statutes]." Base Grant Rule 27P-19,002(1), Florida Administrative Code, defines the term "base grant" as "those funds allocated in accordance with the formula in Rule 27P-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies." Base Grant Funds 35 Consistent with Rule 27P-19.010(11), Florida Administrative Code, the Division shall determine allowable costs in accordance with 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." In accordance with Rule 27P-19.005(1), Florida Administrative Code, the Division awards base grant funds to each county "for the use and benefit of the County Emergency Management Agency." In accordance with Rule 27P-19.005(2), Florida Administrative Code, the recipient may use base grant funds for any of the following categories: Management and Administration; Training (Planning, Training, and Exercises, or °PT&E"); and Operations: o Salaries of emergency management staff; o Equipment included on the Department of Homeland Security Authorized Equipment list ("AEL") for the Emergency Management Performance Grants (EMPG); • Fuel and maintenance for dedicated emergency management equipment; n Office supplies for a County Emergency Management Agency; and, • Operational costs for a County Emergency Operations Center. 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 [EMPAJ Trust Fund may not be used to supplant existing funding...." Annual Certification Rule 27P-19.004(1), Florida Administrative Code, requires that, in order to receive EMPA funding, "each County Emergency Management Agency shall annually certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator consistent with subsections 27P-19.005(4) and (5), F.A.C.° 36 TASKS & DELIVERABLES: Task ane: AtI•waxards County EmerSency._Management Agency Throughout the period of this Agreement, the Recipient shall administer an all -hazard, county emergency management agency that includes preparedness, mitigation, response, and recovery components and capabilities. Pursuant to Section 252.38(1)(c), F.S., the County Emergency Management Agency shall perform emergency management functions throughout the territorial limits of the county in which it is organized. Additionally, the County Emergency Management Agency shall conduct such activities outside its territorial limits as required by law and in accordance with state and county emergency management plans and mutual aid agreements. The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities' requests for state and federal assistance during post -disaster emergency operations. If the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. If the Recipient is a county with a population less than 75,000, or if the Recipient is a county that is a party to an inter jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., then the Recipient shall employ either: • An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or, • A full-time director. Task One deliverables: In order to demonstrate successful completion of Task 1, the Recipient shall submit to the Division the following: For quarter 1, the following certification: "As required by Rule 27P-19.004(1), Florida Administrative Code, and as a condition precedent to receiving any funds under this Agreement, the Recipient certifies its commitment to continuously employ and maintain a full-time County Emergency Management Agency Director or a part-time County Emergency Management Agency Coordinator consistent with subsections 27P-19.005(4) and (5), Florida Administrative Code.'; For quarters 1, 2, 3, and 4, the quarterly report outlined in Attachment D; For quarters 1, 2, 3, and 4, and for each category listed below, the Recipient must identify at least one employee of the Recipient who is responsible for that area (this can include any employee of the County, not just an employee of the County Emergency Management Agency): * Preparedness; Response; o Recovery; a Mitigation; and, * Finance (to include procurement). For quarters 1, 2, 3, and 4, timesheets or paystubs for a full-time County Emergency Management Director or a part-time Coordinator if a part-time coordinator is authorized under Rule 27P-19.004(3), F.A.C.; and, For quarter 2, all employees of the County Emergency Management Agency, and any employee identified in subparagraph 3 above, shall upload into the Division's SERT TRAC the course 37 completion certificates for any FEMA course ('G", "IS", or other FEMA course) and any Division course ("FL" or other Division course) that pertains to the following areas: a Preparedness; c Response; • Recovery; o Mitigation; and, • Finance (to include procurement). For Task 1, the person who executes the certification must possess the legal authority to bind the Recipient. In lieu of submitting physical copies of course completion certificates via mail, the Recipient may upload those documents to the Division's SharePoint portal at: httos:Hportal.floridadisaster.ora. If the Recipient chooses to upload course completion certificates to SharePoint, then the Recipient shall annotate that fact on its quarterly report. As long as the information uploaded to SharePoint is current, the Recipient does not need to upload course completion certificates more than once. 38 -._...-.._.................. Task Two - 24-7 Emergency Operations Response Capabilities Throughout the period of this Agreement, the Recipient shall maintain the capability to respond to all hazards, 24 hours a day, 7 days a week. Task Two Deliverables: In order to demonstrate successful completion of Task 2, the Recipient shall submit to the Division the following: • For quarters 1, 2, 3, and 4, proof that, at least 10 times each quarter, the Recipient has successfully participated in the Division's weekly communication tests; • For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Statewide Mutual Aid requirements contained in Attachment E; • For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Geospatial Information Systems (GIS) requirements contained in Attachment F; • For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Hurricane Shelter Retrofit requirements contained in Attachment G; and, • For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Logistics requirements contained in Attachment H. 39 Task Three - Local Budget Match Throughout the period of this Agreement, and as required by Rule 27P-19.011(1), Florida Administrative Code, the Recipient shall match base grant funds "at the amount either equal to the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever is lower." NOTE: Rule 27P-19.011(1), Florida Administrative Code, states: "County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, F.S., shall not be included in determining the level of county funding of the County Emergency Management Agency." . _ .....__.....,...... _..... . Task Three ©ellvera. les: In order to demonstrate successful completion of Task 3, the Recipient shall submit to the Division the following: For quarter 1,1he following certification executed by the Recipient: "As required by Rule 27P- 19.011, Florida Administrative Code, and as a condition precedent to receiving any funds under this Agreement, the Recipient certifies compliance with all of the requirements contained in Chapter 27P-19, Florida Administrative Code."; For quarters 1, 2, 3, and 4, a current and accurate Local Budget Match Requirement Form (Form 3); and, For quarters 1, 2, 3, and 4, a current and accurate County Emergency Management Local Budget (General Revenue). For Task 3, the person who executes the certification must possess the legal authority to bind the Recipient. In accordance with Rule 27P-19.011(2), Florida Administrative Code, and if "exceptional financial circumstances" exist, then the Recipient may request from the Division a match reduction: If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P- 19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer. Requests shall certify the intent to return to pre -reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current 40 level of funding. Reque;�>ts for reduction shall also be accompanied by financial data for the previous three years i,Tdicating: the level of county funding for the County Emergency Management Agency b':' Jget; budget detail regarding all individual items of the County Emergency Manageme.11t ,agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be subm=lted no later than forty-five (45) days after the county budget has been approved by the governing body of the jurisdiction, or the opportunity to request shall be waived. In lieu of submitting physical copes of the Local Budget Match Requirement Form and the County Emergency Management Local Budget via mail, the Recipient may upload those documents to the Division's SharePoint portal at: ri tes://portal.floridadisaster.org. If the Recipient chooses to upload those documents to SharePoint, then the Recipient shall annotate that fact on its quarterly report. As long as the information uploaded to SharePoint is current and accurate, the Recipient does not need to upload those documents more than once. 41 Task Four — Current Issue in Eme enc Manaement (CIEM) During the quarter that the meeting is held, the full-time County Emergency Management Director or the part-time Coordinator if a part-time coordinator is authorized under Rule 27P-19.004(3), F.A.C., shall attend the Current Issues in Emergency Management ("CIEM") meeting hosted by the Division. Task Four Deliverables: In order to demonstrate successful completion of Task 4, the recipient shall submit to the Division the following: • Certificate of attendance; and, • If requesting grant reimbursement, a completed DFS state travel form. 42 REIMBURSEMENT CONDITIONS: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a quarterly basis for the documented costs incurred during the successful completion of the task{s} required by this Agreement. However, the following limitations shall apply: • In any quarter, the Division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement; and, • The cumulative amount of reimbursement for quarters 1, 2, and 3 shall not exceed 85% of the overall amount authorized by this Agreement. If extraordinary circumstances exist; then the Recipient can request permission from the Division to exceed the 40% cap for a particular quarter. However, under no circumstances shall the cumulative reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this Agreement. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in the following penalty: • A 10% reduction of the overall amount authorized by this Agreement. The Division shall apply the penalty each quarter during which the Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each penalty shall be applied cumulatively. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 43 ATTACHMENT D QUARTERLY REPORTS Recipients must provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in the attachment titled "Reporting Forms," and can be found on the Division's internet site. • Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and must continue to be submitted each quarter until submission of the final close-out report, The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reporting Period Report due to FDEM no later than January 1 through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 • The Recipient must provide the Division with full support documentation for the quarterly financial reports. To eliminate large files and mailings, the Division shall accept back up documentation on a CD if desired by the county. • The Quarterly Tasks form is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) during the agreement period. • In order to ensure compliance with Rule 27P-19.011, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or by the end of the first quarter. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) with the form. If 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 45 days after the county budget is approved. • In a format provided by the Division, a proposed staffing summary must be submitted by November 15, 2017. Also, each funded county emergency management position description must be submitted to the Division no later than November 15, 2017. • Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the grant manager. • The final close-out report Is due sixty (60) days after termination of this Agreement. Any requests received after August 30, 2018, at the discretion of the Division, may not be reimbursed from this Agreement. • Programmatic Point of Contact: I Contractual Point of Contact ( Programmatic Point of Contact I 44 Grant Manager: Shelly Powell FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4356 com Program FIOC: Karen Lyons FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4325 • The Division shall determine eligibility of projects and approve changes in Scope of Work. • The Division shall administer the financial processes. 45 ATTACHMENT E STATEWIDE MUTUAL AID Statewide Mutual Aid — The Recipient must be a signatory to the agreement. If the Recipient is not a signatory to the agreement, then the Recipient must execute a current State Mutual Aid Agreement (SMAA) (27P-19.006) into Division's SharePoint portal by the end of the first quarter and annually upload the SMAA Form C (POC Contacts) to the Division's SharePoint portal at: https;lloortal.floridadisaster.org. 46 ATTACHMENT F GEOSPATIAL INFORMATION SYSTEMS (GIS) Geographical Information - The Recipient shall upload current GIS Data to the Division's SharePoint portal at: https://portal.floridadisaster.org. Current Geospatial Information Systems (GIS) data includes: • Location and attribute information of all fire rescue, law enforcement, public safety and emergency service stations; and, • Location and attribute information of other critical facilities as deemed necessary by the County Emergency Manager. Attribute information shall include: facility name, facility type, physical address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is required). NOTES: • Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted. Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to the SharePoint portal. • If a county maintains a GIS data download website, that URL may simply be provided. • If counties have no changes since the last agreement period a statement of "no change" shall be submitted via the SharePoint portal. • Critical facility inventory spreadsheets provided shall contain more facility types than are required to be reviewed. 47 ATTACHMENT G HURRICANE SHELTER RETROFIT Hurricane Shelter Retrofit - In accordance with Florida's statewide hurricane shelter space deficit elimination program, the Recipient must upload items A- E on the Division's SharePoint portal by the end of the 41^ Quarter at: https://portal.floridadisaster.org The responses collected in this task are the basis for the Shelter Retrofit Report as required by 252.38 F.S. Each county's current Shelter Inventory Spreadsheet shall be available on SharePoint for reference. A. Hurricane shelter deficit reduction progress information. 1. Submit a list of newly constructed "as -is", retrofit and or Enhanced Hurricane Protection Areas (EHPA) facilities. If none, enter "none". 2. Submit any corrections needed on the Shelter Inventory Spreadsheet. If none, enter "no corrections needed, the information is correct". s. Current or newly completed hurricane shelter retrofit projects. 1. List all hurricane shelter retrofit projects completed in the previous fiscal year regardless of funding source(s). If none, enter "none". 2. List potential hurricane shelter retrofit projects. Listing projects is the first step for grant eligibility. If none, enter "none". C. Update Special Needs Shelters' (SpNS) power systems. 1. Respond yes or no to this statement on the SharePoint portal: All designated SpNS have a standby power system or capability with adequate capacity to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. 2. If no, upload a strategy so that all designated SpNS shall have a standby power capability with adequate capacity to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. For those designated SpNS facilities without a permanently equipped standby electric generating capacity, a locally sourced temporary electric generator with adequate capacity to support the standby power system requirements shall be provided. D. Update SpNS client space capacity. 1. Respond yes or no to this statement on the SharePoint portal: The county has designated sufficient SpNS client spaces to meet the anticipated five-year demands as determined by the 2018 Statewide Emergency Shelter Plan (published January 31, 2018). 2. If no, upload a strategy to achieve sufficient SpNS client spaces to meet the anticipated five- year demands as determined by the 2018 Statewide Emergency Shelter Plan (January 31, 2018). E. Upload a brief report on results of the year's coordination with school boards, community colleges and universities (as applicable). The most recent published Statewide Emergency Shelter Plan provides guidance for implementation of the criteria. The Report to the Division shall discuss, at an executive level, the results of the meeting(s) including: 1. Status of EHPA or new construction projects from previous reports to the Division 2. List of planned facilities/buildings (e.g., initial name/title of the project (such as, High School AAA), location and estimate of shelter space floor area or spaces) that the educational agency shall design and/or build in the coming two (2) years; and five (5) years. 3. List of facilities/buildings that shall be designed and constructed as EHPA, include (if available) anticipated hurricane shelter space capacity. 4. List of facilities/buildings for which an exemption from EHPA shall be requested, and anticipated statute or code -based cause(s) for such exemption(s). 5. List of facilities/buildings where future retrofitting may be practical to assist in creating shelter space. 6. Upload a copy of the participant sign -in sheet with agency affiliation shown, and a copy of any meeting minutes (or similar documentation). W. ATTACHMENT H LOGISTICS Lonistics - The Recipient shall upload a current County Logistics strategy/plan that is consistent with recommended guidance found in the County Logistics and Points of Distribution (POD) Standard Operating Guide (SOG) (CEMP 2355 of 2006) into the Division's SharePoint portal at: https://portal.floridadisaster,ora. The strategy/pian shall include, but is not limited to the following: X County Logistics Section organization and partners. B. Gap Analysis of identifying necessary resources (people/teams, locations/facilities, equipment and commodities; and the Mission Management Process on how the county accesses and dispatches those resources (Contracts, MOD's, Mutual Aid, State Assistance, Federal Assistance), C. County Government Emergency Fuel Strategy (ESF 12). D. How the County coordinates with private business and industry in meeting emergency community resource needs (ESF 18), E. List of local vendors, with which the Recipient has a Memorandum of Agreements or contracts that shall provide resources in an emergency (Can be an Annex to the Plan and need only be updated every three years unless changes are made). F. Location, survey forms and attributes information for County Logistics Staging Areas (Can be an Annex to the Plan and need only be updated every three years unless changes are made). G. Location and attribute information for County Points of Distribution (POD) sites and Comfort Stations (Can be an Annex to the Plan and need only be updated every three years unless changes are made). 49 ATTACHMENT 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. (2) 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 FDEM Contract Number Street Address Grant Number City, State, Zip Date 50 ATTACHMENT J JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of _.......__ is requested. Balance of payments will be made on a reimbursement basis. These funds are If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED .EXPENSES BUDGET CATEGORY/LINE ITEMS 20-20 Anticipated Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 51