Backup Documents 09/26/2017 Item #16E 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATTR6
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to th u A n ffice '
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. Jennifer Belpedio County Attorney's Office C� SPIII
4. BCC Office Board of County 2\c› -k/
Commissioners �(S 2.—\
5. Minutes and Records Clerk of Court's Office
tP6 ) fl ' qp)P.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Christine Boni Phone Number 252-3617
Contact/ Department _
Agenda Date Item was 9017 V Agenda Item Number 16E #3588
Approved by the BCC \L, E.-S
Type of Document Grant Agreement Number of Original 2—Both original
Attached Documents Attached signatures need to be
mailed to the State.
PO number or account FedEx account:4545-
number if document is 0460-7
to be recorded
INSTRUCTIONS & CHECI)2LIST
Initial the Yes column or mark"N/A"in the Not Applicable column,w chever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman' ' final s' nature? CB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed CB
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/ .nd all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable. L
9. Initials of attorney verifying that the attached document is the version approved by the
ppr
BCC,all changes directed by the BCC have been made,and the document is ready for _ S
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised . -.' , -d 11/30/12
tstettli z of Collier 1 6E 5
CLERK OF THE CIR UIT COURT
Dwight E. Brock COLLIER CO Y CO THOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 1021 P.O.BOX 413044 Accountant
NAPLES,FLORIDA j NAPLES,FLORIDA Auditor
34112-5324 ;34101-3044 Custodian of County Funds
September 28, 2017
Shelly Powell
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Re: Federally Funded Sub-award and Grant Agreement
Contract Number 18-FG -09-21-01-
Ms. Powell,
Attached for further processing are two original copies of the Grant Agreement referenced
above, approved by Collier County Board of County Commissioners on September 26, 2017.
If your office requires further information, please feel free to contact me at 239-252-8406.
Thank you.
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Attachment
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
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fedex.com 1.800.GoFecEx 1.800.463.3339
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Contract Number: 18-FG- -09-21-01-
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a"sub-award may be provided through any form of legal agreement, including an
agreement that the pass-through entity considers a contract."
As defined by 2 C F.R. §200.74, "pass-through entity"means"a non-Federal entity that provides a sub-award to
a sub-recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93. "Sub-Recipient"means"a non-Federal entity that receives a sub-award from a
pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means"Federal financial assistance that a non-Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R. §200.92, 'sub-award"means"an award provided by a pass-through entity to a sub-
recipient for the sub-recipient to carry out part of a Federal award received by the pass-through entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub-Recipient's name: Collier County
Sub-Recipient's unique entity identifier(DUNS): (>le,
Federal Award Identification Number(FAIN).
Federal Award Date:
Subaward Period of Performance Start and End Date: July 1, 2017—June 30, 2018
Amount of Federal Funds Obligated by this Agreement: $ 105,778.00
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $ 105,778.00
Total Amount of the Federal Award committed to the Sub-Recipient
by the pass-through entity: $ 15,865,902
Federal award project description (see FFATA)'The purpose of the Emergency Management Performance Grant(EMPG>
Program is to provide federal funds to states to assist state,local,territorial.and tribal governments in preparing for all hazards,
as authorized by Section 662 of the Post Katrina Emergency Management Reform Act(6 U.S.C.S 7621 and the Robert T.
Stafford Disaster Relief and Emergent Assistance Act(42 U.S.C.§§5121 et seg/. Title VI of the Stafford Act authorizes
DHS/FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and
property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal
Government.states.and their political subdivisions. The Federal Government,through the EMPG Program,provides
necessary direction,coordination,and guidance,and provides necessary assistance.as authorized in this title,to support a
comprehensive all hazards emergency preparedness system The FY 2016 EMPG will provide federal funds to assist state
local,tribal,and territorial emergency management agencies to obtain the resources required to support the National
Preparedness Goal's(the Goal's)associated mission areas and core capabilities.The EMPG program supports the
Quadrennial Homeland Security Review Mission to Strengthen National Preparedness and Resilience.
Name of Federal awarding agency: The Department of Homeland
Security(DHS)
Name of pass-through entity: Florida Division of Emergency
Management
Contact information for the pass-through entity 2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Catalog of Federal Domestic Assistance(CFDA) Number and Name: 97.042
Whether the award is Research& Development. No(NWA)
Indirect cost rate for the Federal award: 24.13%
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THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"). and COLLIER
COUNTY. (hereinafter referred to as the"Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a sub-award.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
• The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
• The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
• The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient agree to the following:
1. LAWS, RULES, REGULATIONS AND POLICIES
The Division and the Sub-Recipient shall be governed by all applicable State and Federal
laws, rules and regulations, including those identified in Attachment C. 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.
A. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
B. 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal
award in accordance with state laws and procedures for expending and accounting for the state's own
funds." Therefore. section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance", applies to this Agreement.
C. This Agreement involves-Federal financial assistance," as that term is defined in
section 215.97(2)(f), Florida Statutes.
D. As required by Section 215 971(1), Florida Statutes, this Agreement includes:
(1) A provision specifying a scope of work that clearly establishes the tasks that the
Sub-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 Sub-Recipient
fails to perform the minimum level of service required by the agreement
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(4) A provision specifying that the Sub-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
Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
2. TERMS AND CONDITIONS
This Agreement. to include the attachments, contains all the terms and conditions agreed
upon by the parties, which terms and conditions shall govern all transactions between the Division and
the Sub-Recipient.
3. EXECUTION
This Agreement may be executed in counterparts. each of which shall be an original and all
of which shall constitute but one and the same instrument.
4. MODIFICATION
This Agreement may only be modified or amended upon mutual written agreement of the
Division and the Sub-Recipient. No oral agreements or representations shall be valid or binding upon
either party to this Agreement.
5. SCOPE OF WORK
The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A and Attachment B of this Agreement.
6. 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 Sub-Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
(1) Monitor and document Sub-Recipient performance: and,
(2) Review and document all deliverables for which the Sub-Recipient requests
payment.
B. The Division's Grant Manager for this Agreement is.
Shelly Powell
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone 850-815-4356
Email shelly.powell(5em myflorida com
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C. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
. ail L.
5005' L Jy (a1furii 1-)ki4y, Vie;{-c `o3
Nc pLLs ft t3
Telephone _1)A- -.3
Faxi 139- -25 -3X00 Co FN
Email.i YhurrnAla bt!iz.r�4v.r t� {��r�iti��etih rn �JcUtter„?.§. ,net
D. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
7. PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2017 and shall end on
June 30, 2018. unless terminated earlier in accordance with the provisions of Paragraph (19) of this
Agreement. Consistent with the definition of period of performance.' contained in 2 C.F.R. §200.77, the
term "period of agreement' refers to the time during which the Sub-Recipient'may incur new obligations
to carry out the work authorized under” this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-
Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the
period of performance.' In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient
may expend funds authorized by this Agreement"only for allowable costs resulting from obligations
incurred during" the period of agreement
8. FUNDING
A This is a cost-reimbursement Agreement. subject to the availability of funds.
B The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes. or the Florida Constitution.
C. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A and Attachment B of this Agreement("Budget and Scope
of Work"). The maximum reimbursement amount for the entirety of this Agreement is$105,778.00.
D. As required by 2 C.F R §200 415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows' "By signing this report. I certify to the best of my knowledge and belief that the
report is true, complete. and accurate. and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award I am aware that any
false. fictitious, or fraudulent information. or the omission of any material fact. may subject me to criminal,
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civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).'
E. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
services') and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause(see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as"allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an
established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave. sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
(1) They are provided under established written leave policies;
(2) The costs are equitably allocated to all related activities, including Federal
awards; and,
(3) The accounting basis(cash or accrual) selected for costing each type of leave is
consistently followed by the non-Federal entity or specified grouping of employees.
F. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. 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. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
(1) The costs are reasonable and do not exceed charges normally allowed by the
Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
(2) Participation of the individual in the travel is necessary to the Federal award
G. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for attendance at a conference.
(1) 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."
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(2) Any reimbursement from the Division to the Sub-Recipient for the costs
associated with attending a conference is subject to the Department of Financial Services' Reference
Guide for State Expenditures, which states: "Reimbursement for registration fees and travel expenses in
connection with attendance at conferences or conventions will not be paid unless:
a) The main purpose of the convention or conference is directly related to the
statutory duties and responsibilities of the agency,
b) The duties and responsibilities of the traveler is related to the objectives of
the convention or conference; and,
c) "The activity provides a direct benefit supporting the work and public purpose
of the person attending."
9. PAYMENTS
A. 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 Sub-
Recipient's quarterly reporting as referenced in Paragraph 15 of this Agreement.
B. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification. signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: -By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
C. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A
and Attachment B, 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.
D. 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 Sub-Recipient.
E. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
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(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.
F. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, 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 E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
G. 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 subparagraph (8)B. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
10. 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), Florid Statutes, if a check or other draft is
returned to the Division for collection. Sub-Recipient shall pay the Division a service fee of 315.00 or 5%
of the face amount of the returned check or draft. whichever is greater.
11. PROCUREMENT
A. The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations. to include 2 C.F.R
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§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled 'Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
B. As required by 2 C.F R §200.318(b), the Sub-Recipient shall "maintain records
sufficient to detail the history of procurement These records will include, but arm ^^` -:,_.;ssarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
C. As required by 2 C.F R. §200.318(i). the Sub-Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub-
Recipient shall document. in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
D. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments. if any, to the Sub-Recipient within three (3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation Regardless of the Division's review. the Sub-Recipient remains
bound by all applicable laws, regulations. and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
(1) Terminate this Agreement in accordance with the provisions outlined in
paragraph 19 below; and,
(2) Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation.
E. Except for procurements by micro-purchases pursuant to 2 C.F.R §200.320(a) or
procurements by small purchase procedures pursuant to 2 C F R §200 320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
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forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324. the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F R. §§200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k). the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract. this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may
(1) Terminate this Agreement in accordance with the provisions outlined in
paragraph 19 below: and,
(2) Refuse to reimburse the Sub-Recipient for any costs associated with that
subcontract.
F. The Sub-Recipient agrees to include in the subcontract that(i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations.. and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
G. As required by 2 G.F R. §200.318(c)(1), the Sub-Recipient shall"maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
H As required by 2 C F R. §200 319(a). the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full and open competition." Accordingly, the
Sub-Recipient shall not:
(1) Place unreasonable requirements on firms in order for them to qualify to do
business:
(2) Require unnecessary experience or excessive bonding:
(3) Use noncompetitive pricing practices between firms or between affiliated
companies,
(4) Execute noncompetitive contracts to consultants that are on retainer contracts:
(5) Authorize, condone, or ignore organizational conflicts of interest,
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(6) Specify only a brand name product without allowing vendors to offer an
equivalent:
(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:
(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. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
J. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
K. The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b),
Florida Statutes.
L. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms").
12. RECORDS
A. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents. papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits. examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
B. As required by 2 C.F.R. §200.331(a)(5). the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General. or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements. papers, or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts. and transcripts.
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
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C. As required by 2 C.F R §200.333, the Sub-Recipient shall retain sufficient records to
show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of three (3) years from the date of
submission of the final expenditure report. The following are the only exceptions to the three (3) year
requirement:
(1) If any litigation, claim, or audit is started before the expiration of the 3-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
(2) When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit. cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
(3) Records for real property and equipment acquired with Federal funds must be
retained for 3 years after final disposition.
(4) When records are transferred to or maintained by the Federal awarding agency
or pass-through entity, the 3-year retention requirement is not applicable to the Sub-Recipient.
(5) Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
(6) Indirect cost rate proposals and cost allocations plans. This paragraph applies to
the following types of documents and their supporting records: indirect cost rate computations or
proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular
group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit
rates).
D. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value.
E. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews provide
reasonable safeguards against alteration, and remain readable.
F. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
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agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local. and tribal laws regarding privacy and obligations of confidentiality.
G. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements:
(1) Meetings of public boards or commissions must be open to the public;
(2) Reasonable notice of such meetings must be given: and,
(3) Minutes of the meetings must be taken and promptly recorded.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the open government requirements. However, the Government in the Sunshine Law
applies to private entities that provide services to governmental agencies and that act on behalf of those
agencies in the agencies' performance of their public duties. If a public agency delegates the
performance of its public purpose to a private entity, then, to the extent that private entity is performing
that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire
department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds. then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
H. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf Unless specifically exempted
from disclosure by the Legislature. all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate. communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However. when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
I. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs. in a form sufficient to determine compliance with the requirements
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and objectives of the Budget and Scope of Work -Attachment A- and all other applicable laws and
regulations.
13. INTELLECTUAL PROPERTY
A. Except as provided below, intellectual property rights to all property created or
otherwise developed under or in connection with the performance of this Agreement are hereby reserved
to and shall be owned by the State of Florida.
B. If the Sub-Recipient has pre-existing intellectual property rights, then the Sub-
Recipient shall retain all rights and entitlements to that pre-existing intellectual property unless the
Agreement provides otherwise.
C. If any intellectual property is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the intellectual property to the Division for a determination whether the State of Florida will seek patent,
copyright, trademark, or other intellectual property protection in its name.
D. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent, copyright, trademark, or other intellectual property protection. Failure to
disclose will indicate that no such property exists. The Division shall then, under Subparagraph A above,
have the right to all intellectual property which accrues during performance of the Agreement.
E. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes.
14. AUDITS
A. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, SubpartF.
B. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP"has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
C When conducting an audit of the Sub-Recipient's performance under this Agreement.
the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2
C F R §200 50, GAGAS, ''also known as the Yellow Book, means generally accepted government
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auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
D. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance.
E. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as 'an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub-Recipient's fiscal year
F. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200. by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle Auditem.myflorida.com
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
G. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvestercensus.cov/facicollectiddeindex.html
H. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMS ndle Audita( ,em.myflorida.com
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
15. REPORTS
A. Consistent with 2 C F.R. §200.328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
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the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
B. Quarterly reports are due to the Division no later than 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.
C. 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 first occurs.
D. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (18) REMEDIES "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
E. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
F. The Sub-Recipient shall provide additional reports and information identified in
Attachment D.
16. MONITORING.
A. The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A and Attachment B to this Agreement,
and reported in the quarterly report.
B. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews. investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition. the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
17. DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (18); however, the Division may make payments or partial payments
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after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
A. Any warranty or representation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement:
B. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
C. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
D. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
18. REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
A. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
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 (6) herein:
B. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
C. Withhold or suspend payment of all or any part of a request for payment:
D. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
E. Exercise any corrective or remedial actions, to include but not be limited to:
(1) Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance.
(2) Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
(3) Advise the Sub-Recipient to suspend. discontinue or refrain from incurring
costs for any activities in question or
(4) Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
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F. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient. it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
19. 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 Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
B. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty 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 Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law. withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
20. LIABILITY
A. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement: as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement. Sub-Recipient agrees that it is not
an employee or agent of the Division. but is an independent contractor.
B. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2). Florida Statutes. agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division. and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
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sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
21. 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— Budget
(2) Attachment B— Scope of Work/Deliverables
(3) Attachment C— Program Statutes and Regulations
(4) Attachment D— Reports
(5) Attachment E —Justification of Advance Payment
(6) Attachment F—Warranties and Representations
(7) Attachment G—Certification Regarding Debarment
(8) Attachment H— Statement of Assurances
(9) Attachment I— Mandatory Contract Provisions
(10)Attachment J —Allowable Costs and Eligible Activities
22. 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 Sub-Recipient in this Agreement,
in any later submission or response to a Division request. or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient.
B. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule. or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable. but shall not invalidate any other
provision of this Agreement.
C. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
D. The Sub-Recipient agrees to comply with the Americans with Disabilities Act(Public
Law 101-336. 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
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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 Sub-Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government. certifies, to the best of its knowledge
and belief, that it and its principals:
(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
22(F)(2). of this certification; and,
(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 Sub-Recipient is unable to certify to any of the statements in this certification,
then the Sub-Recipient shall attach an explanation to this Agreement.
H. In addition, the Sub-Recipient shall send to the Division (by email or by facsimile
transmission) the completed Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Sub-Recipient plans to fund under this
Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract
with any subcontractor.
I. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes. which the Sub-Recipient created or received under this
Agreement.
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J. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
K. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.0 Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
('INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division
L. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
A. 2 C.F R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
B. Section 216.347. Florida Statutes, prohibits any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
C. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
D. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension. continuation renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency. a
Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in
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connection with this Federal contract. grant, loan or cooperative agreement, the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
(3) The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose.
(4) This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure
(24)EQUAL OPPORTUNITY EMPLOYMENT
M. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee. the following equal
opportunity clause.
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer: recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor. state that all
qualified applicants will receive considerations for employment without
regard to race. color, religion. sex. or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
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iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules. regulatons, and relevant
orders of the Secretary of Labor.
v. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books. records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations. or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24. 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor. or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions. including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
N. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
O. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules. regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
22
16E5
P The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for. Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II. Subpart D of the Executive order. In
addition. the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant(contract, loan, insurance, guarantee): refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub-Recipient: and refer the case to the
Department of Justice for appropriate legal proceedings.
(25)COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145. and the requirements of 29 C.F R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower ter subcontractor with all of these contract
clauses
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F R. § 5 12.
(26)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient. with the funds authorized by this Agreement, enters into a contract
that exceeds$100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U S C 3702 and 3704. asupplementedkby Department,Lmrci {y pati
of Labor regulations(29 CFR Part 5) Under 40 U.S.C. 3702 of the Act, each contractor must be required Act
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U S C 3704 are applicable to-construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
23
1 6E 5
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
(27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387): and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
(28)SUSPENSION AND DEBARMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995). or its affiliates(defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000. subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C. in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(29)BYRD ANTI-LOBBYING AMENDMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause.
Byrd Anti-Lobbying Amendment. 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of$100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency. a member of Congress. officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
24
1 6 E5
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
A. If the Sub-Recipient, with the funds authorized by this Agreement. seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources:
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce: and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (1)through (5)of this section.
B. The requirement outlined in subparagraph A. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
C. The"socioeconomic contracting" requirement outlines the affirmative steps that the
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
D. The requirement to divide total requirements. when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises. does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e g. "project splitting").
25
1 6E 5
(31)ASSURANCES.
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
(32)LEGAL AUTHORIZATION.
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
26
1 6E 5
IN WITNESS WHEREOF,the parties hereto have executed this Agreement.
COLLIE OUNTY
By: 4
Name and Title: Penny Taylor. Chairman
Date: h1I' - ,' ' q/240//7
FID# 59-6000558
DUNS# 076997790
Include a copy of the designation of authority for the signatory, if applicable.
ATTEST: Dwight•E.Brock, Clerk Approved as to Form and Legality
By: CW1-4,-. c?. ,(,:kittp
att@Assistar Coun
� n,s y Atto Y 09'
signature only., %
STATEOF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Michael Kennett, Deputy Director(by authority from the Director)
Date:
27
1 6E 5
ATTACHMENT A
PROPOSED PROGRAM BUDGET
• Funding from the Emergency Management Performance Grant is intended for use by the Sub-
Recipient to perform eligible activities as identified in Notice of Funding Opportunity (NOFO), Fiscal
Year 2017 EMPG, Appendix B– FY 2017 EMPG Funding Guidelines and programs that are
consistent with 2 C.F.R. Part 200. State Rule Chapter 27P-6, Florida Administrative Code and
Chapter 252, Florida Statutes).
• Below is a general budget which outlines eligible categories and their allocation under this award.
The Sub-recipient is to utilize the"Proposed Program Budget" as a guide for completing the"Budget
Detail Worksheet" below.
• The Equipment category will require Authorized Equipment List(AEL) reference number. The
Authorized Equipment List(AEL) is a list of approved equipment types allowed under FEMA's
preparedness grant programs. The intended audience of this tool is emergency managers, first
responders, and other homeland security professionals. The AEL can be found at
httpsliwww.fema.gov/authorized-equipment-list.
• The transfer of funds between the categories listed in the Proposed Program Budget is permitted. If
funds need to be moved in categories, send a revised Proposed Program Budget to your grant
manager.
Grant - Sub-Recipient Agency Category Allocated
Planning Expenditures
FY 2017 – Emergency Organization Expenditures
Management Performance COLLIER COUNTY —Grant Program
Training Expenditures
Exercise Expenditures
$105,778
Equipment Expenditures
Management and Administration
Expenditures (no greater than 5%) '
Total Award l $105,778.00
16E5
FY 2017 BUDGET DETAIL WORKSHEET -ELIGIBLE ACTIVITIES
Not limited to activities below
I 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
duties)
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs
A r
Allowable Organization Costs Quantity Unit Cost Total Cost
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) i...— _._.._....
Overtime and backfill costs •
Utility (electric,water and sewage)
Telephone Bills(landlines, cellular and satellite)
Internet Services
Maintenance agreements for equipment or series
Supplies
Software and Upgrades
Computers, printerscopiers and fax machines
29
1 6 E5
Radios
Satellite telephones
Storage and shelving for storage
Other emergency response communication
Furniture
Postage
Apparel for identification
Fuel
Memberships and Conference i
Travel
Vehicle(s)
Publications j
TOTAL ORGANIZATIONAL EXPENDITURES $
Allowable Exercise Costs Quantity Unit Cost Total Cost
Design, Develop, Conduct and Evaluate an Exercise
Exercise Planning Workshop-Funds may be used to plan
and conduct an Exercise Planning Workshop to include costs
related to planning, meeting space and other meeting costs,
materials and supplies, travel and exerciseplan 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
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 I
Travel -Travel costs (i.e., airfare, mileage, per diem, hotel,
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
rates.
Supplies-Supplies are items that are expended or consumed
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).
30
| |
` ^ ^
1 6 E
TOTAL EXERCISE EXPENDITURES $
Allowable Training Costs ' Quantity
__°-� _.�`�/
��-
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
Full or Part-Time Staff or Contractors/Consultants
Certification/Recertification of Instructors
Travel
Supplies are items that are expended or consumed 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)
Instructor certification/re-certification
Citizen'----- Councils in conducting — ------- —' ---
Coordination with zenuor�o un
trainingT
TRAINING EXPENDmrURES� $
Eligible Equipment Acquisition Costs Quantity Unit Cost Total Cost
Personal protective
equipment
| |
| /
Information
O4HVV-01'|N 44 ' $619 $27.238
21GN-00-OCEOK8ondors 10 $25420 $2.542
Cvbmrsecuh��mnh�n�mn��ntm4ui�nmmmt '
i
/
Interoperablecommunications equipment
Detection
quipment
3|
/�\
16E5 .•
Power equipment
10PE-00-UPS Load bank i 1 58,000 $8,000
CBRNE Reference Materials
CBRNE Incident Response Vehicles
Physical Security Enhancement Equipment
CBRNE Logistical Support Equipment
Other authorized equipment costs
12TR-00-TEQP Equipment Supply Trailers ' 4 ; $12,250 I $49,000
19GN-00-FANV Portable Air 2 , $9.500 1 $19,000
TOTAL EQUIPMENT EXPENDITURES $105,778
TOTAL EXPENDITURES
Eligible Management and Administration Costs Quantity Unit Cost Total Cost
y
Hiring of full-time or part-time staff or contractors/consultants:
to assist with the management of the respective grant
program; application requirements, and compliance with
reporting and data collection requirements
Overtime and backfill costs—Overtime expenses are defined
as the result of personnel who worked over and above their
normal scheduled daily or weekly worked time in the
performance of FEMA—approved activities. Backfill Costs
also called "Overtime as Backfill" are defined as expenses
from the result of personnel who are working overtime in order
to perform the duties of other personnel who are temporarily I I
assigned to FEMA—approved activities outside their core
responsibilities. Neither overtime nor backfill expenses are the
result of an increase of Full —Time Equivalent(FTEs)
employees. These costs are allowed only to the extent the
payment for such services is in accordance with the policies of
the state or unit(s) of local government and has the approval of
•
the state or the awarding agency, whichever is applicable. In •
no case is dual compensation allowable. That is, an employee
of a unit of government may not receive compensation from
their unit or agency of government AND from an award for a
single period of time(e.g. 1 00 pm to 5:00 pm), even though
I such work may benefit both activities. Fringe benefits on
overtime hours are limited to Federal Insurance Contributions
Act(FICA). Workers' Compensation and Unemployment !
Compensation; — - i
Travel expenses
Meeting-related expenses j
•
Authorized office equipment: including personal computers,
l
laptop computers,printers, LCD projectors, and other 1___.
32
16E5
equipment or software which may be required to support the
implementation of the homeland security strategy.
The following are allowable only within the agreement period:
Recurring fees/charges associated with certain equipment,
such as cell phones, faxes ! j
Leasing and/or renting of space for newly hired personnel to
administer programs within the grant program.
TOTAL M&A EXPENDITURES $
TOTAL EXPENDITURES $105,778
33
. • \
/
1 6E 5
Attachment B
Scope of Work/Deliverables
The Emergency Management Performance Grant(EMPG) funding agreement is provided to perform
eligible activities as identified in the Notice of Funding Opportunity(NOFO). Fiscal Year 2017 EMPG,
Appendix B— FY 2017 EMPG Funding Guidelines. EMPG Program Guidance, FY2017 allowable costs
are divided into the following categories: planning, organization, training, exercise, equipment, and
management and administration. Eligible activities are outlined in Allowable Costs and Eligible
Activities. The intent of the EMPG Base Grant Agreement is to provide each county with the means to
successfully manage and operate an Emergency Management Program by enhancing county emergency
management plans and programs that are consistent with 2 C.F.R. Part 200. the State Comprehensive
Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code
and Chapter 252, Florida Statutes).
Counties must be able to prepare for, respond to, recover from, and mitigate against natural and
man-made disasters/emergencies. Each Emergency Management staff person must work the
number 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 their
jurisdiction.
By signing this Agreement. the Sub-Recipient certifies that it will use these funds to enhance the county's
Emergency Management Program.
Federal funds provided under this Agreement shall be matched by the Sub-Recipient dollar for dollar from
non-federal funds.
Monitoring: Monitoring will be accomplished through desk-based reviews, on-site monitoring visits, or
both. Monitoring will involve the review and analysis of the financial, programmatic, performance,
compliance and administrative processes, policies, activities, and other attributes of each county and will
identify areas where technical assistance, corrective actions and other support may be needed.
Desk monitoring is the review of projects, financial activity and technical assistance between the Division
and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the Sub-Recipient
agencies by a Division representative who examines records, procedures and equipment.
The Division may request additional monitoring/information if the activity, or lack thereof. generates
questions from the region, the sponsoring agency or Division leadership. The method of gathering this
information will be determined on a case-by-case basis.
Procurement: All Procurement transactions will be conducted in a manner providing full and open
competition and shall comply with the standards articulated in.
• 2 C.F.R Part 200:
• Chapter 287, Florida Statues: and.
• Any local procurement policy.
Piggy-backing: The practice of one agency using the procurement/agreement of another agency is
called piggybacking The existing contract must contain language or other legal authority authorizing third
parties to make purchases from the contract with the vendor's consent. The terms and conditions of the
new contract, including the scope of work, must be substantially the same as those of the existing
contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods
or services. An agency may not use the preexisting contract merely as a"basis to begin negotiations"for
34
1
1 6E 5
a broader or materially different contract. Only piggy-back agreements that meet all requirements as
outline in the Sub-Recipient shall be allowable.
At a minimum the County is to successfully complete the following tasks throughout the contract period to
ensure compliance and coordination with the state emergency management. Quarterly Tasks (Form1B)
will need to be provided each quarter to show completion or working towards the completion of each task.
Items will also be reviewed during the mid-year and end-of year progress report prepared in conjunction
with the Division's Regional Coordinator to validate compliance. All back-up documentation listed below
shall be uploaded to the Division's SharePoint portal, https://portal.floridadisaster.orq
Task(s):
1. 24-7 Operations. The minimum acceptable standard for payment is to maintain a 24-7 operation.
The County Emergency Operation Center must be able to operate within the minimum acceptable
standard to maintain a 24-7 operation, 7 days a week. Monthly acknowledgement during the State
Watch Office's monthly communication test from either NAWAS, State EMNet Voice Manager, EMnet
Message Manager, or via landline phone if the aforementioned systems are reported to the SWO as
inoperable.
2. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with
the match portion of your close out report. If your proposed match plan changes, an update should
be provided. Federal funds provided under this Agreement shall be matched by the Sub-Recipient
dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the federal
obligation exceeds EMPA then you need to identify the other non-federal match. In the space
provided on the form, provide a narrative description on how you plan to meet the dollar for dollar
match requirement. The Chief Financial Officer or equal authority must sign the Proposed Match
form.
3. All Emergency Management personnel. Each quarter must provide Quarterly Tasks (Form 1 B) to
show you are able to maintain a minimum level of capability. Submit current EMAP accreditation
certification OR for each emergency management position, provide certificates for the following
training via SharePoint and/or SERT TRAC:
• IS 100—Introduction to Incident Command System
• IS 200—ICS for Single Resources and Initial Action Incidents
• IS 700—National Incident Management Systems (NIMS)
• IS 800—National Response Framework
4. EMPG Funding Positions Only -Training and Exercise -To ensure that each county emergency
management agency complies with EMPG Guidance: each EMPG funded position during this
contract period (Date of Execution —June 30, 2018) MUST provide the following items.
• County Emergency Management employee(s) should participate in no less than three (3)
exercises within the 12 month Agreement period
• Submit an After Action Report (AAR) for each exercise conducted by the Sub-Recipient and/or
provide sufficient exercise documentation (i.e., sign in sheet. certificate, etc.) for participation in
each exercise not conducted by the Sub-Recipient
• Complete the following training requirements and record proof of completion: NIMS Training,
Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition. personnel shall complete
either the Independent Study courses identified in the Professional Development Series or the
National Emergency Management Basic Academy delivered either by the Emergency
Management Institute (EMI)or at a sponsored State, local, tribal, territorial, regional or other,
designated location.
35
1 6E 5
5. National Incident Management System (NIMS)-The Sub-Recipient will be required to complete a
NIMS survey and provide the NIMS implementation status of your jurisdiction no later than December
1st. This survey, upon receipt, is designed to provide a self-assessment instrument to evaluate and
report on your jurisdiction's implementation of the National Incident Management System (NIMS)
6. Coordination and Collaboration - Utilizing the elements below, county emergency management
agencies will have an ongoing process that provides for coordinated and collaborated input in the
preparation, implementation, evaluation and revision of emergency management programs.
• Attend the Regional Training and Exercise Planning (TEP)Workshop and provide an agenda
and a copy of the sign in sheets or certificate to show participation during this contract period
(July 1, 2017 —June 30, 2018)
7. Multi-Year Training and Exercise Plan (MYTEP)—Sub-Recipient is required to develop a MYTEP
that identifies combination of exercises. along with associated trainings requirements, that addresses
the priorities identified in the State TEPW. The county TEP will be included in the state submission of
the MYTEP. Develop and submit no later than June 15t.
Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a
quarterly basis for the documented allowable costs incurred during the successful completion of the
task(s) required to be performed in that quarter. Additionally. the submission of the certified Quarterly
Tasks form is required.
Financial Consequence
Failure to successfully complete each of the required tasks. as outlined in the identified quarter(s), will
result in a reduction of the Agreement amount by 10% per quarter.
36
1 6E 5
Attachment C
Program Statutes and Regulations
1. Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq.
2. Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213
3. Chapter 473, Florida Statutes
4. Chapter 215, Florida Statutes
5. Chapter 252, Florida Statutes
6. Title VI of the Civil Rights Act of 1964 42 U S.C. §2000 et seq.
7. Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq.
8. Copyright notice 17 U.S.C. §§401 or 402
9. Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200
10. Debarment and Suspension Executive Orders 12549 and 12689
11. Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq.
12. Duplication of Benefits 2 C.F.R. Part 200, Subpart E
13. Energy Policy and Conservation Act 42 U.S.C. § 6201
14. False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38
U.S.C. § 3801-3812
15. Fly America Act of 1974 49 U.S.C. §41102 also 49 U.S.C. §40118
16. Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a
17. Lobbying Prohibitions 31 U.S.C. § 1352
18. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq.
19. Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20. Terrorist Financing Executive Order 13224
21. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
U.S.C. § 1681 et seq.
22. Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
23. Rehabilitation Act of 1973 Section 504, .29 U.S.C. § 794
24. USA Patriot Act of 2001 18 U.S.C. § 175-172c
25. Whistleblower Protection Act 10 U S.C. § 2409. 41 US.C. 4712, and 10 U.S.C. §
26. 2324, 41 U.S.C. § §4304 and 4310
27. 53 Federal Register 8034
28. Rule Chapters 27P-6. 27P-11 , and 27P-19, Florida Administrative Code
29. 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
30 To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200
shall apply
37
1 6E 5
Attachment D
Reports
Sub-Recipient shall 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.
Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of
the program year; and shall 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 Sub-Recipient shall provide the Division with full support documentation for the
quarterly financial reports. To eliminate large files and mailings,the Division will accept
back up documentation on a CD if desired by the Sub-Recipient.
(Backup Documentation should reflect the amount requested on the Expenses Detail of Claims
form.)
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks or general
ledger for proof of payment. May also request copies of planning materials and work
products(i.e., meeting documents. copies of completed plans (if submission of plans is for
the Division then only need to provide date of submission and who submitted plan/product
to), etc.). Any costs for planning activities provided by in-house staff MUST be reported
under"Organizational Activities".
• Organizational Activities: Includes salaries and expenses (depending upon eligibility).
Supply copies of timesheets(if applicable)documenting hours worked and proof employee
was paid (i.e.. earning statements/payroll registries). Expense items need to have copies of
invoices/receipts and canceled checks or general ledger for proof of payment. All
documentation for reimbursement MUST include exact amounts and MUST be clearly visible
and defined (i.e., highlighted, underlined, circled &/or individually identified on a
spreadsheet).
• Training Costs. Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks or general
ledger for proof of payment and a copy of the agenda and sign in rosters(if using pre
38
1 6E 5
populated sign in sheets they must be certified by the Emergency Management Director
verifying attendance). May also request any training materials provided.
• Exercise Costs. Provide copies of contracts. MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks or general
ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre
populated sign in sheets they must be certified by the Emergency Management Director
verifying attendance). May also request any training materials provided.
• Equipment Acquisition Costs: Copies of Invoices/receipts and canceled checks or general
ledger for proof of payment. AEL#for each purchase (if applicable).
• Management and Administrative Costs: Supply copies of timesheets documenting hours
worked and proof employee was paid (i.e.: earning statements/payroll registries).
• For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel/conference. If conference, a copy of
the agenda must be provided. Proof of payment is also required for all travel and
conferences. If the Sub-Recipient seeks reimbursement for travel costs that exceed the
amounts stated in section 112.061(6)(b), Florida Statutes (S6 for breakfast, $11 for lunch, and
$19 for dinner), then the Sub-Recipient must provide documentation that: The costs are
reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular
operations as a result of the Sub-Recipient's written travel policy; and participation of the
•individual in the travel is necessary to the Federal award.
• If cancelled checks are NOT available. copies of the general ledger MUST be provided.
A. The Quarterly Tasks Form is due with your quarterly financial report each quarter. This
form identifies EMPG funded employees, the required training completed (or working
towards completion), and the required amount of exercises during the agreement period.
B. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare
with the match portion of your close out report. If your proposed match plan changes an update
should be provided. Federal funds provided under this Agreement shall be matched by the Sub-
Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the
federal obligation exceeds EMPA then you need to identify the other non-federal match. In the
space provided on the form, provide a narrative description on how you plan to meet the dollar for
dollar match requirement. The Proposed Match form must be signed by the Chief Financial
Officer or equal authority.
C. 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.
D. The final Close Out report is due sixty (60) days after termination of this Agreement. Federal
funds provided under this agreement shall be matched by the Sub-Recipient dollar for dollar from
non-federal funds. If the funds are being matched with EMPA and are less than the expended
EMPA. no additional back-up/supporting documentation is needed. However, if your EMPG
funds exceed EMPA, or if you are not using EMPA for match. the appropriate back-up/supporting
documentation needs to be provided (i.e general ledger with highlighted matching non-federal
funds).
E Programmatic Point of Contact:
39
16E 5
Contractual Point of Contact Programmatic Point of Contact
Shelly Powell Karen Lyons
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahassee. FL 32399-2100
(850) 815-4356 (850) 815-4325
shelly.powell@em.myflorida.corn karen.lyons@em.myflorida.corn
• The Division shall determine eligibility of projects and approve changes in Scope of Work.
• The Division shall administer the financial processes.
40
16E 5
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
ADVANCE 12EQUESTED
Advance payment of S is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20 -20Anticipated Expenditures for First Three Months
(list applicable line items) of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining
the need for the cash advance. The justification must include supporting documentation that
clearly shows the advance will be expended within the first ninety (90) days of the contract term.
Support documentation should include quotes for purchases, delivery timelines, salary and
expense projections, etc. to provide the Division reasonable and necessary support that the
advance will be expended within the first ninety (90) days of the contract term. Any advance
funds not expended within the first ninety (90)days of the contract term shall be returned to the
Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty(30)days
of receipt, along with any interest earned on the advance)
41
1 6E 5
Attachment F
Warranties and Representations
Financial Management
The Sub-Recipients financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.FR. §200, Part D—Post Federal Award Requirements—Procurement Standards(2
C.F.R. §§200.317 through 200.326).
Business Hours
The Sub-Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site. from: '`AO- Arr\- S .off r'r" r0-P"
Licensing and Permitting
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub-Recipient.
42
,1
1 6E 5
Attachment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Sub-Recipient,
certifies, by submission of this document, that neither it nor its principals is presently debarred,
suspended. proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
(2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
B y:
Signature Sub-Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
43
1 6E 5
Attachment H
Statement of Assurances
The Sub-Recipient hereby assures and certifies compliance with all Federal statutes, regulations,
policies, guidelines and requirements, including 2 C.F.R. Part 200: E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule,
that govern the application. acceptance and use of Federal funds for this federally-assisted project. Also
the Applicant assures and certifies that
1 It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family. business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records. books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31. 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial
assistance" includes any form of loan, grant. guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
44
}
1 6E 5
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its sub-recipients and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure: Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42. Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act(as appropriate); Title VI of the Civil Rights Act of 1964. as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA)
(1990), Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race. color, religion, national origin, sex, or
disability against a Sub-Recipient of funds, the Sub-Recipient will forward a copy of the finding to the
Office for Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for$500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L. 97-348)dated October 19,
1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620
45
1 6E 5
Attachment I
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
46
16E5
OMB Guidance Pt.200,App.II
(D)Dal:Is-flacon Act es amended(10 U S.C. materials or articles ordinarily available on
3141-3149).When required by Federal program the open market. or contracts for transpor-
legislation. all prime construcsfon contracts tattoo or transmission of tntelltgence.
in excess of 52.000 awarded by non-Federal Ft Rights to Inventions Made Under a
entities must include a provision for compli- Contract or Agreement.U the Federal award
ince with the Davis-Bacon Act (40 U.S.C. meats the definition of funding agreement"
31413144. and 3146-31401 as supplemented by under 27 CFR 11012(at and the recipient or
Department of Labor regulations lee CFR subrecipient wishes to eater into a contract
Part S. 'Labor Standards Provisions Appli- with a small business firm or nonprofit urge-
cable to Contracts Covering Federally Ft- fixation regarding the substitution of par-
named and Assisted Construction"t. In ss- ties. assignment or performance of expert-
cordance with the statute. contractors must mental. developmental, or research work
be required to pay wages to laborers and me- under that"funding agreement" the recipi-
chanics at a rata net less than the prevailing eat or sutrecipiect mast comply with the re-
wages :specified :n a wage determination qulrements of 37 CFR Part 401."Rights to In-
made by the Secretary of Labor. In addition, vontiona Made by Nonprofit Organizations
contractors must be required to pay wages end Small Business Firms Under Govern-
not less than once a week.The non-Federal ment Grants. Contracts and Cooperative
entity must place a copy of the current pre- Agreements."and any Implementing regula-
ratline wage daterm:nation issued by the Do- nuns issued by the awarding agency.
partment of Labor in each solicitation.The tat Clean Air Act(42 U.S.C.7401-76714.1 and
decision to award a contract or subcontract the Federal Water Pollution Control Act(33
must be conditioned upon the acceptance of U.S.C. 1M-1307).as amended—Contracts and
the wage determination.The non-Federal en- sutgrants of amounts in excess of 8150.000
sty must report all suspected or reported must contain a provision that requires the
violations to the Federal awarding agency. non-Federal award to agree to comply with
The contracts must also Include a provision all applicable standards. orders or regula-
for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act
Kickback" Act 140 U.S.C. 31451, as supple- (42 U S.C. 7101-747141 and the Federal Water
mented by Department of Labor regulations Pollution Control Act as amended<33 U.S.C.
(29 CFR Part 3. "Contractors and Sub- 1251-131f71.Violations must be reported to the
contractors on Public Building or Public Federal awarding agency and the Regional
Work Financed in Whole or in Part by Loans Office of the Environmental Protection
or Grants from the United States").The Act Agency!EPA).
provides that each contractor or sub- !R) Mandatory standards and policies re-
recipient must be prohibited from Inducing. lattng to energy efficiency which are con-
by any means, any person employed in the tallied in the state energy conservation plan
construction.completion.or repair of public issued in compliance with the Energy Policy
work. to give up any part of the compensa- and Conservation Act(42 U.S.C.6301.1.
ion to which he or she is otherwise entitled. iii Debarment and Suspension (Executive
The non-Federal entity must,report all sus- Orders 12549 and 12629).-A contract award
pected or reported violations to the Federal tree 2 CFR 190.'!'01 must not be made to par-
awarding agency. cies listed on the goveromentwtde Excluded
tEi Contract Work Rours and Safety Parnas List System in the System for Award
Standards Act 140 U.S.C. 3701-3700). Where Management ISAM),in accordance with the
applicable,all contracts awarded be the non- OMB guidelines at 2 CFR 190 that implement
Federal entity in excess of 8100.000 that in- Executive Orders 12513 13 CFR Part 1986
valve the employment of mechanics or labor- Comp.. p. 1891 and 12689 (3 CFR Part 1090
ars must include a provision for compliance Comp..p 336)."Debarment and Suspension."
with 40 U.S.C-3702 and 3704.as supplemented The Excluded Parties List System In SAM
ley Department of Labor regulations(29 CFR contains the names of parties debarred.sus-
Part Si.ender 40 U.S.C.3702 of the Act,each peu.dad.or otherwise excluded by agencies-as
contractor must be required to compute the well as parties declared ineligible under stat-
wages of every mechanic and laborer on the utory or regulatory authority other than Lx-
tuts of a standard work week of 10 hours. ecutive Order 12540.
Work in excess of the standard work week is (Jr Byrd Anti-Lobbying Amendment t31
permissible provided that the worker is cons- U.S.C. 1362t--Contractors that apply or bid
pansated as a rate of not less than one and a for an award of 5100 000 or more must file the
hell tithes the basic rata of pay for all hours required certification. Each tier certifies to
worked in excess of 40 hours in the work the tier above that it will not and has not
week.The requirements of 40 U.S C.370i are used Federal appropriated fends to pay any
applicable to construction work and provide person or organization for influencing or at-
that no laborer or mechanic must be re- tempting to influence an officer or employee
quirad to work to surroundings or under of any agency,a member of Congress.officer
working conditions which are unsanitary. or employee of Congress.or an employee of a
hazardous or dangerous.These requirements member of Congress In connection with ab-
le not apply to the purchases of supplies or taming any Federal contract. grant or any
195
47
16E5
Pt.200,App.III 2 CFR Ch.II(1-1-14 Edition)
cher award covered by 31 U.S.C. 1352. Each II, Sponsored research means all research
tier must also disclose any lobbying with and development activities that are spon-
con-Federal funds that takes place in con- steed by Federal and non-Federal agencies
nactlon with obtaining any Federal award. and organizations.This term Includes acetyl-
Such disclosures are forwarded from tier to ties involving the training of Individuals in
tier up to the non-Federal sward. research techniques iconurwnly called re-
(KI Sea 12CA)t2 Procurement of reeoverod search training)where such activities utilize
materials. the same facilities as other research and de-
velopment activities and where such activt.
APPENDIX III TO PART 200—INDIRECT ties are not included In the instruction func-
(F3cAt C.oall IDENTIF:CAT10N AND tied.
ASSIGNMENT. AND RATE DETER/AMA- 12) Gtatverrtty research means all research
TION FOR INSTITUTIONS OF HIGHER and development activities that are sopa-
EDUCATION(IHEs) rately budgeted and accoauited for by the In-
stitution under an Internal application of In-
A.Gasaaai. sratutional funds. University research. for
This appendix provides cruors for identi- purposes of this document.. must be com-
binedtying and computing indirect for indire.t with sponsored research under the
F&A))rates at IEEs(institutions). indirect function of organized research.
(VIA)costs are those that are incurred for c.Other sponsored acehdttes means programs
and projects financed
common or Joint objectives and therefore
financed by Federal and non-
common
be Identified readily and specifically Federal agencies and organizations which In-
with a particular sponsored project. en In- volvi the performance of work other than In-
scrucmonaI activity. or any other institu-
tional
strnction and organized research. Examples
activity. See subsection 111. Deftni• of such programs and projects are health
mon of Facilities and Administration.fors
service projects and community service pro.
discussion of the components of indirect grid s.However.when any of these activities
,.F&A)costs are undertaken by the institution without
outside support. they may be classified as
)..Nevar Functions of an Inrlitetton other Institutional activities.
Refers to lnstructlon. organtted research. d.Other InsiUIIfIona)activates means all ac-
other sponsored activates and other insmtu- tivities of an to.nitration except for Instruc-
tional acttvittes as defined In this section: tion, .dand other sponsoredl research. organised re-
a. instruction means the teaching and search.and other activates.as de-
training activities of an Institution. Except fined In this section Indirect(PIA)cost ae-
for research training as provided in sub nettles identified in this Appendix para
section b.this term Includes all teaching and graph B.Ideatldcation and assignment of in-
training activities.whether they are offered direct(F&A) costs: and specialized services
for credits toward a degree or certificate or facilities described in 42(4.189 Specialised
on a non-credit basis. and whether they are service facilities of this Part.
offered through regular academic depart- Examples of other institutional activities
meats or separate divisions.such as a sutra- include operation of residence halls, dining
mer school division or an extension dis:non. halls- hospitals and clinics. student unions.
Also considered part of this major function intercollegiate athletics.bookstores.faculty
are departmental research, and. where housir.g. student apartments. guest houses.
agreed to.university research. chapels.theaters.public museums.and other
t1)Sponsored tnstrectlon and tralnlee means similar auxiliary enterprises.This definition
specific instructional or training activity es- also includes any other categories of activi-
tablished by grant. contract.or cooperative ties. costs of which are "unallowable" to
agreement. For purposes of the cost prin- Federal awards. unless otherwise Indicated
cipies. this activity may be considered a in an award,
major function even though an institution's 2.Crterta for Dtsrrtbveton
accounting treatment may Include It in the
instruction function. a. Hue period. A Casa period for distribo-
(2) Deltarbnental research means research. tion of Indirect (P&AI costs is the period
development and scholarly activities that during which the costs are incurred. The
are not organized research and. con- base period normally should coincide with
segcently. are not separately budgeted and the fiscal veer established by the Institution.
accounted for. Departmental research- for but in any event the base period should be so
purposes of this document.Is not considered selected as to avoid Inequities in the chs-
as a major function.but as a part of the in- tribution of costs.
suvctlon function of the institution. b. Need for cost gro'yinos.The overall ob
t>. freaninl+d research means all research jeitive of the Indirect iF&A)cost allocation
and development activities of an institution process is to distribute the Indirect (F&Ai
that are separately budgeted and accounted costs described In Section B. Identification
ter.It includes: and assignment of Indirect iF&A) costs- to
196
48
1 6E 5
Attachment J
Allowable Cost and Eligible Activities
I. Categories and Eligible Activities
The 2017 EMPG Funding Guidance allowable costs are divided into the following categories: planning,
organization, training, exercise, equipment, and management and administration.
Allowable Costs
A. Planning
Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline
for determining potential threats and hazards, required capabilities, required resources, and
establishes a framework for roles and responsibilities. Planning provides a methodical way to engage
the whole community in the development of a strategic. operational. and/or community-based
approach to preparedness.
Plans should have prior review and approval from the respective DEM state program. Funds
may not be reimbursed for any plans that are not approved.
EMPG Program funds may be used to develop or enhance emergency management planning
activities.
Some examples include:
• Emergency Management/Operation Plans
• Communications Plans
• Continuity/Administrative Plans
• Whole Community Engagement/Planning
• Resource Management Planning
• Evacuation planning
• Recovery Planning
• Federal (and Mutual Aid) Emergency Response Official (F/ERO) Credentialing and Validation
B. Organization
Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (42 U.S.C.
§§ 5121-5207), EMPG Program funds may be used for all-hazards emergency management
operations, staffing. and other day-to-day activities in support of emergency management. Sub-
Recipients are encouraged to fund at least one dedicated Planner, Training Officer, and Exercise
Officer. Personnel costs, including salary, overtime. compensatory time off, and associated fringe
benefits, are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part
200, Subpart E—Cost Principles.
The quarterly minimum acceptable standard is to have the qualified staffing level for the county based
upon Rules 27P-11.004 and 27P-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
49
1 6E 5
Governor by executive order or rule, are encouraged to have a full time director, but, must, as a
minimum, 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 which has been approved by the
Division of Emergency Management. Program approval will 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 County Emergency Management Agencies in the state shall be
allocated annual Federal Emergency Management Agency (FEMA) Emergency Management
Performance Grant(EMPG)funding based on the following factors: an amount initially allocated to
the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the
Division of Emergency Management (Division), a base amount distributed equally to each county and
an amount commensurate with each county's proportionate share of the state's total population
based on the most recent official population estimates. These amounts shall be increased or
decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division
and the Division's distribution of funds to local governments. After providing for the initial allocation
and the base amount allocation as described above, each county's increase or decrease shall be
commensurate with its proportionate share of the state's total population based on the most recent
official population estimates. Federal funds shall be used by the county for personnel, travel and
operational expenses. Each county must be able to provide a non-federal match for federal funds on
a dollar for dollar basis.
Mandatory Training and Exercise Requirements for EMPG funded employees only
All EMPG Program funded personnel shall complete the following training requirements and record
proof of completion: NIMS Training: Independent Study (IS) 100, IS 200, IS 700, and IS 800. In
addition. personnel shall complete either the Independent Study courses identified in the Professional
Development Series or the National Emergency Management Basic Academy delivered either by the
Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or
other, designated location.
The Quarterly Tasks (Form 1 B) is due every quarter with your quarterly financial report. This is to
identify all EMPG funded employees, the completion of the required training (or working towards
completion) and the required amount of exercises during the agreement period.
Eligible"Organization" items include, but are not limited to:
• 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
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment(that does not require an AEL#)
• 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
• 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
50
1 6E 5
graduate assistants, fellowships, part time academic employment, board members,
consultants, and other services.
• Consultant Services require a pre-approved Contract or purchase order by the Division.
Copies of additional quotes should also be supplied when requesting pre-approval. These
requests should be sent to the grant manager for the Division for review.
• Maintenance and Enhancement
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment(Need prior EHP approval)
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation (Need prior EHP approval)
C. Training
EMPG Program funds may be used for a range of emergency management-related training activities
to enhance the capabilities of local emergency management personnel through the establishment,
support, conduct, and attendance of training. Training activities should align to a current, Multi-Year
TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can
be found at http://www.fema.gov/exercise. Training should foster the development of a community
oriented approach to emergency management that emphasizes engagement at the community level,
strengthens best practices, and provides a path toward building sustainable resilience.
EMPG Program funds used for training should support the nationwide implementation of NIMS. The
NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS
courses; Sub-Recipients are encouraged to place emphasis on the core competencies as defined in
the NIMS Training Program. The NIMS Training Program can be found at
http://www.fema.qov/traininq-0.
The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing
standards. The NIMS Guidelines for Credentialing can be found at http://www.fema.gov/nims-
doctrine-supportinq-quides-tools.
Professional Development Series courses include:
• IS-120.a An Introduction to Exercises
• IS-230.d Fundamentals of Emergency Management
• IS-235.b Emergency Planning
• IS-240.b Leadership and Influence
• IS-241.b Decision Making and Problem Solving
• IS-242.b Effective Communication
• IS-244.b Developing and Managing Volunteers
To ensure the professional development of the emergency management workforce, the Sub-
Recipients must ensure a routine capabilities assessment is accomplished and a TEP is developed
and implemented.
For additional information on review and approval requirements for training courses funded with
preparedness grants please refer to the following policy: http://www.fema.gov/media-librarv-
data/1115d44e06367bb89510aafbe79c1875/FINAL GPD+Training+Three+for+Free+Policy 09+10+
13 pdf.
Additional types of training or training related activities include, but are not limited to, the following:
• Developing/enhancing systems to monitor training programs
• Conducting all hazards emergency management training
• Attending Emergency Management Institute (EMI)training or delivering EMI train-the-trainer
courses
• Attending other FEMA-approved emergency management training
• State-approved. locally-sponsored CERT training
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1 6E 5
• Mass evacuation training at local, state, and tribal levels
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 should provide the opportunity to demonstrate and validate
skills learned, as well as to identify any gaps in these skills. Any training or training gaps,
including those for children and individuals with disabilities or access and functional needs,
should be identified in the 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 (ADDIE) model for instruction design.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of attendance at FEMA and/or approved training
courses and programs are allowable. These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the state or unit(s) of local government and has
the approval of the state or FEMA, whichever is applicable. In no case is dual compensation
allowable. That is, an employee of a unit of government may not receive compensation from their
unit or agency of government AND from an award for a single period of time(e.g., 1:00 p.m. to
5:00 p.m.), even though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by
employees who are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff or
contractors/consultants may be hired to support direct training-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local
government and have the approval of the state or FEMA, whichever is applicable.
• Certification/Recertification of Instructors. Costs associated with the certification and re-
certification of instructors are allowed. States are encouraged to follow the FEMA Instructor
Quality Assurance Program to ensure a minimum level of competency and corresponding levels
of evaluation of student learning. This ;s particularly important for those courses which involve
training of trainers.
D. Exercises
All EMPG-funded personnel are REQUIRED to participate in no less than three exercises in a 12 month
period.
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. Sub-Recipients are encouraged to use free public
space/locations/facilities, whenever available, prior to the rental of space/locations/facilities.
Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to
identify any gaps in these skills. Gaps identified during an exercise including those for children
and individuals with disabilities or access and functional needs, should be identified in the AAR/IP
and addressed in the exercise cycle
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part—time staff may be
hired to support direct exercise activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the state or unit(s) of local government and have the approval of
the state or FEMA, whichever is applicable. The services of contractors/consultants may also be
procured to support the design. development, conduct and evaluation of exercises.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of time spent on the design, development and
conduct of exercises are allowable expenses. These costs are allowed only to the extent the
payment for such services is in accordance with the policies of the state or unit(s) of local
1 6E 5
government and has the approval of the state or FEMA, whichever is applicable. In no case is
dual compensation allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single period of
time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by
employees who are on travel status for official business related to the planning and conduct of the
exercise activities.
• Supplies. Supplies are items that are expended or consumed during the course of the planning
and conduct of the exercise activities (e g.. gloves, non-sterile masks, and disposable protective
equipment).
• Implementation of HSEEP. 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 space/locations for planning and conducting an exercise. rental of
equipment, and the procurement of other essential nondurable goods. Sub-Recipients are
encouraged to use free public space/locations, whenever available, prior to the rental of
space/locations. Costs associated with inclusive practices and the provision of reasonable
accommodations and modifications that facilitate full access for children and adults with
disabilities are allowable.
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
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web-based version of the
Authorized Equipment List(AEL) at httos://www.fema.gov/authorized-equipment-list. Unless
otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-adopted standards to
be eligible for purchase using these funds In addition. agencies will be responsible for obtaining and
maintaining all necessary certifications and licenses for the requested equipment.
Allowable equipment includes equipment from the following AEL categories:
• Personal Protective Equipment(PPE) (Category 1)
• Information Technology(Category 4)
• Cybersecurity Enhancement Equipment(Category 5)
• Interoperable Communications Equipment(Category 6)
• Detection Equipment(Category 7)
• Power Equipment(Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials
(Category 11)
• CBRNE Incident Response Vehicles(Category 12)
• Physical Security Enhancement Equipment(Category 14)
• CBRNE Logistical Support Equipment(Category 19)
• Other Authorized Equipment(Category 21)
In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the
responsibilities of the EMPG Program. If Sub-Recipients have questions concerning the eligibility of
equipment not specifically addressed in the AEL, they should contact their Grant Manager for
clarification.
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1 6E 5
Sub-Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially
high cost items and those subject to rapid technical advances. Large equipment purchases must be
identified and explained. For more information regarding property management standards for
equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and
200.316.
Controlled Equipment
Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature
of the equipment and the potential impact on the community, there are additional and specific
requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds
for Controlled Equipment for the complete Controlled Equipment List, information regarding the
Controlled Equipment Request Form. and a description of the specific requirements for acquiring
controlled equipment with DHS/FEMA grant funds. For additional information on controlled equipment
refer to
Executive Order(EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition
(https://www.qpo.gov/fdsys/pkg/DCPD-201500033/pdf/DCPD-201500033.pdf). and the
Recommendations Pursuant to Executive Order 13688
(https://www.whitehouse.gov/sites/default/files/docs/le equipment wq final report final.pdf).
Requirements for Small Unmanned Aircraft System
All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA grant funding must
also include the policies and procedures in place to safeguard individuals' privacy, civil rights, and
civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment,
see Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy,
Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft
Systems(https://www.whitehouse.qov/the-press-office/2015/02/15/presidential-memorandum-
promotinq-economic-competitiveness-while-safequa), issued February 20, 2015.
F. Management and Administration (M&A)
M&A activities are those defined as directly relating to the management and administration of EMPG
Program funds, such as financial management and monitoring. It should be noted that salaries of
state and local emergency managers are not typically categorized as M&A, unless the state or local
EMA chooses to assign personnel to specific M&A activities.
Indirect Costs
Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the
exception of Sub-Recipients who have never received a negotiated indirect cost rate as described in
2 C.F.R. §200.414(f), Sub-Recipients must have an approved indirect cost rate agreement with their
cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully
executed. agreement negotiated with the applicant's cognizant federal agency) is required at the time
of application, and must be provided to FEMA before indirect costs are charged to the award.
II. Construction and Renovation
Construction and renovation projects for a state, local, territorial, or Tribal government's principal
Emergency Operations Center(EOC) as defined by the SAA are allowable under the EMPG
Program
Written approval must be provided by FEMA prior to the use of any EMPG Program funds for
construction or renovation. Requests for EMPG Program funds for construction of an EOC must be
accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number
1660-0124 (htto./lwww.fema.qov/pdf/government/grant/2011/fv11 eoc inv.pdf) to their Regional
EMPG Program Manager for review Additionally, Sub-Recipients are required to submit a SF-424C
Budget and Budget detail citing the project costs.
54
1 6E 5
When applying for funds to construct communication towers Sub-Recipients must submit evidence
that the Federal Communication Commission's(FCC) Section 106 review process has been
completed and submit all documentation resulting from that review to GPD prior to submitting
materials for EHP review. Sub-Recipients are also encouraged to have completed as many steps as
possible for a successful EHP review in support of their proposal for funding (e.g., coordination with
their State Historic Preservation Office to identify potential historic preservation issues and to discuss
the potential for project effects, compliance with all state and EHP laws and requirements). Projects
for which the Sub-Recipient believes an Environmental Assessment(EA) may be needed, as defined
in 44 C.F.R. § 10.8, must also be identified to the FEMA EMPG Regional Program Manager within six
months of the award and completed EHP review materials must be submitted no later than 12 months
before the end of the period of performance. EHP review packets should be sent to
gpdehpinfo(afema.gov.
EMPG Program Sub-Recipients using funds for construction projects must comply with the Davis-
Bacon Act(40 U.S.C. §§ 3141 et seq.). Grant Sub-Recipients must ensure that their contractors or
subcontractors for construction projects pay workers no less than the prevailing wages for laborers
and mechanics employed on projects of a character similar to the contract work in the civil subdivision
of the state in which the work is to be performed. Additional information regarding compliance with the
Davis-Bacon Act, including Department of Labor(DOL)wage determinations, is available from the
following website:
http://www.dol.qov/compliance/laws/comp-dbra.htm.
Ill. Maintenance and Sustainment
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or
replacement costs, upgrades, and user fees are allowable under all active grant awards, unless
otherwise noted.
EMPG Program grant funds are intended to support the Goal and fund activities and projects that
build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of.
respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In
order to provide Sub-Recipients the ability to meet this objective, the policy set forth in GPD's IB 379
(http://www.fema.gov/qrant-programs-directorate-information-bulletins) (Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding)allows for
the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of
existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant
program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal,
and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment,
training, and critical resources that have previously been purchased with either federal grant funding
or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional
guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty
Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media-
library/assets/documents/32474.
Unallowable Costs
• Prohibited Equipment: Grant funds may not be used for the purchase of Prohibited Equipment.
Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete
Prohibited Equipment List. For additional information on Prohibited Equipment see Executive
Order(EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition
(https:ilwww gpo.govifdsys/pkq/DCPD-201500033/pdf/DCPD-201500033.pdf). and the
Recommendations Pursuant to Executive Order
13688(https.//www whitehouse.gov/sites/defaultlfiles/docs!le equipment wq final report final.pd
f).
• Expenditures for weapons systems and ammunition
55
1 6E 5
• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional
public safety duties or to supplant traditional public safety positions and responsibilities
• Activities and projects unrelated to the completion and implementation of the EMPG Program
In general, Sub-Recipients should consult with their Grant Manager prior to making any investment
that does not clearly meet the allowable expense criteria established in this Guidance.
IV. Environmental Planning and Historic Preservation (EHP) Compliance
As a federal agency. FEMA is required to consider the effects of its actions on the environment and/or
historic properties to ensure that all activities and programs funded by the agency, including grants-
funded projects, comply with federal EHP regulations. laws and Executive Orders as applicable. Sub-
Recipients proposing projects that have the potential to impact the environment, including but not
limited to construction of communication towers. modification or renovation of existing buildings,
structures and facilities, or new construction including replacement of facilities, must participate in the
FEMA EHP review process. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project along with supporting
documentation so that FEMA may determine whether the proposed project has the potential to impact
environmental resources and/or historic properties. In some cases, FEMA also is required to consult
with other regulatory agencies and the public in order to complete the review process. The EHP
review process must be completed and approved before funds are released to carry out the proposed
project. FEMA will not fund projects that are initiated without the required EHP review.
Additionally, all Sub-Recipients are required to comply with FEMA EHP Policy Guidance. This EHP
Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation
Policy Guidance(http:/iwww.fema.gov/media-library-data11421336453304-
d48abd61f8b2a35d2bad325ae49ae531IFP1080231 Environmental Planning Historic Preservation
Policy.pdf) , and FP 108 24.4, Environmental Planning and Historical Preservation Policy
(http://www.fema.qov/media-li brary-data/1388411752234-
6ddb79121951 a68e9ba036d2569aa488/18Dec13-NoNEPAReview.pdf)
EHP Technical Assistance, including the EHP Screening Form, can be found at
(http:/Iwww.fema.qov/media-library-data/20130726-1806-25045-
2839/qpd ehp screening form omb 1660 0115 lune 2011.pdf)
V. Other Conditions
Vehicles
• Written approval from the Director of the Division must be obtained prior to the purchase of any
motor vehicle with funds provided under this Agreement. In the absence of such approval, the
Division has no obligation to honor such reimbursement request. Any trade-in or resale funds
received relating to any vehicle purchased under this subgrant is program income and must be
applied tcward the Sub-Recipient's EMPG Base Grant expenditures.
Food and beverages
• Food and beverages may be purchased for Emergency Management personnel and other
personnel only if the Sub-Recipient's Emergency Operation Center or field command office is in
an activated status and personnel receiving food/beverage are on duty at either of these
locations Purchases may be made only under(1)An Executive Order issued by the Governor.
(2) a State of Emergency appropriately declared by local officials in response to an emergency
event or threat or(3) the Division may consider additional request. The request would need prior
approval from Department of Financial Services and the Division. For more information, ask your
grant manager.
56
DIVISION OF EMERGENCY MANAGEMENT 1 6E 5
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-BASE GRANT
COLLIER COUNTY
Proposed Match Plan EMPG
Form 3
FY 2017-2018
This form is due with the signed agreement and will be used to compare with the match portion of your close out report. If
Federal funds provided under this Agreement shall be matched by the Sub-Recipient dollar for dollar from non-federal funds.
Funding Source Describe how the County plans to meet the match Amount
2017-2018 EMPG Obligation $105,778.00
EMPA $105,778.00
Local(General Revenue)
Local(Other Local)
Other Non-Federal
Total $105,778.00
The total should be equal to or greater than your EMPG obligation.
I hereby certify that the above funds reflect the ay the county anticipates meeting match requirements in
Sig ed i---- /w� �-----
Sub-Reci 'ent Contract Manager or Financial Officer
-17---,,Name&Title , 3�it,.. �. �. e '.-S ( -/I c.( Z.\ ,.6i,,e (..6,-A_
Date (i7Z07
16E5
Q��yA
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT BRYAN W.KOON
Governor
Director
October 17, 2017
Dan E. Summers
Collier County RECEIVED
8075 Lely Cultural Pkwy. Ste. 443
Naples, FL. 34113 OCT 2 0 2017
Certified Mail-Return Receipt Requested EMERGENCY MANAGEMENT
RE: Agreement Number EMPA FY17 18-BG-W9-09-21-01-189
Dear Mr. Summers:
Enclosed is the fully executed agreement between Collier County and the Florida
Division of Emergency Management, executed on October 12, 2017. Under Section (2) (c),
Contact, of this agreement you have been identified as the recipient's representative
responsible for the administration of this agreement. It is your responsibility to thoroughly
read, understand and oversee the compliance of all the conditions within this agreement.
Attached is the complete package of forms identified in Section (11) (a) through (g). It is
very important that these reports be fully completed and remitted within the time frames
specified under Section (11). Failure to supply this information in a timely manner can
cause non-compliance of this agreement or a delay in processing your reimbursement
requests.
If you have any questions about this agreement, please contact Teresa Warner at
850-815-4351 or email teresa.warner@em.myflorida.com.
Linda McWhorter
Preparedness Bureau Chief
LM/taw
Enclosures
DIVISION HEADQUARTERS Tel: 850.413-9969 • Fax'. 850-488-1016 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard w-„rwFloridaDisasterora 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
16E5
Contract Number: 18-BG-1409-21-01-(
• 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:
• The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
• The Division has the authority to grant these funds to the Recipient upon the terms and conditions
below; and,
• 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 27P-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)(o),
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
•
�C
16 E5
(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
payment.
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: _
X75 Lel eu.(iu-a1 Pkwy
Su;tc 4=43
16E5
Naples FL 34113
Telephone: 7,ict � - �
Fax ,a39-257)-3'7UU
CtiAl
Email C nSurriWra(v cvther- st,i-lef/ Pco tttirlevAe+
D In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
3. TERMS AND CONDITIONS
Th.s Agreement contains all the terms and conditions agreed upon by the parties.
4. EXECUTION
Tti's 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-19 010(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
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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
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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.comflibrary-
archives/records-mananementloeneral-records-schedules/.
C. Florida's Government in the Sunshine Law(Section 285.011, 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.
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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)(a), 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
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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 t'7 i.5)(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 under chapter 473." The independent auditor shall
state that the audit complied with the applicable provisions noted above. The audit must be received by
the Division no later than nine months from the end of the Recipient's fiscal year.
G. If an audit shows that all or any potion 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 5750;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 S750,000 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)
I. 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 followup 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
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Tallahassee, Florida 32399-2100
OR
DEMSingle Audite.em.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 32399-1450
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.
G. The Recipient shall provide additional reports and information identified in
Attachment E
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12. MONITORING
A. Rule 27P-19.010(9), 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, and/or 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 76B 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.
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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 Recipient's 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;
(2) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(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;
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(b) Issue a written warning to advise that more serious n asures 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,
(e) Exercise any other rights or remedies which may be available under
law.
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...'
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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.
(2) Refuse to reimburse the Recipient for any costs associated with that
solicitation.
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
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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,
(2) Refuse to reimburse the Recipient for any costs associated with that
subcontract.
F. The Recipient agrees to include in any subcontract the following:
(1) The subcontractor is bound by the terms of this Agreement:
(2) The subcontractor is bound by all applicable state and federal laws and
regulations; 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:
(1) Place unreasonable requirements on firms in order for them to qualify to do
business;
(2) Require unnecessary experience or excessive bonding;
(3) Use noncompetitive pricing practices between firms or between affiliated
companies;
(4) Execute noncompetitive contracts to consultants that are on retainer
contracts;
(5) Authorize, condone, or ignore organizational conflicts of interest;
(6) Specify only a brand name product without allowing vendors to offer an
equivalent;
(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;
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(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
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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:
lciitek- NutTty 8Ce.
32clq Toyninn1+ Tlrai I Ecdt
5ui+e 700
Naples a 11-0 t0.
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
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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 seq.), 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
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(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 I)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
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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.
B. 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.B, 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.
18
...,_., _. „,,t,...„...,,,_
16E5
IN WITNESS WHEREOF,the parties hereto have executed this Agreement
COLLIE- ' •LINTY
e
By: iF
'if /
Name and Title Penny Taylor, Chairman
Date: -44144 4317—LA 1„1
FID# 59-6000558
DUNS# 076997790
Include a copy of the designation of authority for the signatory, if applicable.
ATTEST: Dwight E. Brock;-Clerk Approved as to Form and Legality
,
By: .... . ..a' I I .,
Deputy Ct • ; Assi ant County A ey 'N,)-)Aft st as to nnan s of �
signature only. %\
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
/ 4G
By. /a14/ #1
Name and Ti ichael Kennett.Deputy Director(by authority from the Director)
4Date: I Z 47,07 r
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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.
Grant Recipient Agency Category Amount
Allocated
0
Planning Expenditures
FY 2017-2018 $79,350
Emergency COLLIER COUNTY Operational Expenditures
Management $3,000
Preparedness and Exercise Expenditures
Assistance Grant $3,000
Training Expenditures
$20,456
Equipment Expenditures
Total Award $105,806.00
• 20
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FY 2017 BUDGET DETAIL WORKSHEET-ELIGIBLE ACTIVITIES .
Not limited to activities below
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
duties)
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs
Allowable Operational Costs Quantity Unit Cost Total Cost
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 i 1 14,000 14,000
Supplies 1 20,850 20,850
Software and Upgrades 1 6,000 6,000
Computers printers,copiers and fax machines 1 2,500 2,500
Radios 1 1,800 1,800
Satellite telephones 1 7,400 7,400
-- i
Storage and shelving for storage
Other emergency response communication 1 2,500 2,500
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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 i 1,500 1,500
TOTAL OPERATIONAL EXPENDITURES $79,350
Allowable Exercise Costs Quantity Unit Cost Total Cost
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 ContractorslConsultants-(Full or
part-time staff may be hired to support exercise-related
activities. Payment of salaries and fringe benefits must be in !I
accordance with the policies of the state or local unit(s)of
government and have the approval of the state or the
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 I
I accordance with state law. States must also follow state
regulations regarding travel. If a state or territory does riot
have a travel policy they must follow federal guidelines and
rates.
Supplies-Supplies are items that are expended or consumed 1 1,000 I 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)
TOTAL.EXERCISE EXPENDITURES $3,000
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1,1
:-'�°� k.,.rog ..M_ .t.,tt ' .S r, �. ,."70
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 1,000 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
disposable protective equipment)
Instructor certification/re-certification 1
Coordination with Citizen Corps Councils in conducting
training.
TOTAL TRAINING EXPENDITURES $3,000
Eligible Equipment Acquisition Costs Quantity Unit Cost Total Cost
Personal protective equipment
Information technology
Cybersecurity enhancement equipment
Interoperable communications equipment
06CP-01-MOBL Mobile Radios 4 2,500 110,000
06CP-01-PORT Portable Radios 14 2614 110,456
Detection Equipment
Power equipment
CBRNE Reference Materials
CBRNE Incident Response Vehicles
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i ,
Physical Security Enhancement Equipment
I CBRNE Logistical Support Equipment
I Other authorized equipment costs
TOTAL EQUIPMENT EXPENDITURES $20,456
f --._ TOTAL EXPENDITURES
i $105,806
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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 AEL, 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.
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Allowable equipment includes equipment from the following ." EL categories
• Personal Protective Equipment(PPE) (Category 1)
• Information Technology(Category 4)
• Cybersecurity Enhancement Equipment(Category 5)
• Interoperable Communications Equipment(Category.d)
• Detection Equipment(Category 7)
• Power Equipment(Category 10)
• Chemical, Biological, Radiological. Nuclear,and Explosive(CBRNE) Reference Materials
(Category 11)
• CBRNE Incident Response Vehicles(Category 12)
• Physical Security Enhancement Equipment(Category 14)
• CBRNE Logistical Support Equipment(Category 19)
• Other Authorized Equipment(Category 21)
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 to rapid technical advances.
For more information regarding property management standards for equipment, please reference 2
C.F.R Part 200, including 2 CFR, §§200.310,200.313, and 2.00.316.
If the recipient seeks reimbursement for equipment activities,then the following shall be submitted:
• All invoices;
• The AEL#for each purchase;
• Proof of payment(e.g. canceled check, electronic funds transfer. credit card statement and
payment to credit card company for that statement); 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 to all hazards faced by that organization. A successful MYTEP:
• 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 most benefit in the
development, refinement and maintenance of those capabilities.
Provided the cost qualifies as reasonable and necessary for the successful completion of a task 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 Recipient's Division-approved MYTEP, 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
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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.cov/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
(ADDIE) model for instruction design.
• Overtime and Backfill.The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of attendance at 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.
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• Travel.Travel costs(e.g., airfare, mileage, per diem,and hotel)are allowable as expenses by
employees who are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff or
contractors/consultants may be hired to support direct training-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of the state or unit(s)of local
government and have the approval of the state.
• Certification/Recertification of Instructors. Costs associated with the certification and re-
certification of instructors are allowed. States are encouraged to follow the FEMA Instructor
Quality Assurance Program to ensure a minimum level of competency and corresponding levels
of evaluation of student learning. This is particularly important for those courses 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
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of government AND from an award for a single period of time(e.g., 1:00 p.m. to 5:00 p.m.), even
though such work may benefit both activities.
• Travel.Travel costs(e.g., airfare, mileage, per diem, hotel)are allowable as expenses by
employees who are on travel status for official business related to the planning and conduct of the
exercise activities.
• Supplies. Supplies are items that are expended or consumed during the course of the planning
and conduct of the exercise activities(e.g.,gloves, non-sterile masks, and disposable protective
equipment).
• Implementation of HSEEP.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 space/locations for planning and conducting an exercise, rental of
equipment, and the procurement of other essential nondurable goods. Recipients are encouraged
to use free public space/locations, whenever available, prior to the rental of space/locations.
Costs associated with inclusive practices and the provision of reasonable accommodations and
modifications that facilitate full access for children and adults with disabilities are allowable.
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: https://portal.floridadisaster.orq 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:
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[T)he 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("CIEM"),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 691-42.004,
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.
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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,
• S19 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 ata single occupancy rate
Per diem shall be calculated using four six-hour periods(quarters) beginning at midnight for Class A or
when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A
travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a
per diem basis is allowed$20.00 for each quarter from the time of departure until the time of return.
Reimbursement for Meal Allowances That Exceed the State Rates:
The Division shall not reimburse for any meal allowance that exceeds$6 for breakfast, $11 for lunch, or
$19 for dinner unless:
• For counties—the requirements of section 112.061(14), Florida Statutes, are satisfied;
• The costs do not exceed charges normally allowed by the Recipient in its regular operations as
the result of the Recipient's written travel policy (in other words,the reimbursement rates apply
uniformly to all travel by the Recipient): and.
• The costs do not exceed the reimbursement rates established by the United States General
Services Administration("GSA")for that locale(see httos://www.gsa.govlportal/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.
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•
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 contractors/consultants 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);
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• 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 27P-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 andior exercises related to emergency management
• Other Personal/Contractual Services
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c 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.
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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
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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
("AEU)for the Emergency Management Performance Grants(EMPG);
o Fuel and maintenance for dedicated emergency management equipment;
o Office supplies for a County Emergency Management Agency; and,
c: 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."
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TASKS&DELIVERABLES:
Task One: All-Hazards County Emergency 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;
Recovery:
o 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
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completion certificates for any FEMA course CG", "IS", or other FEMA course)and any Division
course("FL"or other Division course)that pertains to the following areas:
c Preparedness;
o Response;
o Recovery;
e Mitigation; and,
co 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: https:!/portal.floridadisaster.org. 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.
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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.
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Task Three-Local Budget Match i _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 Deliverables:
In order to demonstrate successful completion of Task 3,the Recipient shall submit to the Division the
following.
• For quarter 1,.the 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
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level of funding, Reque for reduction shall also be accompanied by financial data for
the previous three years : ,dicating: the level of county funding for the County Emergency
Management Agency b_ get, budget detail regarding all individual items of the County
Emergency Manageme• 'Agency budget; and the proposed level of funding, for all
budget items, if the redo.:;tion is authorized by the Division. All requests for match
reduction shall be subm ! Ed no later than forty-five(45)days after the county budget has
been approved by the g:r:erning body of the jurisdiction, or the opportunity to request
shall be waived.
In lieu of submitting physical cops 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 ttps://portal.floridadisaster.orq 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
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Task Four—Current Issue in Emergency Management(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.
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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.
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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.
Re•ortin• Period Report due to FDEM no later than
January 1 through March 31 April 30
Aril 1 throu•h June 30 July 31
Jul 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:
Contractual Point of Contact Programmatic Point of Contact
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Grant Manager: Shelly Powell Program I'00 . Karen Lyons
FDEM FDEM
2555 Shumard Oak Blvd 2555 Shvmard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahase, FL 32399-2100
(850)815-4356 (850)815 4325
Shelly.powell@em.myflorida.com Karen.l;:ons@em.myflorida.com
• The Division shall determine eligibility of projects and approve changes in Scope of Work.
• The Division shall administer the financial processes.
•
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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://portal.floridadisaster.orq.
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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.orq. 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.
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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 4th Quarter at: https://portal.floridadisaster.ora. 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".
B. 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)
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1 6 E5
ATTACHMENT H
LOGISTICS
Logistics-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
httos://nortal.floridadisaster.orq.The strategy/plan shall include, but is not limited to the following:
A. 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, MOU'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).
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16E5
ATTACHMENT I
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
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16E5
ATTACHMENT J
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you arc requesting an advance,indicate same by checking the box below.
[ JADVANCEREQUESTED
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 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 he
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)
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