Agenda 06/12/2012 Item #16F36/12/2012 Item 16., .�.
EXECUTIVE SUMMARY"
Recommendation to approve and authorize the Chairman to sign an Agreement between Collier
County and the Florida Division of Emergency Management accepting a Grant award for $105,806
for Emergency Management Program Enhancement and approve the associated budget
amendment.
OBJECTIVE: That the Board of County Commissioners accept and approve Agreement #13- BG- 06 -09-
21-01 -011 between the State of Florida, Division of Emergency Management and Collier County for
funds that will enhance emergency program activities within Collier County for Fiscal Year 2012 -2013.
CONSIDERATIONS: The Emergency Management Preparedness Assistance Grant has been given by
the Florida Department of Community Affairs (Department) to each county for the past eighteen years
and does not require an application. These funds are available as a result of a surcharge of $2.00 for each
residential insurance policy and $4.00 for each business insurance policy issued in Florida. The Florida
Legislature adopted Rule 9G -19, Florida Administrative Code in January 1994. This Rule enables
counties with full -time emergency management directors to receive monies to enhance existing programs
by purchasing additional equipment, services, or hiring additional personnel. For Fiscal Year 2013, the
Department of Community Affairs has agreed to provide the sum of $105,806 to Collier County for
general operating expenses including the purchase of shelter supplies, office supplies, conduction of
disaster exercises, data processing equipment, and to fund day to day operations. As in past years, monies
from this fund cannot be used to supplant existing emergency management funding nor be used to match
funds from another program under this Trust Fund. This grant is for a period of one year (7/1/12-
6/30/13).
FISCAL IMPACT: A budget amendment is required to recognize revenue in the amount of $105,806 to
the County Manager Grants Fund (713) Project 33212. No general funds are being used.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires
majority vote, and is legally sufficient for Board action. — CMG
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman
to sign the Agreement #13- BG- 06- 09 -21 -01 -011 accepting a Grant award totaling $105,806 from the
Florida Division of Emergency Management for emergency management program enhancement and
approve the associated budget amendment.
Prepared By: Christine Boni, Sr. Administrative Assistant, Dept. of Emergency Management
Packet Page -1951-
COLLIER COUNT'
Board of County Commissioners
Item Number: 16.F.3.
6/12/2012 Item 16.=.
Item Summary: Recommendation to approve and authorize the Chairman to sign an
Agreement between Collier County and the Florida Division of Emergency Management
accepting a Grant award for $105,806 for Emergency Management Program Enhancement and
approve the associated budget amendment.
Meeting Date: 6/12/2012
Prepared By
Name: BoniChristine
Title: Administrative Assistant, Senior,
5/23/2012 10:40:40 AM
Submitted by
Title: Administrative Assistant, Senior,
Name: BoniChristine
5/23/2012 10:40:42 AM
Approved By
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 5/23/2012 11:17:41 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 5/23/2012 11:34:03 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 5/24/2012 3:11:26 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/25/2012 8:49:28 AM
Packet Page -1952-
6/12/2012 Item 1E.,
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 5/25/2012 10:11:44 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 5/25/2012 3:30:23 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 6/4/2012 8:34:05 AM
Name: OchsLeo
Title: County Manager
Date: 6/4/2012 10:22:16 PM
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6/12/2012 Item
Contract Number: 13- BG-06- 09- 21 -01 -011
STATE- FUNDED SUBGRANT AGREEMENT
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:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant
these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Program Budget and Scope of Work,
Attachment A and B of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment E.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on July 1, 2012 and shall end June 30, 2013, unless terminated earlier
in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
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.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
OMB Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State, Local and Indian Tribal
Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122,
"Cost Principles for Non - profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall
ensure that audit working papers are available to them upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Division. The five year period may be extended for the
following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and extends
beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the
records have been resolved.
2. Records for the disposition of non - expendable personal property valued at $5,000 or
more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
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o /i
6/12/2012 Item 16.F. -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
4. Any reports, management letter, or other information required to be submitted to the
Division of Emergency Management pursuant to this Agreement shall be submitted on time as required under OMB
Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Division of Emergency
Management for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package.
(f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the
Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within
thirty days after the Division has noted the Recipient of such non - compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by
an independent certified public accountant (IPA) who shall either be a certified public accountant or a public
accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable
provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of
the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly financial 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.
(b) Quarterly financial 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 September 30, December 31, March 31 and June 30.
(c) The close -out report is due 45 days after termination of this Agreement or 45 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, the Division may withhold further payments until they are completed or may take other
action as stated in Paragraphs (10), (11) and (12) of this Agreement, and Rule 27P- 19.014, Florida Administrative
Code. "Acceptable to the Division" means that the work product was completed in accordance with the Program
Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required by
the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING.
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 B to this Agreement, and reported in the quarterly financial report.
In addition to reviews of audits conducted in accordance with paragraph (6) 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
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5/12/2012 Item 1E.'=
the performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
(9) 'LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., 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, Fla. Stat.,
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, Fla. Stat. 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.
(10) DEFAULT. _
If any of the following events occur ( "Events of Default "), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise
any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to
make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division
and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(b) If 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.
(c) If any reports required by this Agreement have not been submitted to the Division or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, 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:
(a) 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 (13) 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 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 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 Recipient to suspend, discontinue or refrain from incurring costs for any
activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred for any
items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) 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
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6/12/2012 Item 16.
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other
default by the Recipient
(12) 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, Fla. Stat, 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.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Jenne Helms
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: 850 -413 -9920
Fax: 850-488 -7842
Email: jenene.helms@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers
8075 Lely Cultural Pkwy, Suite 445
Naples, FL 34113
Telephone:239- 252 -3600
Fax:239- 252 -3700
Email:dansummers@colliergov. net —also copy- chdsbneboni @colliergov.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 as
outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The
Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall
hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
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e `i 2/2G I L Ater n 1
performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall
document in the quarterly financial report the subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) 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:
Exhibit 1 - Funding Sources
Attachment A —Program Budget
Attachment B — Scope of Work
Attachment C — Program Conditions
Attachment D — Reports
Attachment E — Program Statutes, Regulations and Program Requirements
Attachment F — Justification of Advance Payment
Attachment G — Warranties and Representations
Attachment H — Certification Regarding Debarment
Attachment I — Statement of Assurances
Attachment J — Reporting Forms
(17) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed $105,806, subject to the availability
of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is
contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement.
The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first
three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to
federal OMB Circulars A -87, A -110, A -122 and the Cash Management Improvement Act of 1990. 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 F. Attachment
F 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.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
The Recipient agrees to expend funds in accordance with the Program Budget and Scope of Work, Attachment A
and B of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting documentation
for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an
authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of
the Division agreement and payment is due and has not been previously requested for these amounts." The
supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost
Principles. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the
Division contract manager as part of the Recipient's quarterly financial reporting as referenced in Paragraph 7 of
this Agreement. .
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 (19)(h) 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.
C.1
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6/12/2012 Item 15..
Changes to the amount of funding pursuant to Paragraph (17)(a) above may be accomplished by notice
from the Division to the Recipient. The Division may make an award of additional funds by subsequent
modification.
All funds received hereunder shall be placed in an interest - bearing account with a separate account code
identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the
Division that are not expended in implementing this program shall be returned to the Division, along with any
interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award
Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing goods and
services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall
utilize competitive procurement practices.
Any requests received after July 31, 2013, at the discretion of the Division, may not be reimbursed from
this Agreement.
At a minimum, the Recipient shall continue to provide other funding for the Recipient's
Emergency Management Agency at an amount equal to either: (1) the average of the previous three years'
level of county general revenue funding of the Recipients Emergency Management Agency; or (2) the level
of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is
lower (Rule 2712- 19.011, Florida Administrative Code). Recipient's general revenue funding for 911
services, emergency medical services, law enforcement, criminal justice, public works or other services
outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not
be included in determining the "level of county funding of the Recipient's Emergency Management
Agency." The Recipient shall certify compliance with Rule Chapter 2712 -19, Florida Administrative by its
execution of this Agreement, and as a condition precedent to receipt of funding.
All payments relating to the Agreement shall be mailed to the following address:
Collier County Board of County Commissioners
3299 Tamiami Trail East
Suite #700
Naples, Florida 34112
(18) REPAYMENTS
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
In accordance with Section 215.34(2), Fla. Stat., 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.
(19) 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 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.
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6/12/2012 Item
(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) This Agreement may be executed in any number of counterparts, any one of which may be taken
as an original
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42
U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and local government services, and telecommunications.
(f) 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.
(g) 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 19(g)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.
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.
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 H) 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.
(h) 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 Chapter 216, Fla. Stat.
or the Florida Constitution.
(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.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. The
provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but
only to the extent of the conflict.
(k) 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, Fla.
Stat., which the Recipient created or received under this Agreement.
(1) 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.
(m) 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.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.
with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
Packet Page -1961-
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the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(o) 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.
(p) The Agreement may be charged only with allowable costs resulting from obligations incurred
during the term of the Agreement.
(q) Any balances of unobligated cash that have been advanced or paid that are not authorized to
be retained for direct program r costs in a subsequent period must be refunded to the State.
(20) LOBBYING PROHIBITION
(a) 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.
(b) The 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
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 connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure of
Lobbying Activities."
3. The 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 subrecipients shall certify and disclose.
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.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF
THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS
ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) 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.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Division -fora 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.
(c) 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 (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
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6/12/20 12 Item 16.F.;,.
(22) 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.
(23) ASSURANCES.
The recipient shall comply with any Statement of Assurances incorporated as
Attachment I.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Fred W. Coyle, Chairman
Date: 6/12/12
FEID# 59- 60000556
ATTEST: Dwight E. Brock, Clerk roved as to Form and Legal Sufficiency
By: Ct�"
Deputy Clerk olleen Greene, Assistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Bryan Koon. Director, Florida Division of Emergency Management
Date:
iiLl
6/12/2012 Item 16. .3.
EXHIBIT — 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
SUBJECT TO SECTION 215.97 FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State proiect, provide the same
information shown below for each State proiect and show total state financial assistance awarded that is subject to
Section 215.97, Florida Statutes.
State Project -
State awarding agency: Division of Emergency Management
Catalog of State Financial Assistance title: Emergency Management Programs
Catalog of State Financial Assistance number. 31.063
$105,806
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 2713-19, Florida Administrative Code.
Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county
emergency management plans and programs.
Eligible recipients for these funds are the 67 Florida counties.
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
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Attachment A
Program Budget
Below is a general budget which outlines eligible categories and their allocation.
a The transfer of funds between the categories listed in the Program Budget is permitted.
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Attachment B
Scope of Work
Intent of Agreement: The intent of the EMPA Base Grant Agreement is to provide each county with the means to
successfully manage and operate an Emergency Management Program. Counties must be able to prepare for,
respond to, recover from, and mitigate against natural and man -made disasters/ emergencies.
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to
enhance county emergency management plans and programs that are consistent with the State Comprehensive
Emergency Management Plan and Program (reference Rule Chapter 27P -6, Florida Administrative Code and
Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of
preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards,
and serves a unique population.
By signing this Agreement the Recipient certifies that it will use the award to enhance its Emergency Management
Program.
I. Categories and Eligible Activities
Emergency Management Preparedness and Assistance Grant
FY2012 -2013 allowable costs are divided into the following categories: salary and benefits, other personal
contractual services, expenses, operating capital outlay and fixed capital outlay are allowable.
A. Salaries and Benefits
Salaries and Benefits are eligible for reimbursement under the EMPA Agreement. The Staffing Detail
Worksheet must list the position for which reimbursement is requested. Eligible categories for reimbursement
include, but are not limited to:
• Regular Salary
• Overtime
• FICA
• SS /Medicare
• Retirement
• Life /Health Insurance
• Leave Payout
• Accumulated sick /vacation time paid out within the Agreement period (this must be claimed during
the Agreement period in which the payout occurred (regardless of which Agreements were in place
at the time of accumulation)
B. Other Personal /Contractual Services
This category allows for reimbursement for services by a person(s) who is not a regular or full time employee
filling established positions. This includes but is not limited to, temporary employees, student or graduate
assistants, fellowships, part time academic employment, board members, consultants, and other services.
Consultant Services require a pre - approved Contract or purchase order by the Division. Copies of additional
quotes should also be supplied when requesting pre - approval. These requests should be sent to the Contract
Manager for the Division for review either via e-mail or U.S. Mail. The Division will respond within five (5)
business days to requests for pre - approval unless additional information is needed from the county. If
requested, the response date will begin when the additional information is received. If no response is received
by the close of business on the 51h business day, the contract or purchase order will be approved by default.
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6/12/2012 Item I E_.
Once approved, a copy of the Agreement must be sent to the Contract Manager within ten (10) days of
execution.
C. Expenses
Expenses are defined as usual, ordinary, and incidental expenditures by an agency, including but not limited to,
commodities and supplies of a consumable nature, current obligations and fixed charges. Expenditures
defined as Operating or Fixed Capital Outlay should not be included in this category. Backup Documentation
should reflect the amount requested on the Expenses Detail of Claims form.
Eligible items in the Expenses category 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
• General Office Supplies
• Travel to /from meetings and conferences related to emergency management
• Travel to training and /or exercises related to emergency management
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment (that does not qualify as OCO or FCO)
• 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)
Maintenance and Service Contracts or Purchase Orders Maintenance and Service Contracts and Purchase
order timeframes are at the discretion of the county. However, reimbursement can only be claimed for services
within the Agreement period. These Agreements cannot be rolled over from year to year. The procurement
process must be repeated each year to ensure competitive solicitation.
D. Operating Capital Outlay
Operating Capital Outlay (OCO) is defined as equipment, fixtures and other tangible personal property of a
non - consumable nature that has a normal expected life of one year or more.
Eligible items include, but are not limited to:
• Computers, printers, copiers and fax machines
• Radios, satellite telephones and other communications equipment
• Furniture for Emergency Management Offices and Emergency Operation Centers
• Shelving for storage of Emergency Management equipment
• Vehicles for the Emergency Management Program (see note regarding vehicle purchases below)
E. Fixed Capital Outlay
Fixed Capital Outlay (FCO) is defined as real property (land, buildings including appurtenances, fixtures and
fixed equipment, structures, etc.) including additions, replacements, major repairs and renovations to real
property which materially extend its useful life or materially improve or change its functional use, and including
operating capital outlay necessary to furnish and operate a new.or improved facility.
14
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6(1212012 Item .
Eligible items include, but are not limited to:
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation
II. Eligibility Requirements:
Rule 27P- 19.004, Florida Administrative Code (F,A.C.) requires Counties to certify their commitment to employ
and maintain either a Full -time Director or Part-time Coordinator.
Counties must also maintain a County Emergency Management budget that is equal to the amount of the
previous year or the average of the previous three years' level of funding. If the county budget is reduced for
any reason, a waiver must be requested no later than forty -five (45) days prior to the beginning of the county
fiscal year. Rule 27P- 19.011, F.A.C. further defines these requirements.
II. Monitoring:
The monitoring process is designed to assess a recipient agency's compliance with applicable state and federal
guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There are
two primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial
monitoring is the review of records associated with the purchase and disposition of property, projects and
contracts. Programmatic monitoring is the observation of equipment purchased, protocols and other
associated records. Various levels of financial and programmatic review may be accomplished during this
process.
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 recipient agencies by a
Division representative who examines records, procedures and equipment.
Frequency of annual monitoring activity:
Each year the Division will conduct monitoring for up to 25% of current year agreements.
Areas that will be examined include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub -hand receipt procedures;
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency NIMS /ICS compliance documentation;
Procurement Policy
The Division may request additional monitoring /information if the activity, or lack thereof, generates questions
from the region, the sponsoring agency or Division t6adership. The method of gathering this information will be
determined on a case -by -case basis.
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Desk monitoring is an on -going process. Recipients will be required to participate in desk top monitoring on an
annual basis and as determined by the Division. This contact will provide an opportunity to identify the need for
technical assistance (TA) and /or a site visit if the Division determines that a recipient is having difficulty
completing their project.
As difficulties /deficiencies are identified, the respective region or sponsoring agency will be noted by the
program office via email. Information will include the grant recipient agency name, year and project description
and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or
sponsoring agency level. Issues that require further TA will be referred to the Division for assistance.
Examples of TA include but are not limited to:
• Equipment selection or available vendors
• Eligibility of items or services
• Coordination and partnership with other agencies within or outside the region or discipline
• Record Keeping
• Reporting Requirements
• Documentation in support of a Request for Reimbursement
On -Site Monitoring will be conducted by the Division or designated personnel. On -site Monitoring visits will be
scheduled in advance with the recipient agency POC designated in the grant agreement.
III. Contractual Responsibilities
• 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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6/12/2012 Item
Attachment C
Program Conditions
Items listed below are to be reviewed during the mid -year and end -of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance.
1. 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. See Data Download and
Upload details in # 6 below.
A) Provide an agenda or a copy of the certificate to show participation in the following during this contract
period (July 1, 2012 - June 30, 2013):
• Quarterly Regional Coordination Meetings — submittal of agenda is NOT required
• Current Issues in Emergency.Management (CIEM) — submittal of certification is NOT required
• Florida Governor's Hurricane Conference or National Hurricane Conference
• Florida Emergency Preparedness Association Annual Meeting
• Florida Emergency Preparedness Association Mid Year Work Session
• Local Mitigation Strategy (LMS) Workshops
• Professional Development Conferences & Training
B) Update and submit changes to the County Contact Form, to include County Officials annually or as
changes occur.
C) Hold at least one (1) Emergency Operations Center (EOC) concept of operations meeting to include
Emergency Support Function (ESF) and community partners prior to the start of hurricane season.
D) Hold at least one (1) Recovery Strategy meeting to include the appropriate ESF, Non Government Partners
(NGO) and community partners prior to the start of hurricane season.
2. TRAINING AND EXERCISE - To ensure that each county emergency management agency maintains a
comprehensive, all hazards training and exercise program to evaluate and test all aspects of the local
emergency management system including activation of the county EOC, during this contract period (July 1,
2012 — June 30, 2013), the county shall:
A) Participate in the annual Statewide Hurricane Exercise and submit the following within 90 days. See Data
Download and upload.details in # 6 below.
• One (1) Incident Action Plan (IAP) OR one (1) Situation Report (SITREP) with a roster of participants;
and
• Participate in at least one (1) conference call.
B) Submit an After Action Report (AAR) and Corrective Action Plan (CAP) within 90 days for all exercises not
conducted by the State. See Data Download and Upload details in # 6 below.
3. GEOGRAPHICAL INFORMATION - Emergency services data shall be developed, maintained, and updated in
cooperation between counties and the Division. A data export will be created for each county and uploaded to
the Division's Sharepoint portal. See Data Download and Upload details in # 6 below. Updates and corrections
shall be provided to the Division's GeoSpatial Information Systems (GIS) section on or before April 16, 2013.
This shall include:
A) Location and attribute information of all fire rescue, law enforcement, public safety and emergency service
stations shall be reviewed and updated as needed.
B) Location and attribute information of other critical facilities as deemed necessary by the county Emergency
Manager.
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6/12/2012 !teal 16. =.I.
Attribute information for spatial data requested shall include: facility name, facility type, physical address, and
USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is needed).
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 in last submission, no update is necessary, but please provide feedback
through the Sharepoint portal to indicate the data has been reviewed and no changes are required.
• Critical facility inventory spreadsheets provided will contain more facility types than are required to be
reviewed and are provided as information to the counties.
4. LOGISTICS - The County shall maintain a comprehensive resource management program that involves pre -
disaster, systematic identification of resource requirements, shortfalls and inventories. Also, the county shall
identify local resources to meet emergency needs, and develop local contracts for goods and services. The
following shall be uploaded to the Division's Sharepoint portal no later than June 1, 2013. See Data Download
and Upload details in # 6.
A) An updated county logistics strategy /plan that is consistent with guidance found in the County Logistics and
Points of Distribution (POD) Standard Operating Guide (SOG) (CEMP 2355). The strategy /plan shall also
include, but is not limited to the following:
• County Government Emergency Fuel Strategy
• Utilization of private business and industry in meeting emergency resource needs
• List of local vendors, any Memorandum of Agreements and contracts that will provide resources in an
emergency; and
B) Location, survey forms and attributes information for county logistical staging areas; and
C) Location and attribute information'for Points of Distribution (POD) sites and Comfort Stations; and
D) Locations for Emergency Worker Base Camps.
5. SHELTER SURVEY AND RETROFIT PROGRAM — In accordance with Florida's statewide hurricane shelter
space deficit elimination program, the following shall be uploaded to the Division's Sharepoint portal. See Data
Download and Upload details in # 6. All information shall be verified by the county.
A) Identify potential hurricane shelter retrofit projects or report that there are no new identified projects. (This
information is used to compile the Shelter Retrofit Report.)
B) Report all hurricane shelter retrofit projects that are undertaken, regardless of funding source(s) or report
that there are no projects.
C) Develop and submit a strategy to ensure that by June 1, 2013, all designated Special Needs Shelters
(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. For those
designated SpNS facilities without a permanently equipped standby electric generating capacity, a locally
sourced and acquired temporary electric generator with adequate capacity to support the standby power
system requirements shall be provided.
D) Develop and submit a strategy to ensure that by June 1, 2013, there is adequate designated SpNS client
space capacity to meet the anticipated five -year demands as determined by the 2012 Statewide
Emergency Shelter Plan (January 31, 2012). All designated SpNS facilities must at a minimum meet the
hurricane safety criteria established in the American Red Cross Standards for Hurricane Evacuation
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71 1
Shelter Selection (ARC 4496) and be equipped with an adequate standby electric power system or
capability as described in item S.C. above.
E) Update and submit a hurricane shelter deficit reduction progress reports, which include "as -is ", retrofit and
Enhanced Hurricane Protection Areas (EHPA) construction. (This information is used to compile the
Shelter Retrofit Report.)
F) Provide a brief report on results of the year's coordination with school boards, community colleges and
universities (as applicable) for implementation of the statutory and code required Public. Shelter Design
Criteria (a.k.a. EHPA). The most recent published Statewide Emergency Shelter Plan can provide
guidance for implementation of the EHPA criteria: A checklist to provide this information will be made
available on the Division's Sharepoint Portal.
6. DATA DOWNLOAD AND UPLOAD — Data exchange between the Division and counties will be facilitated by
the use of the Division's Sharepoint Portal available at http : / /protal.floridadisaster.6rci. Counties will be provided
user names and passwords to access the portal. All data, forms, templates and instructions to be provided by
the Division will be made available via the portal, and counties shall use the portal to upload data or provide
notice of "No Change" for applicable items.
7. STATUTORY REQUIREMENTS (including but not limited to):
A) Sec. 252.355 Florida Statutes. Registry of persons with special needs; notice.
Maintain a registry of persons with special needs located within the jurisdiction of the local agency. The
registration shall identify those persons in need of assistance and plan for resource allocation to meet those
identified needs. The registry shall be updated annually and give persons with special needs the option of pre
authorizing emergency response personnel to enter their homes during search and rescue operations if
necessary.
B) Sec 252 38 Florida Statutes. Emergency management powers of political subdivisions.
i. Each county must establish and maintain an emergency management agency (unless the county is part
of an intedurisdictional emergency management agreement as detailed in
§ 252.38(1)(a), Fla. Stat.)
ii. Each county must Develop a county emergency management plan and program that is coordinated and
consistent with the state comprehensive management plan and program (unless the county is part of an
interjurisdictional emergency management agreement as detailed in § 252.38(1)(a), Fla. Stat.)
iii. Each county emergency management agency shall have a Director.
iv. Director has direct responsibility for organization, administration and operation of county
emergency management agency
v. Director shall coordinate emergency management activities, services and programs within the county.
vi. Director shall serve as liaison to the Division and other local emergency management agencies and
organizations
vii. County emergency management agencies shall perform emergency management functions within the
county
viii. County emergency management agencies shall conduct activities outside territorial limits as required
pursuant to §§ 252.31- 252.90, Fla. Stat., and in accordance with state and county emergency management
plans and mutual aid agreements
ix. Counties shall serve as liaison for and coordinator of municipalities' requests for state and federal
assistance during postdisaster emergency operations
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C) Sec. 252.385(4), Florida Statutes, Public Shelter Space
Local emergency management agencies shall coordinate with public facilities, including schools, post
secondary educational facilities, and other facilities owned or leased by state or local governments, but
excluding hospitals, hospice care facilities, assisted living facilities, and nursing homes, which are suitable for
use as public hurricane evacuation shelters, to ensure that designated facilities are ready to activate prior to a
specific hurricane or disaster. .
D) Sec. 252.40, Florida Statutes. Mutual aid arrangements. (optional - not a requirement)
It is the duty of each local emergency management agency to render assistance in accordance with the
provisions of mutual aid agreements to the fullest extent in times of emergency
F) Sec. 381.0303(2). Florida Statutes. Special needs shelters.
i. County health departments shall, in conjunction with the local emergency management agencies, have
the lead responsibility for coordination of the recruitment of healthcare practitioners to staff local special
needs shelters. County health departments shall assign their employees to work in special needs shelters
when those employees are needed to protect the health and safety of persons with special needs. County
governments shall assist the department with nonmedical staffing and the operation of special needs
shelters. The local health department and emergency management agency shall coordinate these efforts to
ensure appropriate staffing in special needs shelters.
ii. The appropriate county health department, Children's Medical Services office, and local emergency
management agency shall jointly decide who has responsibility for medical supervision in each special
needs shelter.
iii. Local emergency management agencies shall be responsible for the designation and operation of
special needs shelters during times of emergency or disaster and the closure of the facilities following an
emergency or disaster. The local health department and emergency management agency shall coordinate
these efforts to ensure the appropriate designation and operation of special needs shelters. County health
departments shall assist the local emergency management agency with regard to the management of
medical services in special needs shelters.
G) Sec. 393.067(8). Florida Statutes. Facility licensure.
i. Review and approve the comprehensive emergency management plan for all comprehensive
transitional education programs and for homes serving individuals who have complex medicals
conditions.
ii. The local emergency management agency shall ensure that the Agency for Persons with Disabilities
and the Division of Emergency Management, at a minimum, are given the opportunity to review the plan,
as well as appropriate volunteer organizations.
iii. The local emergency management agency shall complete its review within 60 days and either approve
the plan or advise the facility of necessary revisions.
H) Sec. 395.10550)(c), Florida Statutes. Rules and enforcement
i. Review and approve comprehensive emergency management plan (for hospitals) submitted by the State
Agency for Health Care Administration.
ii. The local emergency management agency shall ensure that the following agencies, at a minimum, are
given the opportunity to review the plan: Department of Elderly Affairs, Department of Health, the Agency
for Health Care Administration, and the Division of Emergency Management. Also, appropriate volunteer
organizations must be given the opportunity to review the plan.
iii. The local emergency management agency must complete the comprehensive emergency management
plan review within 60 days and either approve the plan or advise the facility of necessary revisions.
Packet Page -1973-
6/1212012 item 16.F.3.
1) Sec 400.23(2)(g), Florida Statutes Rules: evaluation and deficiencies: licensure status.
L Review and approve comprehensive emergency management plan (for nursing homes and related health
care facilities) submitted by the State Agency for Health Care Administration.
ii. The local emergency management agency shall ensure that the following agencies, at a minimum, are
given the opportunity to review the plan: Department of Elderly Affairs, Department of Health, the Agency
for Health Care Administration, and the Division of Emergency Management. Also, appropriate volunteer
organizations must be given the opportunity to review the plan.
iii. The local emergency management agency must complete the comprehensive emergency management
plan review within 60 days and either approve the plan or advise the facility of necessary revisions
J) Sec 400.967(2)(g), Florida Statutes. Rules and classification of deficiencies.
L Review and approve comprehensive emergency management plan (for Intermediate Care Facilities for
the Developmentally Disabled) submitted by the State Agency for Health Care Administration.
ii. The local emergency management agency shall ensure that the following agencies, at a minimum, are
given the opportunity to review the plan: Department of Elderly Affairs, Department of Health, the Agency
for Health Care Administration, and the Division of Emergency Management. Also, appropriate volunteer
organizations must be given the opportunity to review the plan.
iii. The local emergency management agency must complete the comprehensive emergency
management plan review within 60 days and either approve the plan or advise the facility of
necessary revisions
K) Sec 429.41 (1)(b) Florida Statutes. Rules establishing standards. (optional - not a requirement)
i. Review and approve comprehensive emergency management plan (for assisted care communities)
submitted by the State Agency for Health Care Administration
ii. The local emergency management agency shall ensure that the following agencies, at a minimum, are
given the opportunity to review the plan: Department of Elderly Affairs, Department of Health, the Agency
for Health Care Administration, and the Division of Emergency Management. Also, appropriate volunteer
organizations must be given the opportunity to review the plan.
iii. The local emergency management agency must complete the comprehensive emergency
management plan review within 60 days and either approve the plan or advise the facility of
necessary revisions
Q Sec 1013.372(l), Florida Statutes Educational facilities as emergency shelters.
The Department of Education shall, in consultation with the boards and state and county emergency
management offices, include within the standards to be developed under this subsection public shelter design
criteria to be incorporated into the Florida Building Code.
M) Sec 1013 74(4) Florida Statutes University authorization for fixed capital outlay projects. The
university board of trustees shall, in consultation with local and state emergency management agencies,
assess existing facilities to identify the extent to which each campus has public hurricane evacuation shelter
space.
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Attachment D
Reports
A. 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. Reporting Forms are located in Attachment J and can be found on the Division Internet site.
B. The 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 county.
• Salaries: includes, but is not limited to, a copy of the payroll register (highlight, underline or circle
expenses being claimed), spreadsheet showing breakdown (optional), timesheets (if applicable), and
canceled checks or proof of payment. Check/payroll registers are accepted as backup for both State
and Federal Agreements with the Division if canceled checks are not available.
• OPS /Contractual Services: includes, but is not limited to copies of contracts, MOUs or agreements
with consultants or sub- contractors providing services, payroll registers, timesheets and copies of
checks /proof of payment for temporary employees, student or graduate assistants, fellowships, part-
time academic employment, etc. Invoice detailing services performed and a copy of proof of payment
(i.e., canceled checks, general ledger showing deducted expenditure, etc.)
• Expenses: must include a copy of the invoice /receipt and proof of payment in the form of a canceled
check or ledger showing amount deducted from county fund.
• If training /exercise is provided by contractor, an agenda, training materials, exercise materials
and copies of sign -in rosters of attendees should be included. If planning is provided then will
need copies of planning materials and work products (i.e., meeting documents, copies of
completed plans, etc.)
• For travel and conference 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.
• OCO: includes but is not limited to a copy of the vendor invoice /receipt and proof of payment in the
form of a check or ledger showing payment deduction.
• FCO: includes but is not limited to a copy of the vendor invoice /receipt and proof of payment in the
form of a check or ledger showing payment deduction.
• Copies of the general ledger each quarter should also be provided.
C. 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.:
D. The final close -out report is due forty-five days after termination of this Agreement.
E. The Budget Form is to be completed and sent along with the County's signed agreements for
execution. Along-with the Budget Form the county needs to provide a copy of the current
Emergency Management Local. Budget (General Revenue). This is to ensure compliance with Rule
2712- 19.011, Florida Administrative Code.
F. In addition to the above, in order to ensure compliance with Rule 27P- 19.011, Florida Administrative Code,
historical budgetary information relating to the Recipient's Emergency Management Program is also
required. This information shall be developed based on guidelines provided by the Department and shall
be submitted to the Division no later than December 31, 2012. The Historical Information form must be
prepared and signed by an official of the County's Finance Office,
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6/12/2012 Item 1G.,
G. In a format provided by the Division, a proposed staffing summary and the counties position descriptions
shall be submitted to the Division not later than December 31, 2012.
H. If all required reports prescribed above are not provided 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
such other action as set forth in Paragraphs (10), (11) and (12) of this Agreement, and Rule 27P- 19.014,
Florida Administrative Code. "Acceptable to the Division" means that the work product was completed in
accordance with generally accepted principles, guidelines and applicable law, and is consistent with the
Scope of Work.
L 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 contract manager.
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6/12/2012 Item 16.
Attachment E
Program Statutes, Regulations and-Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 27P-6, 27P -11, 27P -19 and 27P -20, Florida Administrative Code
3. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Division will cover the monthly cost of the satellite service provided to the counties (this includes one
(1) license per county). The charge does not cover maintenance, repair, additional equipment and other services
not part of the initial order for services. In particular, the service charge does not cover:
(a) Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident,
lightning, theft, misuse, fault or negligence of the Recipient or causes external damage to the equipment, such as,
but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of
data communication equipment not provided to the Recipient by the Division under this Agreement, or from any
cause other than intended and ordinary use.
(b) Changes, modifications, or alterations in or to the equipment other than approved upgrades and
configuration changes.
(c) Deinstallation, relocation, or removal of the equipment or any accessories, attachments or other
devices.
The Recipient shall be independently responsible for any and all charges not part of the initial service order.
(2) NAWAS
The Florida National Warning System ( NAWAS) is a U.S. Department of Homeland Security product that
shall be monitored 24 hours a day /365 days a year. The U. S. Department of Homeland Security supplies the line
and one handset to the recipient at no cost. Additional equipment, connections and handsets are the responsibility
of the Recipient.
(3) 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 toward the Recipient's Emergency Management
Preparedness and Assistance (EMPA) Base Grant expenditures.
(4) PROPERTY MANAGEMENT /PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in securing goods and
services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall
utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-
102 - Common Rule.
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6/1212012 Item? 16.F.3.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose
for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient.
The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and
applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 27P -6, 27P -11, and 27P -19, Florida Administrative Code, Chapter 252, Florida
Statutes, and appropriate administrative rules and regulations that guide the emergency management program and
associated activities.
(b) The Recipient certifies that funds received from the Emergency Management, Preparedness and
Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program
under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient
further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law
enforcement, criminal justice, fire service, public works or other services outside the emergency management
responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances
emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management
Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement
(SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full -time Director
consistent with Rule 27P- 19.002(6), Florida Administrative Code.
(6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or partial County
Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2)
or above during the period of this Agreement, then the Recipient shall, within forty-five (45) days following the
conclusion of the activation, evaluate the performance of all elements of the local emergency management program
during that activation, and provide a written after action report to the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to
educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and other personnel
only if the 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 or (2) a State of Emergency appropriately declared by local officials in
response to an emergency event or threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or
updated ordinances in effect which expressly address emergency management, disaster preparedness, civil
defense, disasters, and emergencies or otherwise govern the activation of the local emergency management
program provided in s.252.38, Florida Statutes.
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�
6/12/2012 Item
Attachment
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
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_ -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 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)
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Attachment G
Warranties and Representations
Financial Management
6/12/2012 Item 10.E
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall
be alert to 'conflicts, of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and
invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous
to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements
that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or
offers may be rejected when it is in the Recipient's interest to do so.
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award,
or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
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6/12/2012 Item I
Attachment H
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
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DEM Contract Number
Project Number
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6/12/2012 Item
Attachment I
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A -21, A -110, A -122, A -128, A -87; 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.
B. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
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6/12/2012 Item 16.F .
10. It will comply, and assure the compliance of all its subgrantees 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 recipient of funds, the 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.
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