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Agenda 06/25/2019 Item #16E 3 (Subgrant Agmt from FL Division of Emergency Mgmt)06/25/2019 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to execute State-Funded Subgrant Agreement A0002 accepting a Grant award totaling $105,806 from the Florida Division of Emergency Management for emergency management program enhancement and authorize the associated budget amendment. OBJECTIVE: To enhance emergency program activities within Collier County for Fiscal Year 2019- 2020. CONSIDERATION: The Emergency Management Preparedness Assistance Grant is given by the Florida Division of Emergency Management to each county for the past twenty-six years and does not require an application. These funds are available through a surcharge of $2.00 for each residential insurance policy and $4.00 for each business insurance policy issued in Florida. The Florida Legislature adopted Rule 9G-19, Florida Administrative Code in January 1994. This Rule enables counties with full-time emergency management directors to receive monies to enhance existing programs by purchasing additional equipment, services, or hiring additional personnel. For Fiscal Year 2020, the Florida Division of Emergency Management has agreed to provide the sum of $105,806 to Collier County for program enhancement activities as is outlined in the attached Agreement. As in past years, monies from this fund cannot be used to supplant existing emergency management funding. In addition, per Rule 27P-19.011, Florida Administrative Code, at a minimum, the Recipient shall continue to provide other funding for the Recipient’s Emergency Management Agency at an amount equal to either: (1) the average of the previous three years’ level of county general revenue funding of the Recipient’s Emergency Management Agency; or (2) the level of funding for the Recipient’s Emergency Management Agency for the last fiscal year, whichever figure is lower. This grant is for a period of one year (7/1/19-6/30/20). FISCAL IMPACT: Funds in the amount of $105,806 are available from the Florida Division of Emergency Management. A budget amendment in the amount of $105,806 is required in Admin Service Grant Fund (703), Project #33637. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To approve and authorize the Chair to execute the State-Funded Subgrant Agreement A0002 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. Accountant, Division of Emergency Management ATTACHMENT(S) 1. Collier County FY2019 EMPA Agreement Award Email (PDF) 2. EMPA Agreement FY19-20 A00002 (PDF) 16.E.3 Packet Pg. 2345 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.3 Doc ID: 9353 Item Summary: Recommendation to approve and authorize the Chair to execute State-Funded Subgrant Agreement A0002 accepting a Grant award totaling $105,806 from the Florida Division of Emergency Management for emergency management program enhancement and authorize the associated budget amendment. Meeting Date: 06/25/2019 Prepared by: Title: Accountant – Emergency Management Name: Christine Boni 06/14/2019 11:56 AM Submitted by: Title: Division Director - Bureau of Emer Svc – Emergency Management Name: Daniel Summers 06/14/2019 11:56 AM Approved By: Review: Emergency Management Daniel Summers Additional Reviewer Completed 06/14/2019 2:03 PM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 06/14/2019 2:10 PM Grants Erica Robinson Level 2 Grants Review Completed 06/14/2019 2:29 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 06/14/2019 5:18 PM County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 06/17/2019 8:48 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/17/2019 8:21 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 8:50 AM Grants Therese Stanley Additional Reviewer Completed 06/17/2019 11:35 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/17/2019 4:58 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 16.E.3 Packet Pg. 2346 From:Edwards, Newarsa To:Moran, Tom (DeSoto Co EM); BoniChristine Cc:Lyons, Karen; Jenkins, Chanda Subject:Collier County FY2019 EMPA Agreement Date:Tuesday, June 11, 2019 10:42:45 AM Attachments:FY2019-2020 EMPA Collier County.pdf FY19-20.EMPA.Collier County.docx    Collier County! The Division of Emergency Management is pleased to forward your FY2019 Emergency Management Preparedness Assistance Grant (EMPA) Agreement . Please note the Division will be unable to send the agreements in any form other than a PDF, due to legal stipulation. Please carefully read and review the agreement including all attachments prior to signing. Print two (2) sets of the attached agreement and complete as follows: Both sets of the Agreement need original authorized signatures; If signed by anyone other than the authorized person, a copy of an existing Certificate, Resolution, or Procedure, or a letter signed by the authorized person indicating that they have the authority to enter into Agreements; Authorized person’s name and title printed where requested; Date of signature; The Budget Detail Worksheet should be completed with anticipated expenditure amounts – this amount should equal your award amount. Please make sure that the correct recipient name is stated on your contract, if not please let us know immediately so that we can revise and resend. Complete business hours on Attachment F – Warranties and Representations Submit Proposed Match Plan along with signed agreement Section 2(c), Contact, must be completed with the name and contact information of the representative of the recipient who will be responsible for the administration of this agreement. Once completed with the above information and signed, please return both (2) sets of the agreement to this address: Florida Division of Emergency Management Bureau of Preparedness – Attn: Newarsa Edwards Domestic Preparedness Unit 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 A fully executed original agreement will be returned to you. If there are any questions, please let me know.   16.E.3.a Packet Pg. 2347 Attachment: Collier County FY2019 EMPA Agreement Award Email (9353 : EMPA FY19-20 Agreement) Nee Edwards Bureau of Preparedness-Domestic Security Unit Grants Specialist V Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, Fl 32399 (850) 815-4340 Office Newarsa.Edwards@em.myflorida.com   16.E.3.a Packet Pg. 2348 Attachment: Collier County FY2019 EMPA Agreement Award Email (9353 : EMPA FY19-20 Agreement) Agreement Number: A0002 STATE-FUNDED GRANT 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) LAWS, RULES, REGULATIONS. AND POLICIES a. As required by Section 215.971(1\, Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. ii. A provision dividing the agreement into quantiliable units of deliverables thal must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. b. ln addition to the foregoing, the Recipient and the Division shall be governed by q!! applicable State and Federal laws, rules and regulations, including those identified in the Scope of Work (Attachment B). Any express reference in this Agreement to a particular slatute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 16.E.3.b Packet Pg. 2349 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) (2) CONTACT a. ln accordance with Section 215.971(21, Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Recipient performance; and, ii. Review and document all deliverables for which the Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Newarsa Edwards 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 81 5-4340 Email: Newarsa.Edwards@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 341 13 Telephone: 239-252-3600 Email: Daniel.Summers@colliercountvfl .oov Alsoemail;@ d. ln the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon bythe parties. (4) EXECUTTON This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 2 16.E.3.b Packet Pg. 2350 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) (5) MOpTFTCATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (6) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget (Attachment A) and Scope of Work (Attachment B), of this Agreement. (7) PERIOD OF AGREEMENT This Agreement shall begin July 1,2019 upon execution by both parties and shall end on June 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. ln accordance with Section 215.971(1Xd), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (8) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreemenl is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Recipient only for allowable costs incurred by the Recipient in lhe successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Budget (Attachment A) and Scope of Work (Attachment B) The maximum reimbursement amount for the entirety of this Agreemenl is $105,806.00. d. The Division will review any request for reimbursement by comparing the documenlalion provided by the Recipient against a performance measure, outlined in Attachment A and Attachment C, which clearly delineates: i. The required minimum acceplable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. e. The Division's Grant Manager, as required by Section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incuned by the Recipient. f. For the purposes of this Agreement, the term 'improper payment" means or includes: i. Any payment that should not have been made orthat was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, 16.E.3.b Packet Pg. 2351 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufflcient or lack of documentation prevents a reviewer from drscerning whether a payment was proper. g. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accord with Section 1'12.061, Florida Statutes. The Recipient mustsubmit submission of the claim on either their local travel voucher with supporting documentation and their local travel policy, or on the approved state travel voucher. (9) RECORDS a. As a condition of receiving state flnancial assislance, and as required by Sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief lnspector General ofthe State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, tinancial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access lo the Recipient's personnel for the purpose of interview and discussion related to such documenls. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. lnformation regarding retention schedules can be obtained at: htto://dos.mvflorida.com/librarv- archives/records-manaoemenUqeneral-records-schedules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meelings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. lf a public agency delegates lhe performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for thal volunteer flre department. Thus, to the extent that the Government in the Sunshine Law applies to 16.E.3.b Packet Pg. 2352 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. d. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmenlal agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope ofthe services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. e. The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufflcient to determine compliance with the requirements and objectives of the Budget (Attachment A) and Scope of Work (Attachment B) - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (10) AUpTTS a. ln accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. S200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounling Standards Board (GASB) and the Financial Accounting Slandards Board (FASB)." b. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ('GAGAS'). As defined by 2 C.F.R. 5200.50, GAGAS, "also known as the Yellow Book, means generally accepted governmenl 16.E.3.b Packet Pg. 2353 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) auditing standards issued by the Comptroller General of the United States, which are applicable to flnancial audits." c. lf an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spenl in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. d. The Recipient shall have all audits completed by an independent auditor, which is defined in Section 2 15.97(2)(i), Florida Statutes, as "an independent ce(ilied public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year. e. The Recipient shall send copies of reporting packages required under this paragraph directlv to each of the following: i. The Division of Emergency Management DEMSinqle Audit@em.mvfl orida.com DEMSingle_Audit@em.myfl orida.com OR Office of the lnspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ii. The Auditor General Room 40'l, Claude Pepper Building 1 1 1 West Madison Street Tallahassee, Florida 32399-1 450 (11) REPORTS a. The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all Sub-Recipients and subcontractors in completing the work described in the Scope of Work (Attachment B) and the expenditure of funds under this Agreement, in addition to any other informalion requested by the Division. b. Quarterly reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are September 30, December 31 , March 31, and June 30. c. The Form 5 - Close-Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. 16.E.3.b Packet Pg. 2354 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) d. lf all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph ('1 5) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the 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 identifled in the Quarterly Report (Attachment D). (12) MONTTORTNG a. 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 the Budget (Attachment A) and Scope of Work (Attachment B) to this Agreement and reported in the Quarterly Report (Attachment D). b. ln addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. lnthe event thatthe 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 wilh any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. ln addition, the Division will monitor the performance and financial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13) LrABrLrrY a. Unless Recipient is a slale agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipienl is solely responsible to parties it deals with in carrying out the terms of this Agreemenl and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed underthis Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall 16.E.3.b Packet Pg. 2355 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parlies in any matter arising out of this agreement. (14) qEEAUlr lf any of the following events occur ("Events of Default'), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make payments or partial payments afler any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. lf any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreemenl; b. lf material adverse changes occur in the flnancial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. c. lf any reports required by this Agreement have not been submitted to the Division or have been submitted with inconect, incomplete or insufflcient information; d. lf the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEpTES lf an Event of Default occurs, then the Division shall, after thirty (30) calendar days wriften notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreementi 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 conective or remedial actions, to include but not be limited to: i. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 16.E.3.b Packet Pg. 2356 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ii. issue a written warning to advise that more serious measures may be taken if the situation is not correcled, iii. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in queslion, or iv. 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. Pursuing any ofthe above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. lf the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend, or waive any other right or remedy of the Division, or affecl the later exercise of the same right or remedy by the Division for any other default by the Recipient. (16) TERMTNATTON a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes., as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. ln the event this Agreement is terminated, the Recipient will not incur new obligations for the terminaled portion of this Agreement after the Recipient has received the notification of termination. The Recipient wilt 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 this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (17) SUBCONTRACTS lf the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms 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 16.E.3.b Packet Pg. 2357 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) whatever nature arising out of the subcontractor's performance of work under this Agreement, to the e)dent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes (18) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. ln the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: Exhibit 1 - Funding Sources Exhibit 2 - EM Director or Part{ime Coordinator Certification and Compliance with Rule 27P-19, Florida Administrative Code and Chapter 252, Florida Statutes Attachment A - Proposed Program Budget Detail Worksheet Attachment B - Scope of Work Attachment C - Allowable Cost and Eligible Activities Attachment D - Quarterly Reports Attachment E - Response Capabilities Attachment F - Hurricane Shelter Retroflt Attachment G - Recovery Capabilities Attachment H - Certification Regarding Debarment Attachment I - Justification of Advance Payment Attachment J - Warranties and Representations Attachment K - Statement of Assurances (19) PAYMENTS a. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing accounl. lf 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 Justiflcation of Advance Payment (Attachment l). Justiflcation of Advance Payment (Attachment l) 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 10 16.E.3.b Packet Pg. 2358 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) reimbursement has been paid prior to the submittal of a request for advanced payment, After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. lnvoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within forty-five (45) days after the expiration date ofthe agreement. An explanation ofany circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant l\4anager as part of the Recipient's quarterly reporting as referenced in paragraph (1 1) REPORTS of this Agreement. c. lf the necessary funds are not available to fund this Agreemenl as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under paragraph 8 ofthis 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. (20) REPAYIVENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Managemenl," and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 ln accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amounl of the returned check or draft, whichever is greater. (21) MANpATED CONDTTTONS 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 lo a Division request, or in any submission or response to fulfill the requirements of this Agreement. Atl 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 (30) days wriften notice to lhe 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. lf any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. ll 16.E.3.b Packet Pg. 2359 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 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 @mply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Vendors and Recipients who have been placed on the State convicted vendor list following a conviction for a public entity crime or on lhe State discriminatorv vendor list may not submit a bid on a contlact 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 properly to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultanl under a contract with a public entity, and may not transact business with any public entity in excess of $35,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. The Florida Department of Managemeni Services maintains the convicted vendor list at httos://www.dms.mvflorida.com/business ooerations/state ourchasino/state aoencv resources/vendor r eqistration and vendor lists/convicted vendor list, and the discriminatory vendor list at https://www.dms.mvflorida.com/business ooerations/state ourchasinq/state aqency resources/vendor r eqistration and vendor lists/discriminatorv vendor list. g. Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the state government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debaned, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaclions by a federal department or agency as indicated by https ://www.sam.oov/; ii. Have not, within a five-year period preceding this Agreement been convicted ofor had a civil judgment rendered against it 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 anlitrust statutes or commission of embezzlement, theft, forgery, bribery, falsilication or destruction of records, making false stalements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (21)(gxii) of this certirication; and iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. t2 16.E.3.b Packet Pg. 2360 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) lf the Recipient is unable to certify to any of the statemenls 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 SUBCONTMCTOR THAT RECIPIENT PLANS TO FUND UNDER THIS AGREEMENT. THE FORM MUST BE RECEIVED BY THE DIVISION BEFORE THE RECIPIENT ENTERS INTO A CONTMCT 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, Florida Statutes, or the Florida Constitution. i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufflcient for a proper pre.audit and post-audit thereof. j. Any bills for travel expenses shall be submitted in accordance with Section 1 12.061 , Florida Statutes. 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 1 '19, Florida Statutes, which the Recipient created or received under this Agreement. l. lf the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. 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 conlained in I U.S.C. Section 1324a(e) lsection 274A(e) of the lmmigration and Nationality Act ("lNA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) ofthe lNA. Such violation by the Recipient ofthe employment provisions contained in Section 274A(e) ofthe INA shall be grounds for unilateral cancellation ofthis Agreement by the Division. n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.01 1 , Florida Statutes) with respect to the meetings ofthe Recipient's governing board orthe meetings ofany subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and lhe minutes of all the meetings shall be public records, available to the public in accordance with Chapter 1 19, Florida Statutes o. All expenditures of state flnancial 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. 13 16.E.3.b Packet Pg. 2361 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) p. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. r. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as fu(her required by law' s. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the lran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott lsrael List or is engaged in a boycott of lsrael. (22) LOBBYTNG PROHIBIION a. Section 216.347,Floida Statutes, prohibits "any disbursement of granls and aids appropriations pursuant to a contract or grant lo any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." b. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other oflicial action by the Florida Legislature or any state agency. (23) COPYRIGHT. PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. a. lf the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. b. lf any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. lf any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing underor in connection wilh the performance under this Agreement are transferred by the Recipient lo the State of Florida. t4 16.E.3.b Packet Pg. 2362 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), havethe right to all patents and copyrights that accrue during performance of this Agreement. d. lf the Recipient qualifies as a slale university under Florida law, then, pursuant to Section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. ln the case of .ioint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (24) LEGAL AUTHORTZATTON. The Recipient certilies 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. (25) ASSURANCES, The Recipient shall comply with any Statement of Assurances incorporated as Attachment K. l5 16.E.3.b Packet Pg. 2363 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) lN WITNESS WHEREOF, the parties hereto have executed this Agreement. EECIEIEXI-I Collier COUNTY Name and Title: W. L. McDaniel, Jr., Chairman Date: FtD# 59-6000558 ATTEST: Crystal K. Kinzel, Clerk By: Deputy Clerk STATE OF FLORIDA OIVISION OF EMERGENCY MANAGEMENT Name and Title: @ Date: l6 16.E.3.b Packet Pg. 2364 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) EXHIBIT 1 FUNDING SOURCES I. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 2.I5.97, FLORIDA STATUTES. FLORIDA SINGLE AUDIT ACT NOTE: IF THE RESOURCES AWARDED TO THE RECIPIENT REPRESENT MORE THAN ONE STATE PROJECT, PROVIDE THE SAME INFORMATION SHOWN BELOW FOR EACH STATE PROJECT AND SHOW TOTAL STATE FINANCIAL ASSISTANCE AWARDED THAT IS SUBJECT TO SECTION 215.97, FLORIDA STATUTES. II. STATE PROJECT: State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance title: Emergency Management Preparedness and Assistance Grant Catalog of State Financial Assistance number: 31.063 Amount: $105,806.00 III. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requiremenls as fol/ows.' 1 . Rule 27P-19, Florida Administrative Code 2. Section 215.97, Section 215.971, Section 252.371-373, Florida Statutes, etc. 3. Reference Guide for State Expenditures 4. 2 C.F.R. Pan 200 NOTE: 2 C.F.R. Part 200, 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. t'7 16.E.3.b Packet Pg. 2365 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) EXHIBIT 2 EM DIRECTOR OR PART-TIIIE COORDINATOR CERTIFICATION & COMPLIANCE WTH RULE 27P-19, FLORIDA ADMINISTRATIVE CODE and CHAPTER 252, FLORIDA STATUTES ln accordance with tho 2019-2020 Emergency Management Preparedness and Assistance Grant agreement, which shall begin July 1, 2019 and shall end on June 30, 2020, and to remain consistent with Rules 27P-19.005(4) and (5), Florida Adminishatlve Code, in order to receive EMPA funding, each County Emergency Managemenl Agency shall annually certify their commitmBnt to employ and maintain aither a Full-time Director or Part-time Coordinator, ln their efforts to serve as liaison for and coordinator of municipallties' requosts for stats and fBdsral asslstance during posl-disaster emerg6ncy operations. Pursuant to Rule 27P-19.004, Florida Administrative Cods, if the Recipiont is a county with a population of 75,000 or more, then ths Recipienl shall employ a full-timo county emergency management director. lf the Reclpient is a county with a population less than 75,000, or if the Recipient is a county that is a party to an inler-jurisdictional emergency management agresment entsred into pursuant to Section 252.38(3Xb), F.S., then the Recipient shall employ 6ithor: . An Emergency Management Coordinator who works at l€ast 20 hours a w€ek in that capacity; or,. A full-time director. (Name) cedify compliance with ths aforementioned requirements for the 20'19-2020 Emergsncy lrlanagement Preparodness and Assistance grant program. LeO &-hS aho cartlfy thar I am tho oflldal representative forLeo (Recipient) and have authority to bind cation of compliance. Signed by: Printed Name: Collier G,r,r-{ V (Recipient) has emptoyeo a EM Dreclr.v- (EM Director or an EM Coordlnator) pursuant to Sectlon 252.38(3Xb), Florlda Statutes. rirr.. (' C',.r.r*v ff on&Q er ., o"", '.1ur{ t.t, )otl Phone/Emair:JgQ - .rX >- 9a83 \c o a-0^soDcr{\r ergo,r, (< )r 18 16.E.3.b Packet Pg. 2366 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT A PROPOSEO PROGRAM BUDGET DETAIL WORKSHEET The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work (Attachment B). The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment B). Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. lf the Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." lf the Recipient changes the "Proposed Program Budget Detail Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. COLLIER COUNTY FY 2019-2020 Emergency Management Preparedness and Assistance Grant $41,106 Management & Administration Grant Recipient Agency Category Amount Allocated Planning $26,000 Operational Equipment $26,700 Training $12,000 Exercise Total Award $'10s,806 16.E.3.b Packet Pg. 2367 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) FY 2OT9.2O2o pnoposED PRoGRAM BUDGET DETAIL WORKSHEET . ELIGIBLE ACTIVITIES (Not limited to activities beloW) Allowable Planning Costs Quantity Unit Gost TotalCost Development of Emergency Plans - Hazards Analysis for CEMP ,l 26,000 26,000 Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $26,000 Allowable Operational Costs Quantity Unit Cost TotalCost Salaries and Fringe Benefits Utilities (electric, water and sewage) Service/Maintenance agreem ents ,l 1 1 ,l 3,000 12,000 2,500 9,900 3,000 12,000 2,500 9.900 Office Supplies/Materials 1 13,706 13,706 lT Software Upgrades EM Fuel Memberships Publications Postage Storage TOTAL OPERATIONAL EXPENDITURES $41,106 Allowable Equipment Acquisition Costs Quantity Unit Cost TotalCost Personal protective equipment I nformation technology Cybersecurity enhancement equipment lnteroperable communications equipment 06CC-03-SATP Satellite Phone 06CP-01 -PORT Portable Radios 2 5 3,350 4,000 6,700 20,000 Detection Equipment Power equipment @ 16.E.3.b Packet Pg. 2368 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) CBRN E Reference Materials CBRNE lncident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21GN-0O-OCEQ - EOC equipment & supplies brovide description of EOC eouipment & supp/les) TOTAL EQU!PMENT EXPENDITURES $26,700 Allowable Training Costs Quantity Unit Cost TotalCost Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences Certifi cation/Recertification of lnstructors Travel 12 1 000 12,000 Supplies Overtime and Backfill TOTAL TRAINING EXPEN DITURES $12,000 Allowable Exercise Costs Quantity Unit Cost TotalCost Salaries and Fringe Benefits - Hiring of contractors or consultants Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERGISE EXPENDITURES Al lowable Management and Admi nistration Costs Quantity Unit Cost TotalCost Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $105,806 @ 16.E.3.b Packet Pg. 2369 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT B SCOPE OF WORK BACKGROUND: Emergency management is the organization and management ofthe resources and responsibilities for dealing with all humanitarian aspects of emergencies (preparedness, response, mitigation, and recovery). The aim is to reduce lhe harmful effects of all hazards, including disasters. The purpose of the Emergency Management Preparedness and Assistance Grant (EMPA) is to provide stale funds to assist local grovernments in preparing for all hazards as authorized by Section 252.373, Florida Statutes. EMPA shall be awarded to a county for the use and benefit of the County Emergency Management Agency. Funds shall be allocated to implement and administer county emergency management programs including management and administration. Consistent with Rule 27P-19.01 0(1 1 ), Florida Administrative Code, the Division shall determine allowable costs in accordance with 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." TASKS: Throughout the period of this Agreement, the Recipient must administer an alFhazard, county emergency management agency that includes preparedness, mitigation, response, and recovery components and capabilities. Task One: Certification of County Emergency Management Staff Each County Emergency Management Agency must annually certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator consistent with subsections 27P-19.005(4) and (5), F.A.C. Pursuanl to Section 252.38(1)(c), F.S., the County Emergency Management Agency shall perform emergency management functions throughoul the territorial limits of the county in which it is organized. Additionally, the County Emergency Management Agency shall conduct such activities outside its territorial limits as required by law and in accordance with state and county emergency management plans and mutual aid agreements. The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities' requests for state and federal assistance during post-disaster emergency operations. lf the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. lf the Recipient is a county with a population less than 75,000, or if the Recipient is a county that is a party to an interlurisdictional emergency management agreement entered into pursuant to Section 252.38(3Xb), F.S., then the Recipient shall employ either: . An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or,. A fulFtime director 22 16.E.3.b Packet Pg. 2370 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Task Two - Local Budget Match Throughout the period of this Agreemenl, and as required by Rule 27P-19.011(1), Florida Administrative Code, the Recipient shall match base grant funds "al the amount either equal to the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever is lower." NOTE: Rule 27P-19.01 1(1 ), Florida Administrative Code, states: "County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the emergency management responsibilities assigned to the County Emergency lvlanagemenl Agency by Section 252.38, F.S., shall not be included in determining the "level of county funding of the County Emergency Management Agency.' " For Task 2, the person who executes the certification must possess the legal authority to bind the Recipient. ln accordance with Rule 27P-19.01 'l (2), Florida Administrative Code, and if "exceptional financial circumstances" exist, then the Recipient may request from the Division a match reduction: lf the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the malch requirements in subsection 27P- 19.01 1(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal .justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief flnancial officer. Requests shall certify the intent to return to pre-reduced funding as soon as practicable and shall provide an estimate of the date at which the county will return to the current level offunding. Requests for reduction shall also be accompanied byfinancial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved by the governing body of the jurisdiction, or the opportunity to request shall be waived. 23 16.E.3.b Packet Pg. 2371 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Task Three: Response Capabilities Throughout the period of this Agreement, the Recipient must maintain current county emergency management and other contacts through the Division's SharePoint portal including County Director and Alternate contacts, State Mutual Aid Agreement contacts, and many more; The Recipient must maintain SharePoint site identiflcation data including location and attribute information for fire rescue, law enforcement, public safety, and emergency service stations; The Recipient must maintain WebEOC site identification location and attribute information of all pre- identified County Logistics Staging Areas (CSAs) and Points of Distribution (PODs), and; The Recipient must upload hurricane shelter retrofit information in the Division's SharePoint portal in accordance with Florida's statewide hunicane shelter space deficit elimination program. Task Four - Recovery Capabilities Throughout the period of this Agreement, the Recipient must maintain potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC which identifies physical location, contact persons, site characteristic$ interior, office characteristics, phone service, and sketches. 24 16.E.3.b Packet Pg. 2372 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) QUARTERLY DELIVERABLES: Quarterly deliverables must be uploaded into the Division's SharePoint portal and/or WebEOC each quarter as stated in the scope of work. The Recipient must also provide a certiflcation of completion on the deliverable checklist. NOTE: lf there are no updates, duplicate information is not required throughout the period of performance and is not required to be uploaded into the Division's SharePoint portal, Pleasejust notate such in the notes section on the Deliverables Checklist in SharePoint. QUARTER 't: JULY 1, 2019 - SEPTEMBER 30, 2019 ln order to demonstrate successful completion of all required tasks for Quarter 1, the Recipient must submit the following items in the Division's SharePoint portal and/or WebEOC: Task 1. The FDEM Exhibit 2, certification letter for the fulFtime Emergency Management Director or part- time Coordinator, in accordance with Rule 27P-19.004, Florida Administrative Code; . The FDENI Form 4 - Staffing Detail and position descriptions for funded emergency management staff, including an identiflcation for which employees are responsible for Preparedness, Response, Recovery, Mitigation, and Finance;o A quarterly report as outlined in Quarterly Reports (Attachment D);. The full-time Emergency lvlanagement Director's or part{ime Coordinator's certified timesheets or paystubs;. Training certiflcates for all employees of the County Emergency Management Agency for any G/lS, FEMA or Division courses that pertain to Preparedness, Response, Recovery, Ivlitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a copy of the transcripl); Task 2. The FDEM Form 3 - Local Budget Match Requirement;e A copy ofthe current and accurate County Emergency Management Local Budget (General Revenue) including the budget approval date. All requests for a budget match reduction shall be requested no later than 45 days after the county budget has been approved; Task 3. Support of Response capabilities (Attachment E), including contact information for emergency management agency and other contacts, County Director and alternate contacts, State Mutual Aid Agreement contacts and others;. Site Data including location and attribute information for all fire rescue, law enforcement, public safety, and emergency service stations;. Site Data including location and attribute information for all pre-identified sites for the County Staging Areas (CSA's) and Points of Distribution (PODS);. Updates applicable to Hurricane Shelter Retrofit (Attachment F) in accordance with Florida's statewide hurricane shelter space deflcit elimination program; Task 4. Support of Recovery capabilities (Attachment G), identify potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC. 25 16.E.3.b Packet Pg. 2373 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) QUARTER 2: OCTOBER 1, 2019 - DECEMBER 31, 2019 ln order to demonstrate successful completion of the required tasks for Quarter 2, the Recipient must submit the following items in the Division's SharePoint portal and/or WebEOC: Task 1. Any updates to the FDEM Form 4 - Staffing Detail and position descriptions for funded emergency management staff, including an identification for which employees are responsible for Preparedness, Response, Recovery, Mitigation, and Finance;. A Quarterly Report as outlined in Quarterly Reports (Attachment D);. The full-time Emergency l\,lanagement Director's or part{ime Coordinator's certified timesheets or paystubs;. Any new certificates obtained by employees of the County Emergency Management Agency for any G/lS, FEMA or Division courses that pertain to Preparedness, Response, Recovery, Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a copy of the transcript); Task 2r Any updates to the FDEM Form 3 - Local Budget Match Requirement, and r Any updates to the current and accurate County Emergency Management Local Budget (General Revenue) including budget approval date,' Task 3. Updates to support of Response capabilities (Attachment E), including contact information for emergency management agency and other contacts, County Director and alternate contacts, State Mutual Aid Agreement contacts and others;. Updates for Site Data including location and attribute information for all fire rescue, law enforcement, public safety, and emergency service stations;. Updates for Site Data including location and attribute information for all pre-identified sites for the County Staging Areas (CSA's) and Points of Distribution (PODS); . Updates applicable to the Hurricane Shelter Retroit (Attachmenl F) in accordance with Florida's statewide hurricane shelter space deficit elimination program; Task 4. Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery Center (DRC) locations and provide basic informalion in WebEOC. QUARTER 3: JANUARY 1, 2020 - MARCH 3'1,2020 ln order to demonstrate successful completion of the required tasks for Quarter 3, the Recipient must submit the following items in the Division's SharePoint portal and/or WebEOC: Task 1. Updates to the FDEM Form 4 - Stafiing Deiail and position descriptions for funded emergency management staff, including an identification for which employees are responsible for Preparedness, Response, Recovery, Mitigation, and Finance;. A qua(erly report as outlined in Quarterly Reports (Attachment D);. The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or paystubs;r Any new certificates obtained by employees of the County Emergency Management Agency for any G/lS, FEMA or Division courses lhat pertain to Preparedness, Response, Recovery, Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a copy of the transcript); 26 16.E.3.b Packet Pg. 2374 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Task 2. Any updates to the FDEM Form 3- Local Budget Match Requirement; and. Any updates to the current and accurate County Emergency Management Local Budget (General Revenue) including budget approval date; Task 3 . Updates to the support of Response capabilities (Attachment E), including contact information for emergency management agency and other contacts, County Director and altemate contacts, State Mutual Aid Agreement contacts and others;. Updates to Site Data including location and attribute information for all flre rescue, law enforcement, public safety, and emergency service stations;. Updates to Site Data including location and attribute information for all pre-identified sites for the County Staging Areas (CSA's) and Points of Distribution (PODS); . Complete Hurricane Shelter Retrofit (Attachment F) requirements in accordance with Florida's statewide hurricane shelter space deficit elimination program; Task 4. Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC. QUARTER 4: APRIL 1 , 2020 - JUNE 30,2020 ln order to demonstrate successful mmpletion of the required tasks for Quarter 4, the Recipient must submit the following items in the Division's SharePoint portal and/or WebEOC: Task 1r Any new certificates obtained by employees of the County Emergency lvlanagement Agency for any G/lS, FEMA or Division courses that pertain to Preparedness, Response, Recovery, Ivlitigation and Finance (if uploaded into SERT TRAC, the Division's Grant lvlanager will request a copy of the transcript);. A Qua(erly report as outlined in Quarterly Reports (Attachment D);. The full-time Emergency l\,lanagement Director's or partlime Coordinator's certified timesheets or paystubs; Task 2. Any updates to the FDEIVI Form 3 - Local Budget Match Requirement;. Any updates to the current and accurate County Emergency Management Local Budget (General Revenue) including budget approval date; Task 3. Updates to the support of Response capabilities (Attachment E), including contact information for emergency management agency and other contacts, County Director and alternate contacts, State Mutual Aid Agreement contacts and others;. Updates lo Site Data including location and attribute information for all fire rescue, law enforcement, public safety, and emergency service stations;. Updates to Site Data including location and attribute information for all pre-identified sites for the County Staging Areas (CSA's) and Points of Distribution (PODS). Task 4. Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC 27 16.E.3.b Packet Pg. 2375 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT C ALLOWABLE COSTS AND ELIGIBLE ACTIVITIES Rule 27P-19, Florida Administrative Code: Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars...' Therefore, unlessa specific exception applies, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses: ln order to qualify for reimbursement under the terms of lhis Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. lf an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the Division shall not provide any reimbursement for that expense. NOTE: This Scope of Work recognizes that each Recipient: . Might be at a different levei of preparedness than another Recipient; . Operates within a unique geography; r Faces unique threats and hazards; and,. Serves a unique population. Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a task under this Agreement might not qualify as reasonable and necessary for another Recipient to successfully complete a task. Conversely, what might not qualify for one may qualify for another. ln order to avoid a "one size fits all" approach, this Agreemenl provides some level of flexibility. lf a unique cost (e.g. equipment not listed on the EMPG AEL) qualifles as reasonable and necessary for the successful completion of a task under this Agreement, and if the Recipient receives permission from the Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. Performance: ln order to qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy the minimum level of service required for the successful completion of a task required by this Agreement. lf the performance fails to satisfy the minimum level of service, then the Division shall not provide any reimbursement for that performance. Planning: Planning spans all five National Preparedness Goal mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or communily-based approach to preparedness. Some examples of authorized planning activities include, but not limited to: . Emergency Operations Plans;. CommunicationsPlans;o WholeCommunityEngagemenUPlanning;. Resource Management Planning;. Evacuation Planning,. Recovery Planning,. Local Comprehensive Emergency Management Plan (CEMP), and. lllitigationPlanning 28 16.E.3.b Packet Pg. 2376 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ln order for planning expenditures to qualify for reimbursement under this Agreement, the Recipient must submit a final plan to the Division and the Division's Natural Hazard Planning Manager must approve that plan. As part of any request for reimbursement for planning expenditures, the Recipient must submit the following to the Division: . Copies of contracts or agreements prior to contracting with consultants or sub-contractors providing services;r lnvoice from any consultant/contractor involved in the planning (Note - grant agreement must be referenced on the invoice);. Copies of all planning materials and work product (e.9. meeting documents, copies of plans); o lf a meeting was held by Recipient, an agenda and signup sheet with meeting date must be included;. Proof of payment (e.9. canceled check, electronic funds transfer, credit card statement);. Complete debarment form and/or Sam.gov for any contractors/consultanls;r Proof of purchase methodology (e.9. quotes, sole source, state contract, competitive bid results);. lnvoices and proof of payment for Travel costs (e.9., airfare, mileage, per diem, hotel) related to planning activities. Operational: EMPA Program funds may be used for all day{o-day activities in support of the four phases of emergency managemenl (preparedness, response, recovery, and mitigation). Reimbursable personnel costs include salary, overtime and backfill, compensatory time off, and associated fringe benefits. Rules 27P-19.004 and 27P-19.0061, F.A.C., outline the minimum performance level (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24-hour basis. Personnel costs 27P-1 1.004 ,27P-11 .0061: Counties with populations of 75,000 or more must have a fulFtime emergency management director. Counties with populations of less than 75,000 or party to an inter-jurisdictional emergency management agreemenl entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the Governor by executive order or rule, are encouraged to have a fulFtime director. However, as a minimum, such a county must have an emergency management coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency lvlanagement Director" means a single professional emergency management program Administrator working full-time as identifled in the position description established by the governing body of the jurisdiction. Eligible "Operational'' items include, but are not limited to:. Salary and Fringe Benelits (include FDEM Form 6 -Time and Effort with employee & supervisor signatures - focus is on proof of hours 4!@l4I worked). Utilities (electric, water and sewage). Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services). Offlce Supplies/Materials. lT Software Upgrades. EM Fuel. I\,4emberships. Publications. Postage. Storage. OtherPersonnel/ContractualServices 29 @ 16.E.3.b Packet Pg. 2377 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) o Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. Position descriptions are required.o Consultant Services require a pre-approved Contract or purchase order by the Division. Copies of additional quotes shall also be supplied when requesting pre-approval. These requests shall be sent to the Grant Manager for the Division for review. lf the recipient seeks reimbursement for operational activities, then the following shall be submitted: . Documentation that clearly indicates hours worked for full or part{ime staff or contractors/consultants, position descriptions, and proof employee was paid.. FDEM Form 6 -Time and Effort for full or part-time staff or contractors/consultants with employee and supervisor signatures.. Receipts and proof of payment (e.9. canceled check, electronic funds transfer confirmation, credit card statement, bank statements) for any expenditures in support of operational costs. Equipment: Provided the cost ofthe item qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, an item on the FEMA AEL that is speciflcally coded for the Emergency Management Performance Grant ('EMPG") Program satisfies lhe minimum level of service for an equipment purchase under this Agreement. lf an item qualifies as reasonable and necessary, and if the item is EN/PG-coded on the FEMA AEL, then the Recipient does not need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement. lf the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEI\rlA AEL, then the Recipient must receive permission from the Division prior to purchasing the item. lf the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division will not provide any reimbursement for that purchase. Of note, AEL 21GN-00-OCEQ (Equipment and Supplies, lnformation/Emergency Operations/Fusion Centers) provides authorization for the purchase of equipment and supplies that are necessary to establish and maintain an Emergency Operations Center. Allowable equipment includes equipment from the following AEL categories: o Personal Protective Equipment (PPE) (Category 1). lnformation Technology (Category 4). Cybersecurity Enhancement Equipment (Category 5). lnteroperable Communications Equipment (Category 6). Detection Equipment (Category 7). Power Equipment (Category 10). Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 1 1). CBRNE lncident Response Vehicles (Category 12). Physical Security Enhancement Equipment (Category 14). CBRNE Logistical Support Equipment (Category 19). Other Authorized Equipment (Category 21) The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEI\ilA's preparedness grant programs and can be located at https://www.fema.qov/authorized-eouioment-list. 30 16.E.3.b Packet Pg. 2378 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) lf Recipients have questions concerning the eligibility of equipment, they shall contact their Grant Manager for clarifi cation. Recipients must analfze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. SS 200.310, 200.313, and 200.3'16. lf the recipient seeks reimbursement for equipment activities, then the following must be submitted: . All invoices;. The AEL # for each purchase; . Proof of payment (e.9. canceled check, electronic funds transfer, credit card statement, bank statement); and, o Proof of purchase methodology (e.9. quotes, sole source, state contract, competitive bid results). Training: Training funds may be used for a range of emergency management-related training activities to enhance the capabilities of state and local emergency management personnel through the establishment, support, conduct, and attendance of training. Training should foster the developmenl ofa community-oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. The Recipient can successfully complete an authorized course either by attending or by conducting that course. o ln order to receive payment for successfully attending a training course, the Recipient must provide the Division with a certificate of completion; additionally, the Recipient must provide the Division with all receipts lhat document the costs incurred by the Recipient in order to attend the course. . ln order lo receive payment for successfully conducting a course, the Recipient must provide the Division with the course sign-in sheet. Additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course. . ln order to receive payment for successfully conducting a workshop the recipient must provide the Division with workshop sign-in sheets and materials used for workshop. Additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the workshop. For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the FDEM State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Otflcer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro-rala basis for any training with less than 15 participants. Allowable training-related costs include the following: . Funds Used to Develop, Deliver, and Evaluate Training, This includes costs related lo administering the training: planning, scheduling, facilities, materials and supplies, reproduction of 3l 16.E.3.b Packet Pg. 2379 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) materials, and equipment. Training shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills.. Overtime and Backfi . fhe entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at approved training courses and programs are allowable. These costs are allowed only to the enent the payment for such services is in accordance with the policies of the local government. ln no case is dual compensation allowable. That is, an employee ofa unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.9., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities.. Travel, Travel costs (e.9., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training.. Suppries. Supplies are items that are expended or consumed during the course ofthe planning and conduct of the exercise activities (e.9., gloves, non-sterile masks, fuel, and disposable protective equipment).. Hiring of Contractors or Consu/tants. Contractors or Consultanls may be hired to support direct training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have lhe approval of the state.. Certification/Recertification of lnstructors. Costs associated with the certification and re- certification of instructors are allowed. Counties are encouraged to follow the State/FEMA lnstructor Quality Assurance Program to ensure a minimum level of competency and conesponding levels of evaluation of student learning. This is particularly important for those courses involving the training of trainers. Conferences: The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. 5200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or evenl whose primary purpose is the dissemination of technical information beyond the non-Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, deflnes the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. ln order for travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for lhe successful completion of a task required by this Agreement. Provided the cost qualifles as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 69142.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. ln pertinent part, Rule 691-42.004(1), Florida Admlnistrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: r The main purpose of the conference or convention is in conneclion with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; 32 16.E.3.b Packet Pg. 2380 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) . The activity provides a direct educational or other benetit supporting the work and public purpose of the person attending;. The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and. The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 69142.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: . A copy of the internal travel voucher or a statement that no travel costs were incurred, if applicable. Also, a statement on the voucher explaining how attendance at a conference directly relates lo the Recipient's job duties;. A copy of those pages of the agenda that itemizes the registration fee; o A copy of local travel policy; and, When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See Section 1 12.061 (6Xc), Florida Statutes ('No one, whether traveling oul of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state."). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: . ClassAtravel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight).. Class B travel is continuous travel of less than 24 hours which involves overnight absence away from offlcial headquarters. The travel day for Class B travel begins at the same time as the travel period.. Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 1 12.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: . $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.);. $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and,. $ 19 for dinner (When travel begins before 6 p.m. and extends beyond I p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Flonda Statutes, establishes the per diem amounts. All travelers are allowed: . The authorized per diem for each day of travel; or,. lf actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. I 12.061 (6) (b), F.S., plus actual expenses for lodging at a single occupancy rale. 33 16.E.3.b Packet Pg. 2381 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Per diem shall be calculated using four six-hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel- Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates: The Dlvision shall not reimburse for any meal allowance that exceeds $6 for breaKast, $11 for lunch, or $ 19 for dinner unless: . For counties - the requirements of Section 112.061(14\, Florida Statutes, are satisfied;. The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and,. The costs do not exceed the reimbursement rates established by the United States General Services Administration ('GSA') for that locale (see httos://www.osa.qov/oortal/contenU104877). Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. Absent prior approval from the Division, the cost ofany hotel accommodation shall not exceed $150 per night. lf the recipient seeks reimbursement for training activities, then the following shall be submitted: o Training certificates or Sign-in sheets, either with all participant's signatures or pre-populated with lead instructor signature and date;. Receipts and proof of payment (e.9. cancelled check, electronic funds transfer conflrmation, credit card slatement, bank statement) for any expenditures in support of the training (e.9. printing cosls, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment);. lnvoices and proof of payment for Travel costs (e.9., internal travel form, airfare, mileage, per diem, hotel) related to training/conference activities and;. Proof of purchase methodology (e.9. quotes, sole source, state contract, competitive bid results), if applicable, and;. Provide copy of current procurement, employment, and travel policies. Exercises: Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's Multi-Year Training and Exercise Plan (MYTEP) for the core capabilities needed to address its greatest risks. Allowable exercise-related costs include: . Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are enmuraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to )+ 16.E.3.b Packet Pg. 2382 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) identify any gaps in these skills, Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP and addressed in the exercise cycle.. Hiring of Conttactors or Consurtants. Contractors or Consultants may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises.. Overtime and Backftlt. fhe entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the local government. ln no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.9., 1 :00 p.m. to 5:00 p.m.), even though such work may beneflt both activities.. Travel. Travel costs (e.9., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities.. Supprres. Supplies are items thal are expended or consumed during the course ofthe planning and conduct of the exercise activities (e.9., gloves, non-sterile masks, fuel, and disposable protective equipment).. Other ltems. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division at least twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. U nauthorized exercise-related costs include: . Reimbursement for the mainlenance and/or wear and tear costs of general use vehicles (e.9., construclion vehicles) and emergency response apparatus (e.9., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage;. Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.9., electronic messaging signs);. Durable and non-durable goods purchased for installation and/or use beyond the scope of exercise conduct. lf the recipient seeks reimbursement for exercise activities, then the following shall be submitted: . Documentation clearly indicating the purpose/objectives ofthe exercise (e.9. Situation Manual, Exercise Plan);o Afler-action report with lmprovement Plan (MR/|P), Sign-ln sheets, Agenda;. Receipts and proof of payment (e.9. canceled check, electronic funds transfer confirmation, credit card statement, bank statement) for supplies expenditures (e.9. copying paper, gloves, tap, etc.)l. lnvoices and proof of payment for Travel costs (e.9., inlernal travel voucher, airfare, mileage, per diem, hotel) relaled to exercise activities;. Proof of purchase methodology, if applicable (e.9. quotes, sole source, state contracl, competitive bid results). 35 16.E.3.b Packet Pg. 2383 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) No later than 90 days afler completion of an exercise, the recipient must upload to the Division's SharePoint portal at: httos://portal.floridadisaster.orq an After Action Report (AAR) that includes the following: . An lmprovement Plan; and,. A roster of participants. Management and Administration: Allowable management and adminisiration costs includes: . Hiring of Contractors or Consurtants. Contractors or Consultants to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements. ll the recipient seeks reimbursement for management and administration activities, then the following shall be submitted: ' Documentation that clearly indicates hours worked for contractors or consullants, and proof consultant was paid; . FDEM Form 6 -Time and Effort with employee & supervisor signatures for contractors or consultants;. Contractual service agreement, if applicable;. Proof of purchase methodology, if applicable (e.9. quotes, sole source, state contract, competitive bid results). Up to 5% of the total award amount may reimbursed for managemenl and administration activities. Supplanting Prohibited Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to supplant existing funding." Additionally, Rule 27P-19.003(3), Florida Administrative Code, states: "Funds received from lhe [ElVlPA] Trust Fund may not be used to supplant existing funding, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund." FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required lasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in the following penalty: o A 10% reduction of the overall amount authorized by this Agreement. The Division shall apply the penalty each quarter during which the Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each penalty shall be applied cumulatively. lf, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then the Recipient shall notify the Division immediately. lf the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 36 16.E.3.b Packet Pg. 2384 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT D QUARTERLY REPORTS Recipients must provide the Division with qua(erly financial reports and a flnal close-out report. . Quarterly financial reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year; and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reportinq Period Report due to FDEM no later than Julv 1 throuqh September 30 November 15 October 1 throuqh December 31 February 1 5 Januarv 1 throuqh March 31 May 15 Aoril 1 throuqh June 30 Auqust 1 5 . The Recipient must provide the Division with supporting documentation for the quarterly flnancial reports. To eliminate Iarge files and mailings, the Division shall accept back up documentation on a CD if desired by the county.. The Quarterly Tasks form 1 B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. . ln order to ensure compliance with Rule 27P-19.011, the Local Budget Match Requirement Form shall be completed and sent when the Local Countv Budoet is aooroved or by November 15, 2019. The County shall provide a copy of the currenl Emergency Management Local Budgel (General Revenue) including approved budget date with lhe form. lf the County's cunent budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than forty-five (45) days after the county budget is approved.. ln a format provided by the Division, Form 4 - Staffing Detail and position descriptions of each funded county emergency management staff shall be submitted no later than November 15, 2019 or along with l"iquarter reimbursement submission, whichever occurs first.. The final close-out report is due sixty (60) days after termination of this Agreement by August 30, 2020, or 60 days after completion of activities contained in this agreement, whichever occurs first. 37 16.E.3.b Packet Pg. 2385 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Programmatic Point of Contact: Contractual Point of Contact Programmatic Point of Contact Newarsa Edwards FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-21 00 (850) 815-4340 Newarsa.Edwards@em.mvfl orida.com Karen Lyons FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (8s0) 815-432s Karen.Lvons@em.mvfl orida.com 38 16.E.3.b Packet Pg. 2386 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT E RESPONSE CAPABILITIES @!4ls - The Recipient shall maintain current county emergency management and other contacts through the Division's SharePoint portal available at httos://oortal.floridadisaster.orq. From the Portal main page, click "County Links", then pulldown and select'Update County Contacts." This information includes:. County Director and Alternate contacts. State Mutual Aid Agreement contacts. Logistics contacts. and many more..,, SharePoint Site ldentification - The Recipient shall upload current Site Data to the Division's SharePoint portal available at https://portal.floridadisaster.oro. SharePoint site ldentification data includes: . Through SharePoint - location and attribute information of all -o fire rescueo law enforcemento public safetyo emergency service stations Attribute information shall include at a minimum: facility name, facility type, physical address, and USNG coordinates 98 Latitude/Longitude in decimal degrees (only one or the other is required). NOTES: For Site ldentiflcation data uploaded through SharePoint - To facilitate emergency sites review, FDEM GIS will annually upload a spreadsheet extracted from the critical facility inventory. This spreadsheet is intended to assist counties without GIS resources. Critical facility inventory spreadsheets provided will contain more facility types than are required to be reviewed. Counties with GIS resources may, instead of reviewing this spreadsheet -o Upload zipped shapefiles or geodatabases extracted from a county GIS system, o Upload a zipped geodatabase of Essential Facilities created using HMUS Comprehensive Data Management System (https://www.fema.gov/comprehensive-data- managemenFsystem)o Provide URL to a GIS data download website maintained by the county lf counties have no chanqes to SharePoinl since the last aoreement period. a statement of 'no chanqe" shall be submitted via lhe SharePoint oortal. WebEOC Site ldentification - The Recipient shall upload cunent Site Data to WebEOC available at https://eoc.fl oridadisaster,oro. WebEOC site ldentifi cation data includes: . Through WebEOC - location and attribute informalion of all pre-identifed -o County Staging Areas (CSAs)o Points of Distribution (PODs) 39 16.E.3.b Packet Pg. 2387 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Attribute information shall include at a minimum: Site Name, Site Type, Site Address, Full Address with Latitude/Longitude in decimal degrees, Primary Contact (name, e-mail and phone) Secondary Contact (name, e-mail and phone), The following Site lnformation is upload information is optional:. Picture attachment of Site.. Commenls regarding access, transportation roules or any planning information. SITE SUGGESTIONS: County Staging Areas (CSAs). Sites should be located adjacent to a major highway and have the ability to establish safe one-way traffic through the compound and reasonably secured. County Staging Areas must also be localed in a region that can support countywide relief operations.. For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. Point of Distribution (PODs)r PODS should not be nearby a business that has water and food for sale.. Counties should focus on placing PODS in outlying areas where these types of stores are not located in-order lo insure that resources are available in those areas.. For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. 40 16.E.3.b Packet Pg. 2388 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT F HURRICANE SHELTER RETROFIT Hurricane Shelter Retrotit - ln accordance with Florida's statewide hunicane shelter space deficit elimination program, the Recipient must upload items A- E in the Division's SharePoint portal by the end of the 3rd Ouarter at: https://oortal.floridadisaster.orq. The responses collected in this task are the basis for the Shelter Retroflt Report as required by 252.38 F.S. Each county's current Shelter lnventory Spreadsheet shall be available on SharePoint for reference. A. Hurricane shelter deficit reduction information. 1 . Submit a list of newly constructed "as-is", retrofit, or Enhanced Hurricane Protection Areas (EHPA) facilities. lf none, enter "none". 2. Submit any corrections needed on the Shelter lnventory Spreadsheet. lf none, enter "no coreclions needed, the information is correcl". B. Current or newly completed hurricane shelter retrofit prolects. 1 . List all hunicane shelter retrofit projects completed in the previous fiscal year regardless of funding source(s). lf none, enter "none". 2. List potential hurricane shelter retrofit projects. Listing projects is the first step for grant eligibility. lf none, enter "none". c. Update Special Needs Shelters' (SpNS) power systems. 1. Respond yes or no to this statement: All designated SpNS have a standby power system or the capability for a temporary power system with adequate size to support life-safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. 2. lf no, upload a strategy so that all designated SpNS shall have a standby power capability with adequate capacity to support life-safety systems, essential fighting and outlet receptacles, air-conditioning, and necessary medical equipment. For those designated SpNS facilities without a permanently equipped standby electric generating capacity, a temporary electric generator with adequate capacity to support the standby power system requirements is available and locally sourced. D. Update SpNS client space capacity. 1. Respond yes or no to this statemenl: The county has designated sufflcient SpNS client spaces to meet the anticipated five-year demands as determined by the 2018 Statewide Emergency Shelter Plan (published January 31 , 2018). 2. lf no, upload a strategy to achieve sufficient SpNS client spaces to meet the anticipated five- year demands as delermined by the 2018 Statewide Emergency Shelter Plan (January 31 , 2018). E. Upload a brief report on results of this year's coordination with school boards, community colleges and universities (as applicable). The most recent published Statewide Emergency Shelter Plan provides guidance for implementation of the criteria. The Report to the Division shall discuss, at an executive level, the results ofthe meeting(s) including: 1. Listof planned facilities/buildings (e.9., initial name/title of the project (such as, High School AAA), location and estimate of shelter space floor area or spaces) that the educational agency shall design and/or build in the coming two (2) years; and five (5) years. 2. List of facilities/buildings that shall be designed and constructed as EHPA, include anticipated hurricane shelter spaces, if known. 3. List of facilities/buildings for which an exemption from EHPA shall be requested, and anticipated statute or code-based cause(s) for such exemption(s).4. Listof facilities/buildings where future retrofitting may be praclical lo creale shelter space. 5. Update the status of EHPA or new construction projects from previous reports to the Division 6. Upload a copy ofthe participant sign-in sheet with agency affiliation shown, and a copy of any meeting minutes (or similar documentation). 4l 16.E.3.b Packet Pg. 2389 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT G RECOVERY CAPABILITIES The following recommendalions should be considered when identifying potential Disaster Recovery Center (DRC) locations: A. Locations must be large enough for the needs of the situation (number of agencies and clients anticipated in the DRC). This may vary from a location identified as small as 1500 square feet for a small DRC to more than 5000 square feet for a large DRC. lt is good to identify a variety of possible locations of different sizes within the county. The size of a DRC will vary dependent upon the number of anticipated applicants to be served within the community. DRC Size Chart Small:1500-3499 sq. fl. Medium:35004999 sq. ft Large:5000 sq. ft-Above B. Consider locations that don't require a fee to use the facility and FEMA generally only pays for utilities or phone line installation. lf a written agreemenl is made prior to occupancy, then FE[/A will take responsibility for the utilities or other payments to a facility.C. Facilities should have heat, electricity, good lighting, potable water, resl rooms, and adequate parking. D. All locations should be compliant with the Americans with Disabilities Act of '1990, to ensure access to all individuals, including individuals with disabilities and others with access and functional needs.E. Appropriate emergency flre & medical support should be quickly available to the location.F. Preferably when a DRC is established, the first 7 days should be without inlerruption from prior commitments (e.9. basketball games, weddings, parties, meetings, etc.). lt is also important to understand that a DRC may need to remain operational for a minimum up to 30 days or longer. G. The location's owner must be willing to allow FEMA to install telephone lines and/or intemet service if necessary.H. Facilities should be available from 7:30am-7:00pm daily, Monday through Saturday, and possibly on Sundays and holidays. ADDITIONAL CONSIDERATIONS 1. When possible, DRC facilities should be centrally located in a community to minimize travel time. Consideration must be given to the most vulnerable population. Where applicable DRCs should be established on a public transportation route. The public should generally be familiar with the location Custodial support should be available at the facility2. lf necessary, the parking lot should be able to temporarily accommodate a Mobile Communication Office Vehicle (MCOV) (60'long x 20'wide) with an unobstructed view of the south-westem sky for satellite connectivity. 3. Does the occupancy of the facility have any Environmental Planning and Historic Preservation (EPH) considerations that need to be addressed? (e.9. special flood hazard area, Historical site, etc.) 42 16.E.3.b Packet Pg. 2390 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Disaster Recovery Center Basic Requirements Physical Location Name: Physical Address (no PO Box): City:County:State: _ Zip GPS: LAT Directions/Landmarks: LONG Contact Persons (POC): Facility point of contact: Name Address: Phone: City: After hours POC: Name Address: State: _ Zip: Phone: City: Alternative POC: Name Address: State: _ Zip: Phone: City:State: _ Zip: County Emergency Management Director: Name Address: P hone: City:State: _ Zip: Site Characteristics Date available: Begin: _ End: _ Lease required: Y N Cost $ Space available: _ sq. ft. Hours of use:Keys: DRC use parking spaces: _ ADA parking spaces: _ Total: Parking lot lights: Y N Outside building lights: Y N ADA accessibility: Exterior notes: Response time: Police: _ Fire: Nearest hospital: Name Phone: Address: Distance: _ Time: Local crime summary: 43 16.E.3.b Packet Pg. 2391 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Local hazards summary: lnterior # Rooms: Room size: Room A x Room B x Room C x # Bathrooms: - ADA compliant: Y N Are doors secure: Y N Comment: Are windows secure: Y N Comment: Emergency lighting functional: Y N Exit lighting functional: Y N Fire sprinkler system functional: Y N # fire extinguishers: _ Water system: Y N City/County system: Y N Approved for drinking: Y N Air conditioning: Y N Fans: Y N Adequate ventilation: YN Electrical power to support computer and office equipment demand: Y N Can inside re-wiring be accomplished easily and safely? Y N ls building interior in good shape (check for water leaks & visible hazards)? Y N Office Characteristics lnternet access: Y N Wi-Fi: Y N # Fax: _ # Toner cartridges: _ Flatbed tabletop copier: Y N Copy paper _ boxes # Toner cartridges: _ High speed printer: Y N # Toner cartridges: _ Shredder: Y N # Trash cans: _ Janitorial & trash pickup available? Y N # Tables: _ # office chairs: _ # folding chairs: _ Bathroom access: Y N # Paper towels: _ # toilet paper: _ # paper cups: _ # ext. cords: Comment: Phones FEMA cell phone signal? Y N Strength: _ Air Card? Y N Strength: _ Do phone lines already exist for DRC use? Y N How many? _ What is maximum phone line capacity Phone service point in building: Phone service provider:Contact number: Phone number connected to DRC location (for tel/com reference): Comments: Sketches Draw location sketches: (1) Exterior: building, ADA parking & ramps, DRC, parking (2) Interior: building, rooms w/dimensions, location of outlets and telephone equipment Note: Above checklist compiled from various sources including: 44 16.E.3.b Packet Pg. 2392 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT H Certification Regarding Debarment, Suspension, lneligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient,certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2\ Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTMCTOR; By: Signature Recipient's Name Name and Title FDEI\,1 Contract Number Street Address Project Number City, State, Zip Date 45 16.E.3.b Packet Pg. 2393 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT I 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 bencfits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to opemtc the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED 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 Iirst 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 Iirst ninety (90) days ofthe contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the DiYision Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirt, (30) days of receipt, along with any inter€st earned on th€ adYance) BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20_-20_ Anticipated Expenditures for First Three Months of Contract For examnle ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES 46 16.E.3.b Packet Pg. 2394 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT J WARRANTIES AND REPRESENTATIONS Financial Manaqement Recipient's financial management system must include the following: (1) Accurate, cunent and complete disclosure ofthe financial results ofthis project or program (2) Records that identify the source and use offunds for all activities. These records shall contain informalion 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. Comoetition 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. ln order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specilications, requirements, statements of work, 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. 4'7 16.E.3.b Packet Pg. 2395 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) Codes of Conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of conlracts. 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 aboul to employ any of the parties indicated, has a financial or other interest in the flrm 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 ils offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00am -5:00om M-F Licensinq and Permittino 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. 48 16.E.3.b Packet Pg. 2396 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) ATTACHMENT K STATEMENT OF ASSURANCES The Recipient hereby assures and certifles compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also, the Applicant assures and certifles that: 1. lt 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. lt will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employmenl is in connection with an activity tinanced in whole or in part by Federal grants. (5 USC 1501 , et. seq.) 3. lt will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4, lt will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. lt will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. lt will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. lt will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Oirector of the EPA Offlce of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. lt will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identifled by the Secretary of the Oepartment of Housing and Urban Development as an area having special flood hazards. The phrase "Federal linancial 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. lt 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 1 1593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of lnvestigations, as necessary, to 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) 49 16.E.3.b Packet Pg. 2397 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. '10. lt will comply, and assure the compliance of all its sub-recipients and contraclors, 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. I 1. lt will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure: Part 20, Criminal Justice lnformation Systems; Part 22, Confidentiality of ldentifiable Research and Statistical lnformation; Part 23, Criminal lntelligence Systems Operating Policies; Part 30, lntergovernmental Review of Oepartment of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for lmplementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. lt will comply, and all its contraclors 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 Vl of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title ll of the Americans with Disabilities Act (AOA) (1990); Title lX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Departmenl 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 courl or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub-Recipient of funds, the Sub-Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. lt will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. '15. lt will comply with the provisions of the Coastal Banier 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 derined at 28 CFR Part 67 Sections 67.615 and 67.620. 50 16.E.3.b Packet Pg. 2398 Attachment: EMPA Agreement FY19-20 A00002 (9353 : EMPA FY19-20 Agreement)