Item C07M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
July 19, 2017
Agenda Item Number: C.7
Agenda Item Summary #3129
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289 -6325
N/A
AGENDA ITEM WORDING: Approval of an agreement with the State of Florida, Division of
Emergency Management concerning an Emergency Management Preparedness and Assistance Base
Grant (Contract #18 -BG- - 11- 54 -01 -__) in the amount of $105,806.00, fully grant funded and no
county match; and authorization for the County Administrator to execute any other required
documentation in relation to the grant.
ITEM BACKGROUND: This is an annual Grant Agreement between the State of Florida,
Division of Emergency Management and Monroe County. The Grant is intended to enhance County
Emergency Management plans and programs that are consistent with the State Comprehensive
Emergency Management Plan and Program. This agreement shall begin July 1, 2017 and end June
30, 2018.
PREVIOUS RELEVANT BOCC ACTION: This grant has been approved each year since 1994.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
Revised FY 18 EMPA Agreement FINAL 6.21.17 - Monroe
FINANCIAL IMPACT:
Effective Date: July 1, 2017
Expiration Date: June 30, 2018
Total Dollar Value of Contract: $105,806
Total Cost to County: $0
Current Year Portion:
Budgeted: No
Source of Funds: Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant: $105,806
County Match: $0
Insurance Required: N/A
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Martin Senterfitt
Completed
06/27/2017 7:33 AM
James Callahan
Completed
06/26/2017 10:11 AM
Cynthia Hall
Completed
06/26/2017 1:11 PM
Budget and Finance
Completed
06/26/2017 1:40 PM
Maria Slavik
Completed
06/26/2017 2:05 PM
Kathy Peters
Completed
06/28/2017 11:42 AM
Board of County Commissioners
Pending
07/19/2017 9:00 AM
Contract Number: 18 -BG- - 11- 54 -01-
Catalog of State Financial Assistance (CSFA) #: 31.063
STATE - FUNDED GRANT AGREEMENT
BASE GRANT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and
Monroe County, (hereinafter referred to as the 'Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
➢ The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
➢ The Division has the authority to grant these funds to the Recipient upon the terms and conditions
below; and,
➢ The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
1. LAWS, RULES, REGULATIONS AND POLICIES
A. This Agreement involves "state financial assistance," as that term is defined in
section 215.97(2)(r), Florida Statutes.
B. This Agreement involves a "Base Grant ", defined by Rule 27P- 19.002(1), Florida a)
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Administrative Code, as "those funds allocated in accordance with the formula in Rule 27P- 19.005, r_
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F.A.C., as a minimum allocation to County Emergency Management Agencies."
C. As defined by Rule 27P- 19.002, Florida Administrative Code, the term "Division"
means "the Division of Emergency Management, Executive Office of the Governor."
D. Under this Agreement, the Division serves as the "State awarding agency" as
that term is defined by section 215.97(2)(q), Florida Statutes.
E. Under this Agreement, the term "Recipient ", as defined by section 215.97(2)(0),
Florida Statutes, means a "nonstate entity that receives state financial assistance directly from a state
awarding agency." As defined by Rule 27P- 19.002(12), Florida Administrative Code, the term "Recipient"
also means "an Applicant that is offered and accepts an award from the Division."
F. The Recipient is a "County Emergency Management Agency," as that term is
defined by Rule 27P- 19.002(3), Florida Administrative Code.
G. As required by section 215.97(5)(a), Florida Statutes, this Agreement provides
the recipient with "information needed by the recipient to comply with the requirements of the Florida
Single Audit Act.
H. As required by section 215.971 (1), Florida Statutes, this Agreement includes:
(1) A provision specifying a scope of work that clearly establishes the tasks
that the Recipient is required to perform.
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(2) A provision dividing the agreement into quantifiable units ofdeliverables
that must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
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and the criteria for evaluating the successful completion of each deliverable.
(3) A provision specifying the financial consequences that apply ifthe
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Recipient fails to perform the minimum level of service required by the agreement.
(4) A provision specifying that the Recipient may expend funds onlyfor °
allowable costs resulting from obligations incurred during the specified agreement period.
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(5) A provision specifying that any balance of unobligated funds which has
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been advanced or paid must be refunded to the Division. E
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(6) A provision specifying that any funds paid in excess of the amount to CU
which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
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I. In addition to the foregoing, the Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment F. E
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Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies. N
2. CONTACT
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A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant C
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Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Recipient. As part of his /her duties, the Grant Manager for
the Division shall:
(1) Monitor and document Recipient performance; and,
(2) Review and document all deliverables for which the Recipient requests
payment.
B. The Division's Grant Manager for this Agreement is:
Michael J. Day
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: (850) 815 -4346
Email: Michael.Da em.mvflorida.com
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C. The name and address of the Representative of the Recipient responsible forthe
administration of this Agreement is:
Marty Senterfitt
49063 rd ST Ocean
Marathon, FL 33050
Telephone: 289 -6018
Fax: (305) 289 -6333
Email
Senterfitt- Martin(,5MonroeCounty- FL.gov
D. In the event that different representatives or addresses are designated byeither
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 by the parties
4. EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
5. MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes a)
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which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
6. SCOPE OF WORK
The Recipient shall perform the work in accordance with the Program Budget and Scope
of Work, Attachment A and B of this Agreement.
7. PERIOD OF AGREEMENT
This Agreement shall begin July 1, 2017 and shall end on June 30, 2018, unless
terminated earlier in accordance with the provisions of Paragraph (16) of this Agreement. In accordance
with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this
Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement
8. FUNDING
A. This is a cost - reimbursement Agreement, subject to the availability of funds. In
accordance with Rule 27P- 19.010(4), Florida Administrative Code, the Division shall reimburse the
Recipient on a quarterly basis.
B. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
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C. Rule 27P- 19.010(11), Florida Administrative Code, states: "Allowable costs shall
be determined in accordance with applicable Federal Office of Management and Budget Circulars..."
Therefore, 2 CFR Part 200, Subpart E —Cost Principles shall apply to thisAgreement.
D. As required by Rule 27P- 19.010(8), Florida Administrative Code, "The Recipient
shall establish a separate account in an interest bearing account for tracking all deposits, expenditures
and interest pertaining to [this] award."
E. The Division will reimburse the Recipient only for allowable costs incurred bythe
Recipient in the successful completion of each deliverable. The maximum reimbursement amount for
each deliverable is outlined in Attachment A and B of this Agreement ( "Program Budget and Scope of
Work "). The maximum reimbursement amount for the entirety of this Agreement is $105,806.00.
F. The Division will review any request for reimbursement by comparing the
documentation provided by the Recipient against a performance measure, outlined in Attachment B, that
clearly delineates:
(1) The required minimum acceptable level of service to be performed; and,
(2) The criteria for evaluating the successful completion of each deliverable.
G. The Division's grant manager, as required by section 215.971(2)(c), Florida
Statutes, shall reconcile and verify all funds received against all funds expended during the grant
agreement period and produce a final reconciliation report. The final report must identify any funds paid
in excess of the expenditures incurred by the Recipient.
H. For the purposes of this Agreement, the term "improper payment" means or a)
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includes:
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(1) Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
(2) Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
As required by the Reference Guide for State Expenditures, reimbursementfor
travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the
claim on the approved state travel voucher.
9. RECORDS
A. As a condition of receiving state financial assistance, and as required bysections
20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Chief Inspector General of the State of Florida, the
Division, the Department of Financial Services, the Florida Auditor General, or any of their authorized
representatives, shall enjoy the right of access to any documents, financial statements, papers, or other
records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations,
excerpts, and transcripts. The right of access also includes timely and reasonable access to the
Recipient's personnel for the purpose of interview and discussion related to such documents. For the
purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors
or consultants to be paid from funds provided under this Agreement.
B. The Recipient shall maintain all records related to this Agreement for the period
of time specified in the appropriate retention schedule published by the Florida Department of State.
Information regarding retention schedules can be obtained at: http : / /dos.myflorida.com /library-
arch ives / records - management /general- records - schedules /
C. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer N
fire department provides firefighting services to a governmental entity and uses facilities and equipment
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purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
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that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's
governing board or the meetings of any subcommittee making recommendations to the governing board
may be subject to open government requirements. These meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance Z
with Chapter 119, Florida Statutes. 5;
D. Florida's Public Records Law provides a right of access to the records of the
state and local governments as well as to private entities acting on their behalf. Unless specifically
exempted from disclosure by the Legislature, all materials made or received by a governmental agency
(or a private entity acting on behalf of such an agency) in conjunction with official business which are
used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public
inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that
entity within the ambit of the public record requirements. However, when a public entity delegates a
public function to a private entity, the records generated by the private entity's performance of that duty
become public records. Thus, the nature and scope of the services provided by a private entity determine
whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of
Florida's Public Records Law.
E. The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Program Budget and Scope of Work - Attachment A and B - and all other applicable
laws and regulations.
10. AUDITS
A. As required by Rule 27P- 19.010(5), Florida Administrative Code, "All recipients of
trust funds shall cause a financial audit to be performed in accordance with [the Florida Single Audit Act,
section 215.97, Florida Statutes]. A report of the audit will be forwarded to the Division within 60 days of
its completion."
B. In accounting for the receipt and expenditure of funds under this Agreement, the
Recipient shall follow Generally Accepted Accounting Principles ( "GAAP "). As defined by Rule
10.554(1)(g) of the Rules of the Auditor General, GAAP are "those accounting principles generally
accepted in the United States of America, as defined by the GASB Codification of Governmental
Accounting and Financial Reporting Standards, Section 1000 The Hierarchy of Generally Accepted
Accounting Principles." As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting
standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting
Standards Board (FASB)."
C. When conducting an audit of the Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ( "GAGAS "). As defined by
Rule 10.554(1)(h) of the Rules of the Auditor General, GAGAS are "those audit standards set forth in the
publication Government Auditing Standards issued by the Comptroller General of the United States." As
defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted
government auditing standards issued by the Comptroller General of the United States, which are
applicable to financial audits."
D. As defined by section 215.97(2)(a), Florida Statutes, the term "auditthreshold"
means "the threshold amount used to determine when a state single audit or project- specific audit of a
nonstate entity shall be conducted in accordance with" the Florida Single Audit Act. The current audit
threshold is $750,000.
E. As required by sections 215.97(2)(a) and 215.97(8)(a), Florida Statutes, "[e]ach
nonstate entity that expends a total amount of state financial assistance equal to or in excess of $750,000
in any fiscal year of such nonstate entity shall be required to have a state single audit, or a project-
specific audit, for such fiscal year in accordance with" the requirements of the Florida Single Audit Act and
in accordance with "additional requirements established in rules of the Department of Financial Services
and rules of the Auditor General." In determining the State financial assistance expended in its fiscal
year, the Recipient shall include all sources of State financial assistance, including State funds received
from the Division, other state agencies, and other nonstate entities. State financial assistance does not
include Federal direct or pass- through awards and resources received by a nonstate entity for Federal
program matching requirements.
F. In accordance with section 215.97(8)(0, Florida Statutes, the Recipient shall
have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida
Statutes, as "an independent certified public accountant licensed under chapter 473." The independent
auditor shall state that the audit complied with the applicable provisions noted above. The audit must be
received by the Division no later than nine months from the end of the Recipient's fiscal year.
G. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, then the Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Recipient of such non-
compliance.
H. If the Recipient expends less than $750,000 in State financial assistance in its
fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is
not required. In the event that the Recipient expends less than $750,000 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of
such an audit must be paid from the Recipient's resources obtained from other than State entities). a)
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I. As required by section 215.97(5)(d), Florida Statutes, the Recipient shall provide r_
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the Division with "one copy of each financial reporting package prepared in accordance with" the
requirements of the Florida Single Audit Act.
As defined by section 215.97(2)(e), Florida Statutes, the term "financial reporting
package" means the Recipient's "financial statements, Schedule of Expenditures of State Financial
Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan,
correspondence on followup of prior years' corrective actions taken, and such other information
determined by the Auditor General to be necessary and consistent with the purposes" of the Florida
Single Audit Act.
K. In addition to the information listed in paragraph 101 above, the financial reporting
package shall include a schedule of financial assistance specifically identifying all Agreement and other
revenue by sponsoring agency and Agreement number.
L. Copies of financial reporting packages required by the Florida Single AuditAct
shall be submitted by or on behalf of the Recipient directly to each of the following:
(1) The Division of Emergency Management at the following addresses:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
OR
DEMSingle Audit(abem.myflorida.com
(2) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
M. Additional information on the Florida Single Audit Act may be found atthe
following website: https: // apps. fldfs .com /fsaa /singleauditact.aspx
11. REPORTS
A. As stated in Rule 27P- 19.010(4), Florida Administrative Code, "Each Recipient
may receive trust funds from the Division on a quarterly basis, based on the submittal of reports. Said
reports shall be provided using the forms included in the grant agreement, as supplemented by any
particular information requested in writing by the Division prior to the due date of the report."
B. The Recipient shall provide the Division with quarterly reports and a close -out
report. These reports shall include the current status and progress by the Recipient and all subrecipients
and subcontractors in completing the work described in the Scope of Work and the expenditure of funds
under this Agreement, in addition to any other information requested by the Division.
C. Quarterly reports are due to the Division no later than 30 days after the end of
each quarter of the program year and shall be sent each quarter until submission of the administrative
close -out report. The ending dates for each quarter of the program year are March 31, June 30,
September 30 and December 31.
D. The close -out report is due 60 days after termination of this Agreement or60
days after completion of the activities contained in this Agreement, whichever firstoccurs.
E. If all required reports and copies are not sent to the Division or are notcompleted
in a manner acceptable to the Division, the Division may withhold further payments until they are
completed or may take other action as stated in paragraph 15 REMEDIES. "Acceptable to the Division"
means that the work product was completed in accordance with the Budget and Scope ofWork.
F. The Recipient shall provide additional program updates or information thatmay
be required by the Division.
G. The Recipient shall provide additional reports and information identified in
Attachment E.
12. MONITORING
A. Rule 27P- 19.010(9), Florida Administrative Code, expressly states: "The Division
shall be permitted to inspect and monitor the records and facilities of funded projects and award
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recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed
to be normal business hours on Monday through Friday."
B. The Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and /or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment B to this Agreement, and reported in the
quarterly report.
C. In addition to reviews of audits conducted in accordance with paragraph 10
above, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited
scope audits, and /or other procedures. The Recipient agrees to comply and cooperate with any
monitoring procedures /processes deemed appropriate by the Division. In the event that the Division
determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with
any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Florida Chief Financial Officer orAuditor General. In addition, the Division will monitor
the performance and financial management by the Recipient throughout the contract term to ensure
timely completion of all tasks.
13. LIABILITY
A. Unless Recipient is a State agency or subdivision, as defined in Section 768.28,
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Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this
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Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
B. Any Recipient which is a state agency or subdivision, as defined in Section
768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions
which result in claims or suits against the Division, and agrees to be liable for any damages proximately
caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing
herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign
immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the
State of Florida to be sued by third parties in any matter arising out of anycontract.
14. DEFAULT
A. If any of the following events occur ( "Events of Default "), all obligations onthe
part of the Division to make further payment of funds shall, if the Division elects, terminate and the
Division has the option to exercise any of its remedies set forth in paragraph 15.
B. If any of the following occur, then the Division may make payments or partial
payments without waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
(1) Any warranty or representation made by the Recipient in this Agreement
or any previous agreement with the Division is or becomes false or misleading in any respect, or if the
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
(2) Material adverse changes occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division.
(3) Any reports required by this Agreement have not been submitted tothe
Division or have been submitted with incorrect, incomplete or insufficient information;
(4) The Recipient has failed to perform and complete on time any of its
obligations under this Agreement.
15. REMEDIES
A. If an Event of Default occurs, then the Division shall, after thirty calendar days
written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently orconsecutively:
(1) Terminate this Agreement, provided that the Recipient is given at least
thirty days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the
address in paragraph 2 above;
(2) Begin an appropriate legal or equitable action to enforce performance of
this Agreement;
(3) Withhold or suspend payment of all or any part of a request forpayment;
(4) Require that the Recipient refund to the Division any monies used for
ineligible purposes under the laws, rules and regulations governing the use of these funds.
(5) Exercise any corrective or remedial actions, to include but not be limited
to:
(a) Request additional information from the Recipient to determine
the reasons for or the extent of non - compliance or lack of performance;
(b) Issue a written warning to advise that more serious measures
may be taken if the situation is not corrected;
(c) Advise the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question;
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(d) Require the Recipient to reimburse the Division for the amount of
costs incurred for any items determined to be ineligible; or,
(e) Exercise any other rights or remedies which may be available
under law.
B. Pursuing any of the above remedies will not stop the Division from pursuing any
other remedies in this Agreement or provided at law or in equity.
C. If the Division waives any right or remedy in this Agreement or fails to insiston
strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the
Division, or affect the later exercise of the same right or remedy by the Division for any other default by
the Recipient.
16. TERMINATION
A. The Division may terminate this Agreement for cause after thirty days written
notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and
regulations, failure to perform on time, and refusal by the Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as
amended.
B. The Division may terminate this Agreement for convenience or when it
determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in
line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written
notice.
C. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of theAgreement.
D. In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of
damages due the Division from the Recipient is determined.
17. PROCUREMENT
A. As required by Rule 27P- 19.010(7), Florida Administrative Code, the Recipient
"shall comply with all applicable procurement rules and regulations in securing goods and services..."
B. The Recipient shall maintain records sufficient to detail the history of any
procurement. These records will include, but are not necessarily limited to the following:
(1) Rationale for the method of procurement;
(2) Selection of contracttype;
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(3) Contractor selection or rejection; and,
(4) The basis for the contract price.
C. The Recipient shall maintain oversight to ensure that contractors perform in
accordance with the terms, conditions, and specifications of their contracts or purchase orders. In order
to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to
the Division, the progress of any and all subcontractors performing work under this Agreement.
D. If the Recipient chooses to subcontract any of the work required under this
Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive
or non - competitive) at least fifteen (15) days prior to the publication or communication of the solicitation.
The Division shall review the solicitation and provide comments, if any, to the Recipient within three (3)
business days. While the Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as
possible within the three (3) business day window outlined above. If the Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
(1) Terminate this Agreement in accordance with the provisions outlined in a)
0
paragraph 16 above; and,
0
(2) Refuse to reimburse the Recipient for any costs associated with that
solicitation.
E. If the Recipient chooses to subcontract any of the work required under this
Agreement, then the Recipient shall forward to the Division a copy of any contemplated contract prior to
contract execution. The Division shall review the unexecuted contract and provide comments, if any, to
the Recipient within three (3) business days. The Division will review the unexecuted contract for
compliance with all applicable procurement standards. The Division will not substitute its judgment for
that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a
subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the
subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's
review and comments shall not constitute an approval of the subcontract. Regardless of the Division's
review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during
its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies
to the Recipient as quickly as possible within the three (3) business day window outlined above. If the
Recipient executes a subcontract after receiving a communication from the Division that the subcontract
is non - compliant, then the Division may:
12
(1) Terminate this Agreement in accordance with the provisions outlined in
paragraph 17 above; and,
(2) Refuse to reimburse the Recipient for any costs associated with that
subcontract.
F. The Recipient agrees to include in any subcontract the following:
(1) The subcontractor is bound by the terms of this Agreement;
(2) The subcontractor is bound by all applicable state and federal laws and
regulations; and,
(3) The subcontractor shall hold the Division and Recipient harmless against
all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
G. The Recipient shall maintain written standards of conduct covering conflicts of
interest and governing the actions of its employees engaged in the selection, award and administration of
contracts.
H. The Recipient shall conduct any procurement under this agreement in a manner
providing full and open competition. Accordingly, the Recipient shall not:
(1) Place unreasonable requirements on firms in order for them to qualifyto
do business;
companies;
(2) Require unnecessary experience or excessive bonding;
(3) Use noncompetitive pricing practices between firms or between affiliated
(4) Execute noncompetitive contracts to consultants that are on retainer
contracts;
(5) Authorize, condone, or ignore organizational conflicts of interest;
(6) Specify only a brand name product without allowing vendors to offeran
equivalent;
(7) Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
(8) Engage in any arbitrary action during the procurement process; or,
(9) Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
I. The Recipient shall not use a geographic preference when procuring
commodities or services under this Agreement.
J. The Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with section 287.057(1)(a), Florida Statutes.
13
K. The Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with section 2€i7.057(1 }(b), Florida Statutes.
L. For each subcontract, the Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes.
18, ATTACHMENTS
A. All attachments to this Agreement are incorporated as if set out fully,
13. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
C. This Agreement has the following attachments: 9
(11 O)Aftachment J — Mandatory Contract Provisions I-
7
(11 }Attachment K— Justification for Advance Payment
19, PAYMENTS
B. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
im
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's
quarterly reporting as referenced in paragraph 6 of this Agreement.
C. If the necessary funds are not available to fund this Agreement as a result of
action by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to
make any further payment of funds shall terminate, and the Recipient shall submit its closeout report
within thirty days of receiving notice from the Division.
All payments relating to the Agreement shall be mailed to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
20. REPAYMENTS
A. All refunds or repayments due to the Division under this Agreement are to be
made payable to the order of "Division of Emergency Management ", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard a)
0
Tallahassee FL 32399 -2100
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B. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the
face amount of the returned check or draft, whichever is greater.
21. MANDATED CONDITIONS
A. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
B. This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any
provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the
15
provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate
any other provision of this Agreement.
C. Any power of approval or disapproval granted to the Division under the terms of
this Agreement shall survive the term of this Agreement.
D. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 et se g. , which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
E. Those who have been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
F. Any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, a)
0
declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; r_
0
(2) Have not, within a five -year period preceding this proposal been
convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(3) Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
21 F(2) of this certification; and
(4) Have not within a five -year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause ordefault.
G. If the Recipient is unable to certify to any of the statements in this certification,
then the Recipient shall attach an explanation to this Agreement.
H. In addition, the Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment 1) for each intended subcontractor which
16
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Recipient enters into a contract with any subcontractor.
All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postauditthereof.
The Division reserves the right to unilaterally cancel this Agreement if the
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, which the Recipient created or received under this
Agreement.
K. If the Recipient is allowed to temporarily invest any advances of funds underthis
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
L. The State of Florida will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
( "INA ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
M. All expenditures of state financial assistance shall be in compliance with the
laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the
Reference Guide for State Expenditures. a)
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22. LOBBYING PROHIBITION
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A. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
B. No funds or other resources received from the Division under this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
23. COPYRIGHT, PATENT AND TRADEMARK
A. EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS
ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENTARE
HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
B. If the Recipient has a pre- existing patent or copyright, the Recipient shall retain
all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides
otherwise.
17
C. If any discovery or invention is developed in the course of or as a result of work
or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
D. Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre- existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
E. If the Recipient qualifies as a state university under Florida law, then, pursuantto
section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient a
shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made E
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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, N
nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or
0
trademarked work products, developed solely by the Recipient, under this Agreement, for Florida C
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government purposes.
24. LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
By:
Name and Title:
Date:
FID#
DUNS#
Include a copy of the designation of authority for the signatory, if applicable.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Michael Kennett, Deputy Director
Date:
19
ATTACHMENT A
PROPOSED PROGRAM BUDGET AND
BUDGET DETAIL WORKSHEET
The Recipient shall use the Emergency Management Preparedness and Assistance ( "EMPA ") Trust Fund
monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work
(Attachment C).
The "Proposed Program Budget" and the "Budget Detail Worksheet" serve as a guide for both the
Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment
C).
Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget" and
the "Budget Detail Worksheet" listed below. If the Recipient fails to complete either the "Proposed
Program Budget" or the "Budget Detail Worksheet ", then the Division shall not execute this Agreement.
After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed
Program Budget" as well as the information listed in the "Budget Detail Worksheet." If the Recipient
changes the "Proposed Program Budget" or the "Budget Detail Worksheet ", then the Recipient's next
quarterly report must include an updated "Proposed Program Budget" and /or "Budget Detail Worksheet."
Additionally, if the Recipient submits a request for reimbursement to the Division, then the "Proposed
Program Budget" as well as the information listed in the "Budget Detail Worksheet" must match the
information contained in the request for reimbursement.
Grant
Recipient Agency
Category
Amount
Allocated
FY 2017 -2018
Emergency
Management
Preparedness and
Assistance Grant
MONROE COUNTY
Planning Expenditures
Operational Expenditures
$105,806.00
Exercise Expenditures
Training Expenditures
Equipment Expenditures
Total
Award
$105,806.00
20
FY 2017 BUDGET DETAIL WORKSHEET -
Not limited to activities
ELIGIBLE ACTIVITIES
below)
Allowable Planning Costs
Quantity
Unit Cost
Total Cost
Emergency Management/Operation Plan
Communications Plans
Continuity/Administrative Plans
Whole Community Engagement/Planning
Resource Management Planning
Evacuation Planning
Recovery Planning
Credentialing and Validation
Hiring of full or part-time staff or contractors/consultants to
assist with planning activities (not for the purpose of hiring
public safety personnel fulfilling traditional public safety
duties)
Materials required to conduct planning activities
Travel/per them related to planning activities
Overtime and backfill costs
TOTAL PLANNING
EXPENDITURES
Allowable Operational Costs
Quantity
Unit Cost
Total Cost
Hiring of full or part-time staff or contractors/consultants
(temporary employees, student or graduate assistant
fellowships, part time academic employment, consultants and
other services)
1 Senior
Planner
$92,406
$92,406
1 Senior
Planner
$13,400
$13,400
Overtime and backfill costs
Utility (electric, water and sewage)
Telephone Bills (landlines, cellular and satellite)
Internet Services
Maintenance agreements for equipment or series
Supplies
Software and Upgrades
Computers, printers, copiers and fax machines
Radios
Satellite telephones
Storage and shelving for storage
Other emergency response communication
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Furniture
Postage
Apparel for identification
Fuel
Memberships and Conference
Travel
Vehicle(s)
Publications
TOTAL OPERATIONAL
EXPENDITURES
$105,806
Allowable Exercise Costs
Quantity
Unit Cost
Total Cost
Design, Develop, Conduct and Evaluate an Exercise
Exercise Planning Workshop - Funds may be used to plan
and conduct an Exercise Planning Workshop to include costs
related to planning, meeting space and other meeting costs,
materials and supplies, travel and exercise plan development.
Full or Part-Time Staff or Contractors/Consultants - (Full or
part-time staff may be hired to support exercise -related
activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the state or local unit(s) of
government and have the approval of the state or the
awarding agency, whichever is applicable.)
Overtime and backfill costs — Overtime and backfill costs,
including expenses for part-time and volunteer emergency
response personnel participating in approved exercises.
Implementation of Homeland Security Exercise and
Evaluation Program
Travel - Travel costs (i.e., airfare, mileage, per diem, hotel,
etc.) are allowable as expenses by employees who are on
travel status for official business related to the planning and
conduct of the exercise project(s). These costs must be in
accordance with state law. States must also follow state
regulations regarding travel. If a state or territory does not
have a travel policy they must follow federal guidelines and
rates.
Supplies - Supplies are items that are expended or consumed
during the course of the planning and conduct of the exercise
project(s) (e.g., copying paper, gloves, tape, non-sterile
masks, and disposable protective equipment).
TOTAL EXERCISE
EXPENDITURES
$
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Allowable Training Costs
Quantity
Unit Cost
Total Cost
Develop, Deliver and Evaluate Training
Overtime and backfill for emergency preparedness and
response personnel attending sponsored and approved
training classes
Overtime and backfill expenses for part-time and volunteer
emergency response personnel participating in approved
training
Training Workshops and Conferences
Full or Part-Time Staff or Contractors/Consultants
Certification/Recertification of Instructors
Travel
Supplies are items that are expended or consumed during the
course of the planning and conduct of the exercise project(s)
(e.g., copying paper, gloves, tape, non-sterile masks, and
disposable protective equipment)
Instructor certification/re-certification
Coordination with Citizen Corps Councils in conducting
training.
TOTAL
TRAINING EXPENDITURES
$
Eligible Equipment Acquisition Costs
Quantity
Unit Cost
Total Cost
Personal protective equipment
Information technology
Cybersecurity enhancement equipment
Interoperable communications equipment
Detection Equipment
Power equipment
CBRNE Reference Materials
CBRNE Incident Response Vehicles
23
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ATTACHMENT B
ALLOWABLE COSTS AND ELIGIBLE ACTIVITIES
2 CFR Part 200:
Rule 27P- 19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in
accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, 2 CFR
Part 200 ( "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards ") shall apply to this Agreement.
Expenses:
In order to qualify for reimbursement under the terms of this Agreement, an expense incurred by the
Recipient must be reasonable and necessary for the successful completion of a task required by this
Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a
task, then the Division shall not provide any reimbursement for that expense.
NOTE: This Scope of Work recognizes that each Recipient:
• Might be at a different level of preparedness than another Recipient;
• Operates within a unique geography;
• Faces unique threats and hazards; and,
• Serves a unique population.
Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a
task under this Agreement might not qualify as reasonable and necessary for another Recipient to
successfully complete a task. Conversely, what might not qualify for one may qualify for another.
In order to avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a a)
unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the
successful completion of a task under this Agreement, and if the Recipient receives permission from the
Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. 0
Performance: o
In order to qualify for reimbursement under the terms of this Agreement, the Recipient's performance
must satisfy the minimum level of service required for the successful completion of a task required by this
Agreement. If the performance fails to satisfy the minimum level of service, then the Division shall not
provide any reimbursement for that performance.
Equipment:
Provided the cost of the item qualifies as reasonable and necessary for the successful completion of a
task required by this Agreement, an item on the FEMA AEL that is specifically coded for the Emergency
Management Performance Grant ( "EMPG ") Program satisfies the minimum level of service for an
equipment purchase under this Agreement. If an item qualifies as reasonable and necessary, and if the
item is EMPG -coded on the FEMA AEL, then the Recipient does not need to obtain permission from the
Division prior to purchasing the item in order to seek reimbursement.
If the Recipient seeks reimbursement for the purchase of an item that is not EMPG -coded on the FEMA
AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the
Recipient purchases such an item without receiving permission from the Division beforehand, then the
Division shall not provide any reimbursement for that purchase.
Of note, AEL 21GN- 00 -OCEQ (Equipment and Supplies, Information /Emergency Operations /Fusion
Centers) provides authorization for the purchase of equipment and supplies that are necessary to
establish and maintain an Emergency Operations Center.
Allowable equipment includes equipment from the following AEL categories:
25
• Personal Protective Equipment (PPE) (Category 1)
• Information Technology (Category 4)
• Cybersecurity Enhancement Equipment (Category5)
• Interoperable Communications Equipment (Category6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials
(Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14)
• CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category21)
If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant a
Manager for clarification. 6-
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Recipients shall analyze the cost benefits of purchasing versus leasing equipment, especially high cost
items and those subject to rapid technical advances. E
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For more information regarding property management standards for equipment, please reference 2
C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316.
If the recipient seeks reimbursement for equipment activities, then the following shall be submitted:
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• All invoices;
• The AEL # for each purchase; W
• Proof of payment (e.g. canceled check, electronic funds transfer, credit card statementand
payment to credit card company for that statement); and, N
• Proof of purchase methodology (e.g. sole source, state contract, competitive bid results).
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Training and Exercises Generally:
The Multiyear Training and Exercise Plan ( "MYTEP ") serves as a roadmap by which an organization
establishes the priorities necessary to develop and maintain the capabilities required to facilitate effective
response to all hazards faced by that organization. A successful MYTEP:
• Identifies an organization's top priorities for improving its preparedness and response
capabilities; and,
• Defines the cycle of training and exercise activities that shall provide the most benefit in the
development, refinement and maintenance of those capabilities.
Provided the cost qualifies as reasonable and necessary for the successful completion of a task required
by this Agreement, and provided the Division has approved the Recipient's MYTEP, any training or
exercise on the Recipient's MYTEP satisfies the minimum level of service for this Agreement. If the
training or exercise qualifies as reasonable and necessary, and if the training or exercise is included on
the Recipient's Division - approved MYTEP, then the Recipient does not need to obtain permission from
the Division prior to conducting, participating in, or attending that training or exercise.
If the Recipient seeks to conduct, participate in, or attend a training or exercise that is not listed on the
Recipient's Division - approved MYTEP, then the Recipient must receive permission from the Division prior
to conducting, participating in, or attending that training or exercise. If the Recipient conducts,
participates in, or attends a training or exercise that is not listed on the Recipient's Division - approved
MYTEP without receiving permission from the Division beforehand, then the Division shall not provide any
reimbursement for that training orexercise.
Any request to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's
Division - approved MYTEP shall include an updated MYTEP that specifically includes the requested
26
training or exercise. If the request to conduct, participate in, or attend a training or exercise that is not
listed on the Recipient's Division - approved MYTEP does not include an updated MYTEP, then the
Division shall deny the request.
Training:
The Recipient can successfully complete an authorized course either by attending or by conducting that
course.
• In order to receive payment for successfully attending an authorized training course, the
Recipient must provide the Division with a certificate of course completion; additionally, the
Recipient must provide the Division with all receipts that document the costs incurred by the
Recipient in order to attend the course.
• In order to receive payment for successfully conducting an authorized course, the Recipient must
provide the Division with the course materials and a roster sign -in sheet; additionally, the
Recipient must provide the Division with all receipts that document the costs incurred by the
Recipient in order to conduct the course."
• For courses that are non -DHS approved training, the Recipient must request approval to conduct
training using the Non -TED Form and provide a copy, along with email, showing approval granted
for conduct.
• For the conduct of training workshops, the Recipient must provide a copy of the course materials
and sign -in sheets.
Further guidance concerning the TEP and the TEPW can be found at httr): / /www.fema.aov /exercise
Training shall foster the development of a community- oriented approach to emergency management that a)
emphasizes engagement at the community level, strengthens best practices, and provides a path toward
building sustainable resilience.
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Allowable training - related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to
administering the training: planning, scheduling, facilities, materials and supplies, reproduction of
materials, and equipment. Training shall provide the opportunity to demonstrate and validate
skills learned, as well as to identify any gaps in these skills. Any training or training gaps,
including those for children and individuals with disabilities or access and functional needs, shall
be identified in the Multi -year TEP and addressed in the training cycle. States are encouraged to
use existing training rather than developing new courses. When developing new courses states Z
are encouraged to apply the Analysis Design Development and Implementation Evaluation a °
(ADDIE) model for instruction design.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to E
backfilling personnel, which are the direct result of attendance at approved training courses and
programs are allowable. These costs are allowed only to the extent the payment for such services
is in accordance with the policies of the state or unit(s) of local government and has the approval
of the state. In no case is dual compensation allowable. That is, an employee of a unit of 0-
government may not receive compensation from their unit or agency of government AND from an LU
award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may Co
benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by a °
employees who are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors /Consultants. Full or part -time staff or >
CD
contractors /consultants may be hired to support direct training - related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of the stateor unit(s) of local Z.;
government and have the approval of the state.
27
• Certification /Recertification of Instructors. Costs associated with the certification and re-
certification of instructors are allowed. States are encouraged to follow the FEMA Instructor
Quality Assurance Program to ensure a minimum level of competency and corresponding levels
of evaluation of student learning. This is particularly important for those courses involving the
training of trainers.
For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a
course. For questions regarding adequate number of participants please contact the FDEM State
Training Officer for course specific guidance. Unless the recipient receives advance written approval from
the State Training Officer for the number of participants, then the Division shall reduce the amount
authorized for reimbursement on a pro -rata basis for any training with less than 15 participants.
If the recipient seeks reimbursement for training activities, then the following shall be submitted:
• Approval of emergency management training that has been identified on the current Multi -Year
Exercise Plan (MYTEP);
• Sign -in sheets, rosters and an agenda;
• Documentation from recipient's financial system showing attendees were paid;
• Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit
card statement and payment to credit card company for that statement) for any expenditures in
support of the training (e.g. printing costs, costs related to administering the training, planning,
scheduling, facilities, materials and supplies, reproduction of materials, and equipment);
• Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to
training activities; and,
• Proof of purchase methodology (e.g. sole source, state contract, competitive bid results).
Exercises:
Allowable exercise - related costs include: N
• 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 0
supplies, travel, and documentation. Recipients are encouraged to use free public r_
space /locations /facilities, whenever available, prior to the rental of space /locations /facilities.
Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to
identify any gaps in these skills. Gaps identified during an exercise including those for children
and individuals with disabilities or access and functional needs, shall be identified in theAAR /IP
and addressed in the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors /Consultants. Full or part —time staff may be
hired to support direct exercise activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the state or unit(s) of local government and have the approval of a°
the state. The services of contractors /consultants may also be procured to support the design,
development, conduct and evaluation of exercises. E
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of time spent on the design, development and
conduct of exercises are allowable expenses. These costs are allowed only to the extent the
payment for such services is in accordance with the policies of the state or unit(s) of local 0-
government and has the approval of the state. In no case is dual compensation allowable. That LU
is, an employee of a unit of government may not receive compensation from their unit or agency co
of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even >_
though such work may benefit both activities. a°
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by
employees who are on travel status for official business related to the planning and conduct of the >
exercise activities.
• Supplies. Supplies are items that are expended or consumed during the course of the planning Z.;
and conduct of the exercise activities (e.g., gloves, non - sterile masks, and disposable protective
equipment). E
r
28
Implementation ofHSEEP. This refers to costs related to developing and maintaining an
exercise program consistent with HSEEP.
Otherltems. These costs are limited to items consumed in direct support of exercise activities
such as the rental of space /locations for planning and conducting an exercise, rental of
equipment, and the procurement of other essential nondurable goods. Recipients are encouraged
to use free public space /locations, whenever available, prior to the rental of space /locations.
Costs associated with inclusive practices and the provision of reasonable accommodations and
modifications that facilitate full access for children and adults with disabilities are allowable.
Unauthorized exercise - related costs include:
• Reimbursement for the maintenance and /or wear and tear costs of general use vehicles (e.g.,
construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The
only vehicle costs that are reimbursable are fuel /gasoline ormileage.
• Equipment that is purchased for permanent installation and /or use, beyond the scope of exercise
conduct (e.g., electronic messaging signs)
• Durable and non - durable goods purchased for installation and /or use beyond the scope of
exercise conduct
If the recipient seeks reimbursement for exercise activities, then the following shall be submitted:
• Documentation clearly indicating the purpose /objectives of the exercise (e.g. Situation Manual,
Exercise Plan);
• After - action report, Sign -In sheets, Agenda, Rosters;
• Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit
card statement and payment to credit card company for that statement) for supplies expenditures E
W
(e.g. copying paper, gloves, tap, etc.);
• Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to N
exercise activities; and,
• Proof of purchase methodology (e.g. sole source, state contract, competitive bid results).
0
No later than 90 days after completion of an exercise, the recipient shall upload to the Division's
SharePoint portal at: htt s: / /portal.floridadisaster.org an After Action Report (AAR) that includes the
following:
• An Improvement Plan; and,
• A roster of participants.
Conferences:
The Division recognizes the important role that conferences can play in the professional development of
emergency managers.
2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or
event whose primary purpose is the dissemination of technical information beyond the non - Federal entity
and is necessary and reasonable for successful performance under the Federal award."
Rule 691- 42.002(3), Florida Administrative Code, defines the term conference as:
[T]he coming together of persons with a common interest or interests for the purpose of
deliberation, interchange of views, or for the removal of differences or disputes and for
discussion of their common problems and interests. The term also includes similar
meetings such as seminars and workshops which are large formal group meetings that
are programmed and supervised to accomplish intensive research, study, discussion and
work in some specific field or on a governmental problem or problems. A conference
does not mean the coming together of agency or interagency personnel.
29
This Agreement requires the Recipient to attend Current Issues in Emergency Management ( "CIEM "), a
meeting hosted by the Division.
In order for travel to a conference or convention to qualify for reimbursement, the cost must be
reasonable and attendance at the conference must be necessary for the successful completion of a task
required by this Agreement.
Provided the cost qualifies as reasonable and necessary for the successful completion of a task required
by this Agreement, travel to a conference that complies with the requirements of Rule 691- 42.004, Florida
Administrative Code, satisfies the minimum level of service for conference travel under this Agreement.
In pertinent part, Rule 691- 42.004(1), Florida Administrative Code, states " No public funds shall be
expended for attendance at conferences or conventions unless:
• The main purpose of the conference or convention is in connection with the official business of
the state and directly related to the performance of the statutory duties and responsibilities of the
agency participating;
• The activity provides a direct educational or other benefit supporting the work and public purpose
of the person attending;
• The duties and responsibilities of the traveler attending such meetings are compatible with the
objectives of the particular conference or convention; and
• The request for payment of travel expenses is otherwise in compliance with these rules."
Provided the cost qualifies as reasonable and necessary for the successful completion of a task required
by this Agreement, and provided any related travel complies with the requirements of Rule 691- 42.004,
Florida Administrative Code, the following conferences qualify for reimbursement under this Agreement:
• Florida Emergency Preparedness Association Annual Meeting;
• Florida Emergency Preparedness Association Mid -Year Work Session;
• National Hurricane Conference;
• Governor's Hurricane Conference;
• Florida Hazardous Materials Symposium;
• FDEM Private Sector Summit; and,
• Rural County Summit hosted by Gadsden County Sheriff's Office.
The above list is not exhaustive.
Requests for reimbursement for payment of the registration fee or for a conference or convention must
include:
• A statement explaining how the expense directly relates to the Recipient's successful
performance of a task outlined in this Agreement;
• A copy of those pages of the agenda that itemizes the registration fee; and,
• A copy of the travel voucher or a statement that no travel costs were incurred, if applicable.
When a meal is included in a registration fee, the meal allowance must be deducted from the
reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section
112.061(6)(c), Florida Statutes ( "No one, whether traveling out of or in state, shall be reimbursed for any
meal or lodging included in a convention or conference registration fee paid by the state. "). A continental
breakfast is considered a meal and must be deducted if included in a registration fee for a convention or
conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be
allowed to claim the meal allowance provided by law.
30
Class A, Class B, and Class C Travel:
Class A travel is continuous travel of 24 hours or more away from official headquarters. The
travel day for Class A is based on a calendar day (midnight to midnight).
Class B travel is continuous travel of less than 24 hours which involves overnight absence away
from official headquarters. The travel day for Class B travel begins at the same time as the travel
period.
Class C travel is short or day trips in which the traveler is not away from his /her official
headquarters overnight. Class C allowances are currently not authorized for reimbursement.
Meal Allowance and Per Diem:
Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel
period as follows:
• $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8a.m.);
• $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and,
• $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or whentravel
occurs during nighttime hours due to special assignment.).
Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed:
• The authorized per diem for each day of travel; or,
• If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s
112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancyrate.
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 N
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. a)
0
Reimbursement for Meal Allowances That Exceed the State Rates:
0
The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or
$19 for dinner unless:
For counties — the requirements of section 119.061(14), Florida Statutes, are satisfied;
The costs do not exceed charges normally allowed by the Recipient in its regular operations as
the result of the Recipient's written travel policy (in other words, the reimbursement rates apply
uniformly to all travel by the Recipient); and,
The costs do not exceed the reimbursement rates established by the United States General
Services Administration ( "GSA ") for that locale (see https: / /www.gsa.gov /portal /content /104877)
Hotel Accommodations:
A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one -way)
of his or her headquarters or residence unless the circumstances necessitating the overnight stay are
fully explained by the traveler and approved by the Division.
Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per
night.
Travel Reimbursement Forms:
Unless the Recipient has received prior approval from the Florida Department of Financial Services
( "DFS "), the Recipient shall use the travel forms incorporated by reference in Rule 691- 42.003, Florida
Administrative Code. Those forms include:
• The Authorization to Incur Travel Expense, Form DFS- AA -13;
31
• The Application for Advance on Travel Expenses, Form DFS- AA -25; and,
• The Voucher for Reimbursement of Travel Expenses, Form DFS- AA -15.
If the Recipient has not received permission from DFS to use an alternate form, and if the Recipient
submits a request for reimbursement without including the applicable DFS forms listed above, then the
Division shall not provide any reimbursement for that travel.
Planning:
Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for
determining potential threats and hazards, required capabilities, required resources, and establishes a
framework for roles and responsibilities. Planning provides a methodical way to engage the whole
community in the development of a strategic, operational, and /or community -based approach to
preparedness.
Plans shall have prior review and approval from the respective DEM program area. Funds may not be
reimbursed for any plans that are not approved.
Program funds may be used to develop or enhance emergency management planning activities. Some
examples include:
• Emergency Management/Operation Plans;
• Communications Plans;
• Continuity /Administrative Plans;
• Whole Community Engagement /Planning;
• Resource Management Planning;
• Evacuation planning;
• Recovery Planning; and,
• Credentialing and Validation.
If the Recipient seeks reimbursement for planning activities, then the following shall be submitted: 0)
•
Copies of contracts, Memorandum of Understandings or agreements with consultants or sub- o
contractors providing services;
•
Documentation that clearly indicates hours worked for full or part -time staff or
contractors /consultants and proof employee was paid;
•
Time and attendance forms for full or part -time staff or contractors /consultants who participated in
the planning;
•
Invoice from any consultant /contractor involved in the planning (Note — grant agreement must be
referenced on the invoice); a°
•
Copies of all planning materials and work product (e.g. meeting documents, copies of plans);
•
If a meeting was held by Recipient, an agenda and signup sheet with meeting date mustbe E
included;
•
Proof of payment (e.g. canceled check, electronic funds transfer, credit card statementand
payment to credit card company for that statement);
•
Complete Debarment form for any contractors /consultants; o°
•
Proof of purchase methodology (e.g. sole source, state contract, competitive bid results); LU
•
Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to co
planning activities; and, >_
•
If billing for overtime and /or backfill, provide documentation that list attendee names, department,
# of hours spent at training, hourly rate and total amount paid to each attendee.
Operational:
EMPA Program funds may be used for all emergency management operations, staffing, and other day -to-
day activities in support of emergency management. Personnel costs, including salary, overtime,
compensatory time off, and associated fringe benefits, are allowable costs with EMPA program funds.
32
The quarterly minimum acceptable standard is to have the qualified staffing level for the county based
upon Rules 27P- 11.004 and 27P- 11.0061 (definition below). Each Emergency Management staff person
must be available to work the number of hours and assume the responsibilities for the duties in their
official position description as well as provide the coordination and support for all incidents within the
jurisdiction on a 24 hour basis.
Personnel costs 27P- 11.004, 27P- 11.0061:
(1) Counties with populations of 75,000 or more must have a full time emergency management
director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency
management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized
by the Governor by executive order or rule, are encouraged to have a full time director. However,
as a minimum, such a county must have an emergency management coordinator who works at
least 20 hours a week in that capacity. "Full -time Emergency Management Director" means a
single professional emergency management program Administrator working full -time as identified
in the position description established by the governing body of thejurisdiction.
(2) The county must have an emergency management program that has been approved by the
Division of Emergency Management. Program approval shall require: compliance with
appropriate federal and state laws, rules and regulations; satisfactory completion of work
elements of the previous year; and, a current proposal containing work elements commensurate
with the needs of that county and a proposed budget.
Eligible "Operational" items include, but are not limited to:
• Salary and Benefits
• Expenses
• Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite)
• Internet Service
•
Maintenance Agreements for equipment or services (reimbursement can only be claimed for
services within the Agreement period) 0
•
General Office Supplies
•
Memberships and Conference Travel as it relates to the Scope of Work
•
Software and upgrades
•
Publications and Training Materials 7
•
Postage
•
Apparel for identification of Emergency Management Staff in thefield
•
Fuel for Emergency Management vehicles
•
Food /Beverages for activations (must have Governor's Executive Order or a declared Local State U_
of Emergency or prior approval from DEM /DFS)
•
Travel to /from meetings and conferences related to emergency management °
E
•
Travel to training and /or exercises related to emergency management
•
Other Personal /Contractual Services
• Reimbursement for services by a person(s) who is not a regular or full time employee filling
established positions. This includes but is not limited to, temporary employees, student or
graduate assistants, fellowships, part time academic employment, board members,
consultants, and other services. co
• 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 U_
requests shall be sent to the grant manager for the Division forreview.
If the recipient seeks reimbursement for operational activities, then the following shall be submitted:
• Documentation that clearly indicates hours worked for full or part -time staff or
contractors /consultants and proof employee was paid.
• Time and attendance form for full or part -time staff orcontractors /consultants.
33
Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit
card statement and payment to credit card company for that statement) for any expenditures in
support of operational costs.
An agenda for any attending meeting /conference.
Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to
operational activities.
34
ATTACHMENT C
SCOPE OF WORK
Emergency Management, Preparedness, and Assistance ( "EMPA ")
In 1993, in the aftermath of Hurricane Andrew, the Florida Legislature passed C.S.S.B. No. 1858, entitled
"Disaster and Emergency Preparedness — Trust Fund." In addition to modifying other statutory sections,
the legislation created sections 252.371 through 252.373, Florida Statutes.
Section 252.371, Florida Statutes, establishes the Emergency Management, Preparedness, and
Assistance ( "EMPA ") Trust Fund, which the Division administers. Section 252.372, Florida Statutes,
imposes:
• An annual $2 surcharge on "every homeowner's, mobile home owner's, tenant homeowner's, and
condominium unit owner's policy "; and,
• An annual $4 surcharge on "every commercial fire, commercial multiple peril, and business
owner's property insurance policy."
In accordance with Section 252.372, Florida Statutes, all proceeds from the surcharges "shall be
deposited in the [EMPA] Trust Fund..." Section 252.373, Florida Statutes, provides for the allocation of
monies from the EMPA Trust Fund, authorizes the Division to promulgate rules, and establishes minimum
requirements.
Emergency Management an Innate Responsibility
Section 252.38, Florida Statutes, states: "Safeguarding the life and property of its citizens is an innate
responsibility of the governing body of each political subdivision of the state."
Definitions
a)
0
• Emergency
0
Section 252.34(4), Florida Statutes, defines the term "emergency" as "any occurrence, or threat thereof,
whether natural, technological, or manmade, in war or in peace, which results or may result in substantial
injury or harm to the population or substantial damage to or loss of property." _.
• Emergency Management
Section 252.34(5), Florida Statutes, defines the term "emergency management" as "the preparation for,
the mitigation of, the response to, and the recovery from emergencies and disasters."
• County Emergency Management Agency
Rule 27P- 19.002(3), Florida Administrative Code, defines the term "County Emergency Management
Agency" as "one of the sixty -seven (67) emergency management agencies authorized, established and
maintained by each county pursuant to Section 252.38, [Florida Statutes]."
• Base Grant
Rule 27P- 19.002(1), Florida Administrative Code, defines the term "base grant" as "those funds allocated
in accordance with the formula in Rule 27P- 19.005, F.A.C., as a minimum allocation to County
Emergency Management Agencies."
Base Grant Funds
Consistent with Rule 27P- 19.010(11), Florida Administrative Code, the Division shall determine allowable
costs in accordance with 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards."
35
In accordance with Rule 27P- 19.005(1), Florida Administrative Code, the Division awards base grant
funds to each county "for the use and benefit of the County Emergency Management Agency."
In accordance with Rule 27P- 19.005(2), Florida Administrative Code, the recipient may use base grant
funds for any of the following categories:
Management and Administration;
Training (Planning, Training, and Exercises, or "PT &E "); and
Operations:
• Salaries of emergency management staff;
• Equipment included on the Department of Homeland Security Authorized Equipment List
( "AEL ") for the Emergency Management Performance Grants (EMPG);
• Fuel and maintenance for dedicated emergency management equipment;
• Office supplies for a County Emergency Management Agency; and,
• Operational costs for a County Emergency Operations Center.
Supplanting Prohibited
Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to
supplant existing funding." Additionally, Rule 27P- 19.003(3), Florida Administrative Code, states: "Funds
received from the [EMPA] Trust Fund may not be used to supplant existing funding...."
Annual Certification
Rule 27P- 19.004(1), Florida Administrative Code, requires that, in order to receive EMPA funding, "each
County Emergency Management Agency shall annually certify their commitment to employ and maintain
either a Full -time Director or Part -time Coordinator consistent with subsections 27P- 19.005(4) and (5),
F.A.C."
36
Task One: All- Hazards Count Emer enc Mana ementA enc
Throughout the period of this Agreement, the Recipient shall administer an all- hazard, county emergency
management agency that includes preparedness, mitigation, response, and recovery components and
capabilities.
Pursuant to Section 252.38(1)(c), F.S., the County Emergency Management Agency shall perform
emergency management functions throughout the territorial limits of the county in which it is organized
Additionally, the County Emergency Management Agency shall conduct such activities outside its
territorial limits as required by law and in accordance with state and county emergency management
plans and mutual aid agreements.
The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities'
requests for state and federal assistance during post- disaster emergency operations. If the Recipient is a
county with a population of 75,000 or more, then the Recipient shall employ a full -time county emergency
management director. If the Recipient is a county with a population less than 75,000, or if the Recipient is
a county that is a party to an inter - jurisdictional emergency management agreement entered into pursuant
to Section 252.38(3)(b), F.S., then the Recipient shall employ either:
An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or,
A full -time director.
Task One Deliverables:
as
In order to demonstrate successful completion of Task 1, the Recipient shall submit to the Division the o
following:
2
For quarter 1, the following certification: "As required by Rule 27P- 19.004(1), Florida
Administrative Code, and as a condition precedent to receiving any funds under thisAgreement,
the Recipient certifies its commitment to continuously employ and maintain a full -time County c�
Emergency Management Agency Director or a part -time County Emergency Management
Agency Coordinator consistent with subsections 27P- 19.005(4) and (5), Florida Administrative
Code. "; Z
• For quarters 1, 2, 3, and 4, the quarterly report outlined in AttachmentD; a °
• For quarters 1, 2, 3, and 4, the Recipient must identify which employees of the Recipient are
responsible for the following areas as they pertain to Emergency Management (this can include E
any employee of the County, not just an employee of the County Emergency Management
Agency):
• Preparedness;
• Response; o-
• Recovery; LU
• Mitigation; and, co
• Finance (to include procurement). >_
• For quarters 1, 2, 3, and 4, timesheets or paystubs for a full -time County Emergency
Management Director or a part -time Coordinator if a part -time coordinator is authorized under
Rule 27P- 19.004(3), F.A.C.; and, >
• For quarter 2, all employees of the County Emergency Management Agency, and anyemployee
identified in subparagraph 3 above, shall upload into the Division's SERT TRAC the course
completion certificates for any FEMA course ( "G ", "IS ", or other FEMA course) and any Division
course ( "FU or other Division course) that pertains to the following areas:
37
• Preparedness;
• Response;
• Recovery;
• Mitigation; and,
• Finance (to include procurement).
For Task 1, the person who executes the certification must possess the legal authority to bind the
Recipient.
In lieu of submitting physical copies of course completion certificates via mail, the Recipient may upload
those documents to the Division's SharePoint portal at: https: //p ortal.floridadisaster.orq If the Recipient
chooses to upload course completion certificates to SharePoint, then the Recipient shall annotate that
fact on its quarterly report. As long as the information uploaded to SharePoint is current, the Recipient
does not need to upload course completion certificates more than once.
38
Task Two - 24 -7 Emer enc O erations Res onse Ca abilities
Throughout the period of this Agreement, the Recipient shall maintain the capability to respond to all
hazards, 24 hours a day, 7 days a week.
Task Two Deliverables:
In order to demonstrate successful completion of Task 2, the Recipient shall submit to the Division the
following:
• For quarters 1, 2, 3, and 4, proof that, at least 10 times each quarter, the Recipient has
successfully participated in the Division's weekly communication tests;
• For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Statewide MutualAid
requirements contained in Attachment E;
• For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Geospatial Information Systems
(GIS) requirements contained in Attachment F;
• For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Hurricane Shelter Retrofit
requirements contained in Attachment G; and,
• For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Logistics requirements contained
in Attachment H.
39
Task Three - Local Bud et Match
Throughout the period of this Agreement, and as required by Rule 27P- 19.011(1), Florida Administrative
Code, the Recipient shall match base grant funds "at the amount either equal to the average of the
previous three years' level of county general revenue funding of the County Emergency Management
Agency or the level of funding for the County Emergency Management Agency for the last fiscal year,
whichever is lower."
NOTE: Rule 27P- 19.011(1), Florida Administrative Code, states: "County general revenue funding for
911 services, emergency medical services, law enforcement, criminal justice, public works or other
services outside the emergency management responsibilities assigned to the County Emergency
Management Agency by Section 252.38, F.S., shall not be included in determining the level of county
funding of the County Emergency Management Agency."
Task Three Deliverables:
In order to demonstrate successful completion of Task 3, the Recipient shall submit to the Division the
following:
For quarter 1, the following certification executed by the Recipient: "As required by Rule 27P-
19.011, Florida Administrative Code, and as a condition precedent to receiving any funds under E
this Agreement, the Recipient certifies compliance with all of the requirements contained in
Chapter 27P -19, Florida Administrative Code. "; a)
• For quarters 1, 2, 3, and 4, a current and accurate Local Budget Match Requirement Form (Form
3); and,
• For quarters 1, 2, 3, and 4, a current and accurate County Emergency Management Local Budget 0
(General Revenue).
0
For Task 3, the person who executes the certification must possess the legal authority to bind the
Recipient.
In accordance with Rule 27P- 19.011(2), Florida Administrative Code, and if "exceptional financial
circumstances" exist, then the Recipient may request from the Division a match reduction:
If the Base Grant recipient demonstrates that exceptional financial circumstances prevent
the Base Grant recipient from complying with the match requirements in subsection 27P-
19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize
a reduction in the amount of match required. The match required shall not be reduced by
a percentage amount in excess of reductions in funding for county 911 services,
emergency medical services, law enforcement, criminal justice, public works or other
emergency management related services. To be eligible for any reduction, the Base
Grant recipient shall demonstrate and certify that the reduction is due to reductions in
county general revenue funding and that the amount of the requested reduction is
equivalent to across the board reductions in all county budgets. County requests for
reduction shall be signed by the county's chief elected officer and the certification of
reduction in county budget funding shall be signed by the county's chief financial officer.
Requests shall certify the intent to return to pre- reduced funding as soon as practicable,
and shall provide an estimate of the date at which the county will return to the current
level of funding. Requests for reduction shall also be accompanied by financial 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
40
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.
In lieu of submitting physical copies of the Local Budget Match Requirement Form and the County
Emergency Management Local Budget via mail, the Recipient may upload those documents to the
Division's SharePoint portal at: bqp§.//portal.floridadisaster.org If the Recipient chooses to upload those
documents to SharePoint, then the Recipient shall annotate that fact on its quarterly report. As long as
the information uploaded to SharePoint is current and accurate, the Recipient does not need to upload
those documents more than once.
41
Task Four —Current Issue in Emerillenc Iif Mana ement CIEM
During the quarter that the meeting is held, the full -time County Emergency Management Director or the
part -time Coordinator if a part -time coordinator is authorized under Rule 27P- 19.004(3), F.A.C., shall
attend the Current Issues in Emergency Management ( "CIEM ") meeting hosted by the Division.
Task Four Deliverables:
In order to demonstrate successful completion of Task 4, the recipient shall submit to the Division the
following:
Certificate of attendance; and,
If requesting grant reimbursement, a completed DFS state travel form.
42
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a
quarterly basis for the documented costs incurred during the successful completion of the task(s) required
by this Agreement. However, the following limitations shall apply:
In any quarter, the Division shall not reimburse the Recipient for an amount that exceeds 40% of
the overall amount authorized by this Agreement; and,
The cumulative amount of reimbursement for quarters 1, 2, and 3 shall not exceed 85% of the
overall amount authorized by this Agreement.
If extraordinary circumstances exist, then the Recipient can request permission from the Division to
exceed the 40% cap for a particular quarter. However, under no circumstances shall the cumulative
reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this
Agreement.
Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the
applicable deliverables, shall result in the following penalty:
A 10% reduction of the overall amount authorized by this Agreement.
The Division shall apply the penalty each quarter during which the Recipient fails to successfully complete
each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each
penalty shall be applied cumulatively.
If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully
perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the
Division agrees that the inability to perform was directly due to circumstances beyond the control of the 0)
Recipient, then the Division will consider waiving the imposition of a financial consequence. L-
0
43
ATTACHMENT D
QUARTERLY REPORTS
Recipients must provide the Division with quarterly financial reports, mid -year and end -of -year summary
progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close -out
report. Reporting Forms are located in the attachment titled "Reporting Forms," and can be found on the
Division's internet site.
• Quarterly financial reports are due to the Division no later than thirty days after the end of each
quarter of the program year; and must continue to be submitted each quarter until submission of
the final close -out report. The ending dates for each quarter of this program year are September
30, December 31, March 31 and June 30.
Reporting Period
Report due to FDEM no later than
January 1 through March 31
April 30
April 1 through June 30
July 31
July 1 through September 30
October 31
October 1 through December 31
January 31
• The Recipient must provide the Division with full support documentation for the quarterly financial E
reports. To eliminate large files and mailings, the Division shall accept back up documentation on
a CD if desired by the county. a)
• The Quarterly Tasks form is due with your quarterly financial report each quarter. This form
identifies all Emergency Management personnel's required training completed (or working
towards completion) during the agreement period. o
• In order to ensure compliance with Rule 27P- 19.011, the Local Budget Match RequirementForm
shall be completed and sent when the Local County Budget is approved or by the end of the first
quarter. The County shall provide a copy of the current Emergency Management Local Budget
(General Revenue) with the form. If the County's current budget is lower than the previous year,
or the average of the last three years, the county is required to request a Waiver no later than 45 c�
days after the county budget is approved.
• In a format provided by the Division, a proposed staffing summary must be submitted by
November 15, 2017. Also, each funded county emergency management position description z
must be submitted to the Division no later than November 15, 2017.
U_
• Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the grant manager.
• The final close -out report is due forty -five (45) days after termination of this Agreement.
Any requests received after August 15, 2018, at the discretion of the Division, may not be
reimbursed from this Agreement.
• Programmatic Point of Contact:
Contractual Point of Contact
Programmatic Point of Contact
Michael J. Day
Karen Lyons
FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399 -2100
Tallahassee, FL 32399 -2100
(850) 815 -4346
(850) 815 -4325
Michael.day @em.myflorida.com
Karen.lyons @em.myflorida.com
44
• The Division shall determine eligibility of projects and approve changes in Scope of Work.
• The Division shall administer the financial processes.
45
ATTACHMENT E
STATEWIDE MUTUAL AID
Statewide Mutual Aid — The Recipient must be a signatory to the agreement. If the Recipient is not a
signatory to the agreement, then the Recipient must execute a current State Mutual Aid Agreement
(SMAA) (27P- 19.006) into Division's SharePoint portal by the end of the first quarter and annually upload
the SMAA Form C (POC Contacts) to the Division's SharePoint portal at: https:/ rtal.floridadisaster.orq.
46
ATTACHMENT F
GEOSPATIAL INFORMATION SYSTEMS (GIS)
Geoaraohical Information - The Recipient shall upload current GIS Data to the Division's SharePoint
portal at: https: //p ortal.floridadisaster.orq. Current Geospatial Information Systems (GIS) data includes:
• Location and attribute information of all fire rescue, law enforcement, public safety and
emergency service stations; and,
• Location and attribute information of other critical facilities as deemed necessary by the County
Emergency Manager.
Attribute information shall include: facility name, facility type, physical address, and USNG coordinates
OR Latitude /Longitude in decimal degrees (only one or the other is required).
NOTES:
• Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted.
Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to
the SharePoint portal.
• If a county maintains a GIS data download website, that URL may simply be provided.
• If counties have no changes since the last agreement period, a statement of "no change" shall be
submitted via the SharePoint portal.
• Critical facility inventory spreadsheets provided shall contain more facility types than are required
to be reviewed.
47
ATTACHMENT G
HURRICANE SHELTER RETROFIT
Hurricane Shelter Retrofit - In accordance with Florida's statewide hurricane shelter space deficit E
elimination program, the Recipient must upload items A- E on the Division's SharePoint portal by the end
of the 4th Quarter at: https : / /portal.floridadisaster.orq. The responses collected in this task are the basis 0
for the Shelter Retrofit Report as required by 25238 F.S. Each county's current Shelter Inventory
Spreadsheet shall be available on SharePoint for reference.
�a
A. Hurricane shelter deficit reduction progress information.
1. Submit a list of newly constructed "as -is ", retrofit and or Enhanced Hurricane Protection
Areas (EHPA) facilities. If none, enter "none ".
2. Submit any corrections needed on the Shelter Inventory Spreadsheet. If none, enter "no °
corrections needed, the information is correct ".
B. Current or newly completed hurricane shelter retrofit projects. °
1. List all hurricane shelter retrofit projects completed in the previous fiscal year regardless of
CL
funding source(s). If none, enter "none ".
2. List potential hurricane shelter retrofit projects. Listing projects is the first step for grant E
eligibility. If none, enter "none ".
CU
C. Update Special Needs Shelters' (SpNS) powersystems.
1. Respond yes or no to this statement on the SharePoint portal:
All designated SpNS have a standby power system or capability with adequate capacity to >
support life- safety systems, essential lighting and outlet receptacles, air - conditioning, and
necessary medical equipment.
2. If no, upload a strategy so that all designated SpNS shall have a standby power capability E
with adequate capacity to support life- safety systems, essential lighting and outlet W
receptacles, air - conditioning, and necessary medical equipment. For those designated SpNS
facilities without a permanently equipped standby electric generating capacity, a locally N
sourced temporary electric generator with adequate capacity to support the standby power
system requirements shall be provided.
D. Update SpNS client space capacity.
1. Respond yes or no to this statement on the SharePoint portal: o
The county has designated sufficient SpNS client spaces to meet the anticipated five -year
demands as determined by the 2018 Statewide Emergency Shelter Plan (published
January 31, 2018).
2. If no, upload a strategy to achieve sufficient SpNS client spaces to meet the anticipated five -
year demands as determined by the 2018 Statewide Emergency Shelter Plan (January 31, 2018).
E. Upload a brief report on results of the year's coordination with school boards, community colleges and z
universities (as applicable). The most recent published Statewide Emergency Shelter Plan provides E:
guidance for implementation of the criteria. The Report to the Division shall discuss, at an executive
level, the results of the meeting(s) including: E
E
1. Status of EHPA or new construction projects from previous reports to the Division
2. List of Tanned facilities/buildings s e.
p g ( g., initial name /title of the project (such as, High School �
AAA), location and estimate of shelter space floor area or spaces) that the educational
agency shall design and /or build in the coming two (2) years; and five (5) years. <
3. List of facilities /buildings that shall be designed and constructed as EHPA, include (if 2
available) anticipated hurricane shelter space capacity.
4. List of facilities /buildings for which an exemption from EHPA shall be requested, and
anticipated statute or code -based cause(s) for such exemption(s). U_
5. List of facilities /buildings where future retrofitting may be practical to assist in creating shelter
space.
6. Upload a copy of the participant sign -in sheet with agency affiliation shown, and a copyof
any meeting minutes (or similar documentation).
48
ATTACHMENT H
LOGISTICS
Loaistics - The Recipient shall upload a current County Logistics strategy /plan that is consistent with
recommended guidance found in the County Logistics and Points of Distribution (POD) Standard
Operating Guide (SOG) (CEMP 2355 of 2006) into the Division's SharePoint portal at:
https : / /Portal.floridadisaster.org The strategy /plan shall include, but is not limited to the following:
A. County Logistics Section organization and partners.
B. Gap Analysis of identifying necessary resources (people /teams, locations /facilities,
equipment and commodities; and the Mission Management Process on how the county
accesses and dispatches those resources (Contracts, MOU's, Mutual Aid, State Assistance,
Federal Assistance).
C. County Government Emergency Fuel Strategy (ESF 12).
D. How the County coordinates with private business and industry in meeting emergency
community resource needs (ESF 18).
E. List of local vendors, with which the Recipient has a Memorandum of Agreements or
contracts that shall provide resources in an emergency (Can be an Annex to the Plan and
need only be updated every three years unless changes are made).
F. Location, survey forms and attributes information for County Logistics Staging Areas (Can be
an Annex to the Plan and need only be updated every three years unless changes are
made).
G. Location and attribute information for County Points of Distribution (POD) sites and Comfort
Stations (Can be an Annex to the Plan and need only be updated every three years unless
changes are made).
49
ATTACHMENT
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title FDEM Contract Number
Street Address Grant Number
City, State, Zip
Date
50
ATTACHMEMT J
MANDATORY CONTRACT PROVISIONS
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix 11 to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the require provisions.
The Division provides the following list of sample provisions that may be required:
OMB Guidance
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52
I
ATTACHMENT K
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY /LINE ITEMS
20 20_Anticipated Expenditures for First Three Months of
(list applicable line items)
Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the advance will be
expended within the first ninety (90) days of the contract term. Support documentation should include quotes for
purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary
support that the advance will be expended within the first ninety (90) days of the contract term. Any advance
funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier,
2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any
interest earned on the advance)
53