18-FG-7A-11-54-01-106 07/19/2017KEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: August 15, 2017
TO: Jeff Manning
Emergency Services /Stop 14
FROM: Painela G. Hanco *C-
SUBJECT: July 19th BOCC Meeting
Attached are four duplicate originals of Item C15, Agreement with the State of Florida,
Division of Emergency Management concerning an Emergency Management Performance
Grant (Contract #1 8-FG-74- 11-54-01 -14) in the amount of $66,884.00, fully grant funded and
no county match, for your handling.
Once signed by die state, please be sure to return two fully executed originals to me, for die
record as well as Finance. Should you have any questions, please feel free to contact me at ext.
3130. Thank you.
cc: County Attorney w/o document
Finance
File,/
Contract Number: 18 -FG74 - 11- 54 -01 -ffib
FEDERALLY- FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "sub -award may be provided through any form of legal agreement, including an
agreement that the pass- through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass- through entity" means "a non - Federal entity that provides a sub -award to
a sub - recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub - Recipient" means "a non - Federal entity that receives a sub -award from a
pass- through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity
receives directly from a Federal awarding agency or indirectly from a pass- through entity."
As defined by 2 C.F.R. §200.92, "sub- award" means "an award provided by a pass- through entity to a sub -
recipient for the sub - recipient to carry out part of a Federal award received by the pass- through entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub - Recipient's name: Monroe Count
Sub - Recipient's unique entity identifier (DUNS):
Federal Award Identification Number (FAIN): *"A-7* r14 t
Federal Award Date:
Subaward Period of Performance Start and End Date: July 1. 2017 — June 30, 2018
Amount of Federal Funds Obligated by this Agreement: $66,884.00
Total Amount of Federal Funds Obligated to the Sub - Recipient
by the pass- through entity to include this Agreement: $66,884.00
Total Amount of the Federal Award committed to the Sub - Recipient
by the pass- through entity: $15.865.902
Federal award project description (see FFATA): The purpose of the Emergency Management Performance Grant (EMPG)
Name of Federal awarding agency: The Department of Homeland
Security (DHS)
Name of pass- through entity: Florida Division of Emergency
Management
Contact information for the pass- through entity: 2555 Shumard Oak Boulevard
Tallahassee. FL 32399 -2100
Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.042 j
Whether the award is Research & Development: No (N /A)
Indirect cost rate for the Federal award: 24.13%
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 "Sub- Recipient ").
For the purposes of this Agreement, the Division serves as the pass- through entity for a Federal
award, and the Sub - Recipient serves as the recipient of a sub - award.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
➢ The Sub - Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
➢ The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub - Recipient upon the terms and conditions
outlined below; and,
➢ The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub - Recipient agree to the following:
1. LAWS, RULES, REGULATIONS AND POLICIES
The Division and the Sub - Recipient shall be governed by all applicable State and Federal
laws, rules and regulations, including those identified in Attachment C. Any express reference in this
Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or
regulation applies.
A. The Sub - Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
B. 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal
award in accordance with state laws and procedures for expending and accounting for the state's own
funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance ", applies to this Agreement.
C. This Agreement involves "Federal financial assistance," as that term is defined in
section 215.97(2)0, Florida Statutes.
D. As required by Section 215.971 (1), Florida Statutes, this Agreement includes:
(1) A provision specifying a scope of work that clearly establishes the tasks that the
Sub - Recipient is required to perform.
(2) A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
(3) A provision specifying the financial consequences that apply if the Sub - Recipient
fails to perform the minimum level of service required by the agreement.
(4) A provision specifying that the Sub - Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
(5) A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
(6) A provision specifying that any funds paid in excess of the amount to which the
Sub - Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
2. TERMS AND CONDITIONS
This Agreement, to include the attachments, contains all the terms and conditions agreed
upon by the parties, which terms and conditions shall govern all transactions between the Division and
the Sub - Recipient.
3. EXECUTION
This Agreement may be executed in counterparts, each of which shall be an original and all
of which shall constitute but one and the same instrument.
4. MODIFICATION
This Agreement may only be modified or amended upon mutual written agreement of the
Division and the Sub - Recipient. No oral agreements or representations shall be valid or binding upon
either party to this Agreement.
5. SCOPE OF WORK
The Sub - Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A and Attachment B of this Agreement.
6. CONTACT
A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub - Recipient. As part of his /her duties, the Grant Manager
for the Division shall:
(1) Monitor and document Sub - Recipient performance; and,
(2) Review and document all deliverables for which the Sub - Recipient requests
payment.
B. The Division's Grant Manager for this Agreement is:
Michael J. Day
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: (850) 815 -4346
Email: Michael.Day @em.myflorida.com
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C. The name and address of the Representative of the Sub - Recipient responsible for
the administration of this Agreement is:
M artin Senterfitt
490 63rd ST Ocean
Marathon, FL 33050
Telephone: (305) 289 -6018
Fax: (305) 289 -6333
Email: Senterfitt- Martin @mo nroecounty -fl.gov
D. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
7. PERIOD OF AGREEMENT
This Agreement shall begin on July 1. 2017 and shall end on
June 30. 2018 unless terminated earlier in accordance with the provisions of Paragraph (19) of this
Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the
term "period of agreement" refers to the time during which the Sub - Recipient "may incur new obligations
to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -
Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the
period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub - Recipient
may expend funds authorized by this Agreement "only for allowable costs resulting from obligations
incurred during" the period of agreement.
8. FUNDING
A. This is a cost - reimbursement Agreement, subject to the availability of funds.
B. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
C. The Division will reimburse the Sub - Recipient only for allowable costs incurred by the
Sub - Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A and Attachment B of this Agreement ( "Budget and Scope
of Work "). The maximum reimbursement amount for the entirety of this Agreement is $66.884.00.
D. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub - Recipient
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
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civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729 -3730 and 3801 - 3812)."
E. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub - Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ( "Compensation— personal
services ") and 2 C.F.R. §200.431 ( "Compensation— fringe benefits "). If the Sub - Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub - Recipient - employee agreement, or an
established policy of the Sub - Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family - related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
(1) They are provided under established written leave policies;
(2) The costs are equitably allocated to all related activities, including Federal
awards; and,
(3) The accounting basis (cash or accrual) selected for costing each type of leave is
consistently followed by the non - Federal entity or specified grouping of employees.
F. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub - Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub -
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub - Recipient must provide
documentation that:
(1) The costs are reasonable and do not exceed charges normally allowed by the
Sub - Recipient in its regular operations as a result of the Sub - Recipient's written travel policy; and,
(2) Participation of the individual in the travel is necessary to the Federal award.
G. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub - Recipient for attendance at a conference.
(1) 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar,
symposium, workshop or event whose primary purpose is the dissemination of technical information
beyond the non - Federal entity and is necessary and reasonable for successful performance under the
Federal award."
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(2) Any reimbursement from the Division to the Sub - Recipient for the costs
associated with attending a conference is subject to the Department of Financial Services' Reference
Guide for State Expenditures, which states: "Reimbursement for registration fees and travel expenses in
connection with attendance at conferences or conventions will not be paid unless:
a) "The main purpose of the convention or conference is directly related to the
statutory duties and responsibilities of the agency;
b) "The duties and responsibilities of the traveler is related to the objectives of
the convention or conference; and,
c) "The activity provides a direct benefit supporting the work and public purpose
of the person attending."
9. PAYMENTS
A. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub -
Recipient's quarterly reporting as referenced in Paragraph 15 of this Agreement.
B. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub - Recipient
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729 -3730 and 3801 - 3812)."
C. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub - Recipient against a performance measure, outlined in Attachment A
and Attachment B, that clearly delineates:
(1) The required minimum acceptable level of service to be performed; and,
(2) The criteria for evaluating the successful completion of each deliverable.
D. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub - Recipient.
E. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
(1) Any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory, contractual, administrative, or
other legally applicable requirements; and,
(2) Any payment to an ineligible party, any payment for an ineligible good or service,
any duplicate payment, any payment for a good or service not received (except for such payments where
authorized by law), any payment that does not account for credit for applicable discounts, and any
payment where insufficient or lack of documentation prevents a reviewer from discerning whether a
payment was proper.
F. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest -
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
G. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)B. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub - Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
10. REPAYMENTS
A. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management', and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
B. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is
returned to the Division for collection, Sub - Recipient shall pay the Division a service fee of $15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
11. PROCUREMENT
A. The Sub - Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§ §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non - Federal Entity Contracts Under Federal Awards ").
B. As required by 2 C.F.R. §200.318(b), the Sub - Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
C. As required by 2 C.F.R. §200.318(i), the Sub - Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub -
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
D. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non - competitive) at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub - Recipient within three (3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -
Recipient. While the Sub - Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub - Recipient remains
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub - Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub - Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
(1) Terminate this Agreement in accordance with the provisions outlined in
paragraph 19 below; and,
(2) Refuse to reimburse the Sub - Recipient for any costs associated with that
solicitation.
E. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub - Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
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judgment for that of the Sub - Recipient. While the Sub - Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub - Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub - Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub - Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non - compliant, then the Division may:
(1) Terminate this Agreement in accordance with the provisions outlined in
paragraph 19 below; and,
(2) Refuse to reimburse the Sub - Recipient for any costs associated with that
subcontract.
F. The Sub - Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub - Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
G. As required by 2 C.F.R. §200.318(c)(1), the Sub - Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
H. As required by 2 C.F.R. §200.319(a), the Sub - Recipient shall conduct any
procurement under this agreement "in a manner providing full and open competition." Accordingly, the
Sub - Recipient shall not:
(1) Place unreasonable requirements on firms in order for them to qualify to do
business;
(2) Require unnecessary experience or excessive bonding;
(3) Use noncompetitive pricing practices between firms or between affiliated
companies;
(4) Execute noncompetitive contracts to consultants that are on retainer contracts;
(5) Authorize, condone, or ignore organizational conflicts of interest;
(6) Specify only a brand name product without allowing vendors to offer an
equivalent;
(7) Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
(8) Engage in any arbitrary action during the procurement process; or,
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(9) Allow a vendor to bid on a contract if that bidder was involved with developing or
drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals.
I. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub - Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
J. The Sub - Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
K. The Sub - Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b),
Florida Statutes.
L. For each subcontract, the Sub - Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub - Recipient shall comply with the requirements of 2 C.F.R. §200.321
( "Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms ").
12. RECORDS
A. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub - Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub - Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
B. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub - Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub - Recipient's personnel for the
purpose of interview and discussion related to such documents.
C. As required by 2 C.F.R. §200.333, the Sub - Recipient shall retain sufficient records to
show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of three (3) years from the date of
submission of the final expenditure report. The following are the only exceptions to the three (3) year
requirement:
(1) If any litigation, claim, or audit is started before the expiration of the 3 -year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
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(2) When the Division or the Sub - Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass- through entity to extend the retention period.
(3) Records for real property and equipment acquired with Federal funds must be
retained for 3 years after final disposition.
(4) When records are transferred to or maintained by the Federal awarding agency
or pass- through entity, the 3 -year retention requirement is not applicable to the Sub - Recipient.
(5) Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non - Federal entity's fiscal year in which the program income is earned.
(6) Indirect cost rate proposals and cost allocations plans. This paragraph applies to
the following types of documents and their supporting records: indirect cost rate computations or
proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular
group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit
rates).
D. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub - Recipient when it determines that
the records possess long -term retention value.
E. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub - Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
F. As required by 2 C.F.R. §200.303, the Sub - Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub - Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
G. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements:
(1) Meetings of public boards or commissions must be open to the public;
(2) Reasonable notice of such meetings must be given; and,
(3) Minutes of the meetings must be taken and promptly recorded.
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The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the open government requirements. However, the Government in the Sunshine Law
applies to private entities that provide services to governmental agencies and that act on behalf of those
agencies in the agencies' performance of their public duties. If a public agency delegates the
performance of its public purpose to a private entity, then, to the extent that private entity is performing
that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire
department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub - Recipient based upon the funds provided under this Agreement, the meetings of the Sub -
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
H. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
I. The Sub - Recipient shall maintain all records for the Sub - Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and
regulations.
13. INTELLECTUAL PROPERTY
A. Except as provided below, intellectual property rights to all property created or
otherwise developed under or in connection with the performance of this Agreement are hereby reserved
to and shall be owned by the State of Florida.
B. If the Sub - Recipient has pre- existing intellectual property rights, then the Sub-
Recipient shall retain all rights and entitlements to that pre- existing intellectual property unless the
Agreement provides otherwise.
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C. If any intellectual property is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub - Recipient shall refer
the intellectual property to the Division for a determination whether the State of Florida will seek patent,
copyright, trademark, or other intellectual property protection in its name.
D. Within thirty days of execution of this Agreement, the Sub - Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent, copyright, trademark, or other intellectual property protection. Failure to
disclose will indicate that no such property exists. The Division shall then, under Subparagraph A above,
have the right to all intellectual property which accrues during performance of the Agreement.
E. If the Sub - Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub -
Recipient shall become the sole property of the Sub - Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub - Recipient, under this Agreement, for Florida
government purposes.
14. AUDITS
A. The Sub - Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
B. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub - Recipient shall follow Generally Accepted Accounting Principles ( "GAAP "). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
C. When conducting an audit of the Sub - Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ( "GAGAS "). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
D. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub - Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub - Recipient of such non-
compliance.
E. The Sub - Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
13
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub - Recipient's fiscal year.
F. The Sub - Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub - Recipient, to the Division at the following
address:
DEMSingle Audit2r_em.myflorida.com
DEMSingle_Audit @em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
G. The Sub - Recipient shall send the Single Audit reporting package and Form SF -SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.htmi
H. The Sub - Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMSingle Audit(a)-em.myflorida.com
DEMSingle_Audit @em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
15. REPORTS
A. Consistent with 2 C.F.R. §200.328, the Sub - Recipient shall provide the Division with
quarterly reports and a close -out report. These reports shall include the current status and progress by
the Sub - Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
B. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
C. The close -out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
D. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (18) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
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E. The Sub - Recipient shall provide additional program updates or information that may
be required by the Division.
F. The Sub - Recipient shall provide additional reports and information identified in
Attachment D.
16. MONITORING
A. The Sub - Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and /or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A and Attachment B to this Agreement,
and reported in the quarterly report.
B. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on -site visits by Division staff, limited scope audits, and /or other procedures. The Sub - Recipient
agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub - Recipient is
appropriate, the Sub - Recipient agrees to comply with any additional instructions provided by the Division
to the Sub - Recipient regarding such audit. The Sub - Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub - Recipient throughout the contract term to ensure timely completion of all tasks.
17. DEFAULT
If any of the following events occur ( "Events of Default'), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (18); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
A. Any warranty or representation made by the Sub - Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub -
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
B. Material adverse changes occur in the financial condition of the Sub - Recipient at any
time during the term of this Agreement, and the Sub - Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
C. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
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D. The Sub - Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
18. REMEDIES
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub - Recipient and upon the Sub - Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
A. Terminate this Agreement, provided that the Sub - Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the
address in paragraph (6) herein;
B. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
C. Withhold or suspend payment of all or any part of a request for payment;
D. Require that the Sub - Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
E. Exercise any corrective or remedial actions, to include but not be limited to:
(1) Request additional information from the Sub - Recipient to determine the
reasons for or the extent of non - compliance or lack of performance,
(2) Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
(3) Advise the Sub - Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
(4) Require the Sub - Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
F. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub - Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub - Recipient.
19. TERMINATION
A. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub - Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
16
B. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub - Recipient with thirty calendar days prior written notice.
C. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
D. In the event that this Agreement is terminated, the Sub - Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub - Recipient has received the
notification of termination. The Sub - Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub - Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub - Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub - Recipient for the purpose of
set -off until the exact amount of damages due the Division from the Sub - Recipient is determined.
20. LIABILITY
A. Unless Sub - Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub - Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub - Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub - Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
B. As required by section 768.28(19), Florida Statutes, any Sub - Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub - Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
21. ATTACHMENTS
A. All attachments to this Agreement are incorporated as if set out fully.
B. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
C. This Agreement has the following attachments:
(1) Attachment A —Budget
(2) Attachment B — Scope of Work /Deliverables
(3) Attachment C — Program Statutes and Regulations
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(4) Attachment D —Reports
(5) Attachment E — Justification of Advance Payment
(6) Attachment F — Warranties and Representations
(7) Attachment G — Certification Regarding Debarment
(8) Attachment H — Statement of Assurances
(9) Attachment I — Mandatory Contract Provisions
(10)Attachment J — Allowable Costs and Eligible Activities
22. MANDATED CONDITIONS
A. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub - Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub - Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub - Recipient.
B. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
C. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
D. The Sub - Recipient agrees to comply with the Americans with Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 et 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 Sub - Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
18
(1) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
(2) Have not, within a five -year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
22(F)(2). of this certification; and,
(4) Have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
G. If the Sub - Recipient is unable to certify to any of the statements in this certification,
then the Sub - Recipient shall attach an explanation to this Agreement.
H. In addition, the Sub - Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Sub - Recipient plans to fund under this
Agreement. The form must be received by the Division before the Sub - Recipient enters into a contract
with any subcontractor.
I. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, which the Sub - Recipient created or received under this
Agreement.
J. If the Sub - Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
K. The State of Florida will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.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 Sub - Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
L. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23) LOBBYING PROHIBITION
19
A. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
B. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
C. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
D. The Sub - Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub - Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Sub - Recipient shall
complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities."
(3) The Sub - Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub - Recipients shall certify and disclose.
(4) This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24) EQUAL OPPORTUNITY EMPLOYMENT
M. In accordance with 41 C.F.R. §60- 1.4(b), the Sub - Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
20
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
21
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
N. The Sub - Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
O. The Sub - Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
P. The Sub - Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub - Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub - Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub - Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(25) COPELAND ANTI - KICKBACK ACT
The Sub - Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
22
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(26) CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
(27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251 - 1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
(28) SUSPENSION AND DEBARMENT
If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
23
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and /or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(29) BYRD ANTI - LOBBYING AMENDMENT
If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti- Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
A. If the Sub - Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub - Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits which
encourage participation by small and minority businesses, and women's business enterprises;
24
(5) Using the services and assistance, as appropriate of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (1) through (5) of this section.
B. The requirement outlined in subparagraph A. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
C. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub - Recipient must take; the requirements do not preclude the Sub - Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
D. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub - Recipient to break a single project down into
smaller components in order to circumvent the micro - purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting ").
(31) ASSURANCES.
Attachment H.
The Sub - Recipient shall comply with any Statement of Assurances incorporated as
(32) LEGAL AUTHORIZATION
The Sub - Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub - Recipient to the terms of this Agreement.
25
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
MONROE CO QTY
A W MA OK, CLERK
f
By: etr,
DEP w CLERK
Name and Title: George Neugent, Mayor
Date:
FID# 59- 6000749
DUNS# 073876757
MONROE COUNTY ATTORNEY
APP OVED S TQ
C THIA L. ALL
ASSISTA T COUNTY ATTORNEY
Date '10 12
Include a copy of the designation of authority for the signatory, if applicable.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: `�' l�/tlAr ��.•
Name and Titl ichael Kennett, Deputy Director
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Date:
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ATTACHMENT A
PROPOSED PROGRAM BUDGET
• Funding from the Emergency Management Performance Grant is intended for use by the Sub-
Recipient to perform eligible activities as identified in Notice of Funding Opportunity (NOFO), Fiscal
Year 2017 EMPG, Appendix B—FY 2017 EMPG Funding Guidelines and programs that are
consistent with 2 C.F.R. Part 200, State Rule Chapter 27P-6, Florida Administrative Code and
Chapter 252, Florida Statutes).
• Below is a general budget which outlines eligible categories and their allocation under this award.
The Sub-recipient is to utilize the"Proposed Program Budget" as a guide for completing the "Budget
Detail Worksheet" below.
• The Equipment category will require Authorized Equipment List (AEL) reference number. The
Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's
preparedness grant programs. The intended audience of this tool is emergency managers, first
responders, and other homeland security professionals. The AEL can be found at
https://www.fema.gov/authorized-equipment-list.
• The transfer of funds between the categories listed in the Proposed Program Budget is permitted. If
funds need to be moved in categories, send a revised Proposed Program Budget to your grant
manager.
Amount
Grant Sub-Recipient Agency Category Allocated
Planning Expenditures
FY 2017—Emergency Organization Expenditures
Management Performance MONROE COUNTY $66,884.00
Grant Program
Training Expenditures
Exercise Expenditures
Equipment Expenditures
Management and Administration
Expenditures (no greater than 5%)
1111111111111111116..
Award $66,884.00
27
FY 2017 BUDGET DETAIL WORKSHEET -ELIGIBLE ACTIVITIES
(Not limited to 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 diem related to planning activities
Overtime and backfill costs
TOTAL PLANNING EXPENDITURES $
Allowable Organization Costs Quantity Unit Cost Total Cost
Hiring of full or part-time staff or contractors/consultants 1 Senior Planner $66.884.00 $66.884.00
(temporary employees, student or graduate assistant
fellowships, part time academic employment, consultants and
other services)
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
28
Radios
Satellite telephones
Storage and shelving for storage
Other emergency response communication
Furniture
Postage
Apparel for identification
Fuel
Memberships and Conference
Travel
Vehicle(s)
Publications
TOTAL ORGANIZATIONAL EXPENDITURES $66,884.00
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.
29
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 $
Allowable Training Costs I 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
30
Interoperable communications equipment
Detection Equipment
Power equipment
CBRNE Reference Materials
CBRNE Incident Response Vehicles
Physical Security Enhancement Equipment
CBRNE Logistical Support Equipment
Other authorized equipment costs
TOTAL EQUIPMENT EXPENDITURES $
TOTAL EXPENDITURES $
Eligible Management and Administration Costs Quantity Unit Cost Total Cost
Hiring of full-time or part-time staff or contractors/consultants:
to assist with the management of the respective grant
program; application requirements, and compliance with
reporting and data collection requirements
Overtime and backfill costs—Overtime expenses are defined
as the result of personnel who worked over and above their
normal scheduled daily or weekly worked time in the
performance of FEMA—approved activities. Backfill Costs
also called "Overtime as Backfill" are defined as expenses
from the result of personnel who are working overtime in order
to perform the duties of other personnel who are temporarily
assigned to FEMA—approved activities outside their core
responsibilities. Neither overtime nor backfill expenses are the
result of an increase of Full—Time Equivalent(FTEs)
employees. These costs are allowed only to the extent the
payment for such services is in accordance with the policies of
the state or unit(s) of local government and has the approval of
the state or the awarding agency, whichever is applicable. In
no case is dual compensation allowable. That is, an employee
of a unit of government may not receive compensation from
their unit or agency of government AND from an award for a
single period of time (e.g., 1:00 pm to 5:00 pm), even though
such work may benefit both activities. Fringe benefits on
overtime hours are limited to Federal Insurance Contributions
Act (FICA), Workers' Compensation and Unemployment
Compensation.
Travel expenses
Meeting-related expenses
31
Authorized office equipment: including personal computers,
laptop computers, printers, LCD projectors, and other
equipment or software which may be required to support the
implementation of the homeland security strategy.
The following are allowable only within the agreement period:
Recurring fees/charges associated with certain equipment,
such as cell phones. faxes.
Leasing and/or renting of space for newly hired personnel to
administer programs within the grant program.
TOTAL M&A EXPENDITURES $
TOTAL EXPENDITURES $66,884.00
32
Attachment B
Scope of Work /Deliverables
The Emergency Management Performance Grant (EMPG) funding agreement is provided to perform
eligible activities as identified in the Notice of Funding Opportunity (NOFO), Fiscal Year 2017 EMPG,
Appendix B — FY 2017 EMPG Funding Guidelines. EMPG Program Guidance, FY2017 allowable costs
are divided into the following categories: planning, organization, training, exercise, equipment, and
management and administration. Eligible activities are outlined in Allowable Costs and Eligible
Activities The intent of the EMPG Base Grant Agreement is to provide each county with the means to
successfully manage and operate an Emergency Management Program by enhancing county emergency
management plans and programs that are consistent with 2 C.F.R. Part 200, the State Comprehensive
Emergency Management Plan and Program (reference Rule Chapter 27P -6, Florida Administrative Code
and Chapter 252, Florida Statutes).
Counties must be able to prepare for, respond to, recover from, and mitigate against natural and
man -made disasters/ emergencies. Each Emergency Management staff person must work the
number of hours and assume the responsibilities for the duties in their official position
description as well as provide the coordination and support for all incidents within their
jurisdiction.
By signing this Agreement, the Sub - Recipient certifies that it will use these funds to enhance the county's
Emergency Management Program.
Federal funds provided under this Agreement shall be matched by the Sub - Recipient dollar for dollar from
non - federal funds.
Monitoring: Monitoring will be accomplished through desk -based reviews, on -site monitoring visits, or
both. Monitoring will involve the review and analysis of the financial, programmatic, performance,
compliance and administrative processes, policies, activities, and other attributes of each county and will
identify areas where technical assistance, corrective actions and other support may be needed.
Desk monitoring is the review of projects, financial activity and technical assistance between the Division
and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the Sub - Recipient
agencies by a Division representative who examines records, procedures and equipment.
The Division may request additional monitoring /information if the activity, or lack thereof, generates
questions from the region, the sponsoring agency or Division leadership. The method of gathering this
information will be determined on a case -by -case basis.
Procurement: All Procurement transactions will be conducted in a manner providing full and open
competition and shall comply with the standards articulated in:
• 2 C.F.R. Part 200;
• Chapter 287, Florida Statues; and,
• Any local procurement policy.
Piggy- backing: The practice of one agency using the procurement/agreement of another agency is
called piggybacking. The existing contract must contain language or other legal authority authorizing third
parties to make purchases from the contract with the vendor's consent. The terms and conditions of the
new contract, including the scope of work, must be substantially the same as those of the existing
contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods
or services. An agency may not use the preexisting contract merely as a "basis to begin negotiations" for
a broader or materially different contract. Only piggy -back agreements that meet all requirements as
outline in the Sub - Recipient shall be allowable.
33
At a minimum the County is to successfully complete the following tasks throughout the contract period to
ensure compliance and coordination with the state emergency management. Quarterly Tasks (Form 1B)
will need to be provided each quarter to show completion or working towards the completion of each task.
Items will also be reviewed during the mid -year and end -of year progress report prepared in conjunction
with the Division's Regional Coordinator to validate compliance. All back -up documentation listed below
shall be uploaded to the Division's SharePoint portal, hftas: / /Dortal.floridadisaster.org
Task(s):
1. 24 -7 Operations. The minimum acceptable standard for payment is to maintain a 24 -7 operation.
The County Emergency Operation Center must be able to operate within the minimum acceptable
standard to maintain a 24 -7 operation, 7 days a week. Monthly acknowledgement during the State
Watch Office's monthly communication test from either NAWAS, State EMNet Voice Manager, EMnet
Message Manager, or via landline phone if the aforementioned systems are reported to the SWO as
inoperable.
2. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with
the match portion of your close out report. If your proposed match plan changes, an update should
be provided. Federal funds provided under this Agreement shall be matched by the Sub - Recipient
dollar for dollar from non - federal funds. NOTE: If the amount is NOT EMPA or if the federal
obligation exceeds EMPA then you need to identify the other non - federal match. In the space
provided on the form, provide a narrative description on how you plan to meet the dollar for dollar
match requirement. The Chief Financial Officer or equal authority must sign the Proposed Match
form.
3. All Emergency Management personnel. Each quarter must provide Quarterly Tasks (Form 1 B) to
show you are able to maintain a minimum level of capability. Submit current EMAP accreditation
certification OR for each emergency management position, provide certificates for the following
training via SharePoint and /or SERT TRAC:
• IS 100 — Introduction to Incident Command System
• IS 200 — ICS for Single Resources and Initial Action Incidents
• IS 700 — National Incident Management Systems (NIMS)
IS 800 — National Response Framework
EMPG Funding Positions Only - Training and Exercise - To ensure that each county emergency
management agency complies with EMPG Guidance; each EMPG funded Position during this
contract period (Date of Execution — June 30, 2018) MUST provide the following items.
• County Emergency Management employee(s) should participate in no less than three (3)
exercises within the 12 month Agreement period
• Submit an After Action Report (AAR) for each exercise conducted by the Sub - Recipient and /or
provide sufficient exercise documentation (i.e., sign in sheet, certificate, etc.) for participation in
each exercise not conducted by the Sub - Recipient
• Complete the following training requirements and record proof of completion: NIMS Training,
Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete
eitherthe Independent Study courses identified in the Professional Development Series orthe
National Emergency Management Basic Academy delivered either by the Emergency
Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other,
designated location.
5. National Incident Management System (NIMS) - The Sub - Recipient will be required to complete a
NIMS survey and provide the NIMS implementation status of your jurisdiction no later than December
34
1st. This survey, upon receipt, is designed to provide a self- assessment instrument to evaluate and
report on your jurisdiction's implementation of the National Incident Management System (NIMS).
6. Coordination and Collaboration - Utilizing the elements below, county emergency management
agencies will have an ongoing process that provides for coordinated and collaborated input in the
preparation, implementation, evaluation and revision of emergency management programs.
• Attend the Regional Training and Exercise Planning (TEP) Workshop and provide an agenda
and a copy of the sign in sheets or certificate to show participation during this contract period
(July 1, 2017 — June 30, 2018)
7. Multi -Year Training and Exercise Plan (MYTEP) — Sub - Recipient is required to develop a MYTEP
that identifies combination of exercises, along with associated trainings requirements, that addresses
the priorities identified in the State TEPW. The county TEP will be included in the state submission of
the MYTEP. Develop and submit no later than June 1st.
Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a
quarterly basis for the documented allowable costs incurred during the successful completion of the
task(s) required to be performed in that quarter. Additionally, the submission of the certified Quarterly
Tasks form is required.
Financial Consequence
Failure to successfully complete each of the required tasks, as outlined in the identified quarter(s), will
result in a reduction of the Agreement amount by 10% per quarter.
35
Attachment C
Program Statutes and Regulations
1. Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq.
2. Americans with Disabilities Act of 1990 42 U.S.C. § 12101 -12213
3. Chapter 473, Florida Statutes
4. Chapter 215, Florida Statutes
5. Chapter 252, Florida Statutes
6. Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq.
7. Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq.
8. Copyright notice 17 U.S.C. §§ 401 or 402
9. Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200
10. Debarment and Suspension Executive Orders 12549 and 12689
11. Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq.
12. Duplication of Benefits 2 C.F.R. Part 200, Subpart E
13. Energy Policy and Conservation Act 42 U.S.C. § 6201
14. False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38
U.S.C. § 3801 -3812
15. Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118
16. Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a
17. Lobbying Prohibitions 31 U.S.C. § 1352
18. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq.
19. Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20. Terrorist Financing Executive Order 13224
21. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
U.S.C. § 1681 et seq.
22. Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
23. Rehabilitation Act of 1973 Section 504, .29 U.S.C. § 794
24. USA Patriot Act of 2001 18 U.S.C. § 175 -172c
25. Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. §
26. 2324, 41 U.S.C. § § 4304 and 4310
27. 53 Federal Register 8034
28. Rule Chapters 27P -6, 27P -11 , and 27P -19, Florida Administrative Code
29.2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
30. To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200
shall apply
DL
Attachment D
Reports
Sub - Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year
summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final
close -out report.
Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of
the program year; and shall continue to be submitted each quarter until submission of the final close -out
report. The ending dates for each quarter of this program year are September 30, December 31, March
31 and June 30.
Reporting Period
Report due to FDEM no later than
January 1 through March 31
Aril 30
April 1 through June 30
July 31
July 1 through September 30
October 31
October 1 through December 31
January 31
The Sub - Recipient shall provide the Division with full support documentation for the
quarterly financial reports. To eliminate large files and mailings, the Division will accept
back up documentation on a CD if desired by the Sub - Recipient.
(Backup Documentation should reflect the amount requested on the Expenses Detail of Claims
form.)
Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices /receipts and canceled checks or general
ledger for proof of payment. May also request copies of planning materials and work
products (i.e., meeting documents, copies of completed plans (if submission of plans is for
the Division then only need to provide date of submission and who submitted plan /product
to), etc.). Any costs for planning activities provided by in -house staff MUST be reported
under "Organizational Activities ".
Organizational Activities: Includes salaries and expenses (depending upon eligibility).
Supply copies of timesheets (if applicable) documenting hours worked and proof employee
was paid (i.e., earning statements / payroll registries) Expense items need to have copies of
invoices /receipts and canceled checks or general ledger for proof of payment. All
documentation for reimbursement MUST include exact amounts and MUST be clearly visible
and defined (i.e., highlighted, underlined, circled &/or individually identified on a
spreadsheet).
Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices /receipts and canceled checks or general
ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre
37
populated sign in sheets they must be certified by the Emergency Management Director
verifying attendance). May also request any training materials provided.
• Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices /receipts and canceled checks or general
ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre
populated sign in sheets they must be certified by the Emergency Management Director
verifying attendance). May also request any training materials provided.
• Equipment Acquisition Costs: Copies of Invoices /receipts and canceled checks or general
ledger for proof of payment. AEL# for each purchase (if applicable).
• Management and Administrative Costs: Supply copies of timesheets documenting hours
worked and proof employee was paid (i.e., earning statements / payroll registries)
• For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel /conference. If conference, a copy of
the agenda must be provided. Proof of payment is also required for all travel and
conferences. If the Sub - Recipient seeks reimbursement for travel costs that exceed the
amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and
$19 for dinner), then the Sub - Recipient must provide documentation that: The costs are
reasonable and do not exceed charges normally allowed by the Sub - Recipient in its regular
operations as a result of the Sub - Recipient's written travel policy; and participation of the
individual in the travel is necessary to the Federal award.
• If cancelled checks are NOT available, copies of the general ledger MUST be provided.
A. The Quarterly Tasks Form is due with your quarterly financial report each quarter. This
form identifies EMPG funded employees, the required training completed (or working
towards completion), and the required amount of exercises during the agreement period.
B. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare
with the match portion of your close out report. If your proposed match plan changes an update
should be provided. Federal funds provided under this Agreement shall be matched by the Sub -
Recipient dollar for dollar from non - federal funds. NOTE: If the amount is NOT EMPA or if the
federal obligation exceeds EMPA then you need to identify the other non - federal match. In the
space provided on the form, provide a narrative description on how you plan to meet the dollar for
dollar match requirement. The Proposed Match form must be signed by the Chief Financial
Officer or equal authority.
C. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the grant manager.
D. The final Close Out report is due sixty (60) days after termination of this Agreement. Federal
funds provided under this agreement shall be matched by the Sub - Recipient dollar for dollar from
non - federal funds. If the funds are being matched with EMPA and are less than the expended
EMPA, no additional back -up /supporting documentation is needed. However, if your EMPG
funds exceed EMPA, or if you are not using EMPA for match, the appropriate back -up /supporting
documentation needs to be provided (i.e. general ledger with highlighted matching non - federal
funds).
E. Programmatic Point of Contact:
38
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
• The Division shall determine eligibility of projects and approve changes in Scope of Work.
• The Division shall administer the financial processes.
39
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB - RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start -up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY /LINE ITEMS
20_ -20_ Anticipated Expenditures for First Three Months
(list applicable line items)
of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining
the need for the cash advance. The justification must include supporting documentation that
clearly shows the advance will be expended within the first ninety (90) days of the contract term.
Support documentation should include quotes for purchases, delivery timelines, salary and
expense projections, etc. to provide the Division reasonable and necessary support that the
advance will be expended within the first ninety (90) days of the contract term. Any advance
funds not expended within the first ninety (90) days of the contract term shall be returned to the
Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days
of receipt, along with any interest earned on the advance)
40
Attachment F
Warranties and Representations
Financial Management
The Sub - Recipient's financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D —Post Federal Award Requirements— Procurement Standards (2
C.F.R. § §200.317 through 200.326).
Business Hours
The Sub - Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from:
Licensing and Permitting
All subcontractors or employees hired by the Sub - Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub - Recipient.
41
Attachment G
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Sub - Recipient,
certifies, by submission of this document, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
(2) Where the Sub - Recipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Sub - Recipient's Name
DEM Contract Number
Project Number
42
Attachment H
Statement of Assurances
The Sub - Recipient hereby assures and certifies compliance with all Federal statutes, regulations,
policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule,
that govern the application, acceptance and use of Federal funds for this federally- assisted project. Also
the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally- assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic
43
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its sub - recipients and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a Sub - Recipient of funds, the Sub - Recipient will forward a copy of the finding to the
Office for Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
44
Attachment I
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub - recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
45
OMB Guidance
(D) Davis -Bacon Act, as amended (40 U.S.C.
3141 3148). When required by Federal program
lagtslation, all prime construction contracts
In excess of (2,000 awarded by non- Faderal
entities must Include a provision for compli-
ance with the Davis -Bacon Act 00 U.S.C.
3141 -3144, and 3146 -3148) as supplemented by
Department of Labor regulations 429 CFR
Part 5, - Labor Standards Provisions Appli-
cable to Contracts Covering Federally Pl-
nanced and Assisted Construction "). In ac-
cordance with the statute, contractors must
be required to pay wages to laborers and me-
chanics at a rata not leas than the prevailing
wages specified in a wage determination
made by the Secretary of Labor. In addition.
contractors must be required to pay wages
not less than once a week. The non- Pederal
antsty must place a copy of the current pre -
vailing wage determination issued by the De-
partment of Labor in each solicitation. The
decision to award a contract or subcontract
must be conditioned upon the acceptance of
the wage determination. Tba non- Fadaral en-
tity must report all suspected or reported
cgolatlons to the Federal awarding agency_
The contracts must. also Include a provision
for compliance with the Copeland "Anti -
Kickback" Act (40 U,S.C. 3145), as supple-
mented by Department of Labor regulations
(29 CPR Part 3, "Contractors and Sub-
contractors on Public Building or Public
Work Financed In Whole or in Part by Loans
or Grants from the United States "). The Act
provides that each contractor or sub -
recipient must be prohtbited from Inducing,
by any means, any person employed in the
construction. completion, or repair of public
work, to give up any part of the compensa-
tion to which be or she Is otherwise entitled.
The non - Federal entity must report all sus-
pected or reported violations to the Federal
awarding agency.
(Ei Contract Work Hours and Safety
Standards Act 00 U.S.C. 301 -�1, Where
applicable. all contracts awarded by the non -
Federal entity in excess of $100.000 that in-
volve, the employment of mechanics or labor-
ers must include a provision for compliance
With 40 U,S.C. 3702 and 3704. as supplemented
by Department of Labor regulations (29 CPR
Part 51. Under 40 U,S.C. 3'02 of the Act. each
contractor must be required to compute the
wages of every mechanic and laborer on the
basis of a standard work week of 40 hours.
Work in excess of the standard work week is
permissible provided that the worker Is com-
pensated at a rata of not less than one and a
half times the basic rate of pay for all hours
worked in excess of 40 hours in the work
week, The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide
that no laborer or mechanic must, be re-
qufrod to work In surroundings or under
working conditions which are unsanitary.
hazardous or dangerous. These requirements
do not apply to the purchases of supplies or
Pt. 200, App. ii
materials or articles ordinarily available on
the open market, or contracts for transpor-
tation or transmission of intelligence.
(F) Rights to Inventions Made Under a
Contract or Agreement. If the Federal award
meets the definition of "funding agreement"
under 37 CPR 1401.2 (a) and the recipient or
subreciplent wishes to enter Into a contract
with a small business firm or nonprofit orga-
ntzatlon regarding the substitution of par-
ties, assignment or performance of experi-
mental, developmental, or research work
under that "funding agreement." the recipi-
ent or sabreelplant must comply with the re-
quirements of?, CPR Part 401. "Rights to In-
ventlons Made by Nonprofit Organizations
and Small Business Firms Under Govern-
ment Grants, Contracts and Cooperative
Agreements." and any Implementing regula-
tions issued by the awarding agency.
(G) Clean Air Act. (42 U.S -C. 7401- 7671q.) and
the Federal Water Pollution Control Act (33
U.S.C. 1251- 1387). as amended — Contracts and
%ubgrants of amounts in excess of St5o.099
must contain a provision that requires the
non- Foderal award to agree to comply with
all applicable standards. orders or regula-
tions issued pursuant to the Clean Air Act
(42 U.S.C. 7401- :Cdlq) and the Federal Water
Pollution Control Act as amended (33 U.S.C.
1251- 1387). Violations must be reported to the
Federal awarding agency and the Regional
Office of the Environmental Pmt:ectlon
Agency (EPA).
411) Mandatory standards and policies re-
lating to energy efficiency which are con-
tained in the state energy conservation plan
Issued in compliance with the Energy Policy
and Conservation Act (42 U.S.C. 6202 ).
(I) Debarment and Suspension (Executive
Orders 12549 and I- TA) - - -A contract award
(see 2 CPR 180.220) must not be made to par-
ties listed on the governmentwide Excluded
Parties List System In the System for Award
Management (SAM), in accordance with the
OMB guidelines at 2 CPR 180 that implemom
Executive Orders 12549 (3 CPR Part 1986
Comp.. p. 1891 and LIM (3 CPR Part 19W
Comp., p. 235). "Debarment and Suspension."
The Excluded Parties List System in SAM
contains the names of parties debarred, sus
pended. or otherwise excluded by agencies, as
well as parties declared ineligible under stat-
utory or regulatory authority other than Ex-
ecutive Order 12549.
(J'4 Byrd Anti- Lobbying Amendment 131
U.S -C. 1352) -- Contractor that apply or bid
for an award of $100,000 or more must file the
required certification. Each tier certlfles to
the tier above that it will not and has not
used Federal appropriated funds to pay any
person or organlratlon for Influencing or at-
tempting to influence an officer or employee
of any agency. a member of Congress, officer
or employee of Congress. or an employee of a
member of Congress in connection with ob-
taining any Federal contract. grant or airy
195
46
PI. 200, App. III
Other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with
non - Federal funds that takes place in con-
nection with obtaining any Federal award.
Such disclosures are forwarded from tier to
tier up to the non - Federal award.
(K) See 4200.3" Procurement of recovered
materials.
APPENDIX III TO PART 204—INDIREcT
(F&A) CASTS I ENTIFICATION AND
ASSIGNMENT. AND RATE DETERMINA-
TION FOR INSTITUTto is OF HIGHER
EDUCATION (IHEs)
A, Gasrnum
This appendix provides criteria for Identl-
f-cing and computing indirect (or Indirect
iF &A)) rates at IHEs (institutions). Indirect
(F&A) costs are those that are incurred for
common or joint objectives and therefore
cannot be identified readily and specifically
with a particular sponsored project. an In-
structional activity. or any other Institu-
tional activity. See subsection B.I. Defini-
tion of Facilities and Administration, for a
discussion of the components of Indirect
(F &A) costs.
1. Major Functions of an Institution
Refers to instruction. organized research,
other sponsored activities and other tnstdtu-
tional activit os as defined In this section:
a. Inatracimn means the teaching and
training activities of an Institution. Except
for research training as provided in sub_
section b, this term includes all teaching and
training activities. whether they are offered
for credits toward a degree or certificate or
on a non -cro dit basis. and whether they are
offered through regular academic depart-
ments or separate divisions, such as a sum-
mer school division or an extension division.
Also considered part of this major function
are departmental research. and, where
agreed to. university research.
(1) Sponsored Instruction and training means
specific instructional or training activity es-
tablished by grant. contract. or cooperative
agreement. For purposes of the cost prin-
ciples. this activity may be considered a
major function even though an institution's
accounting treatment may include It In the
instruction function.
(2) Departmental research means research,
development and scholarly activities that
are not organized research and, con-
sequently. are not separately budgeted and
accounted for. Departmental research. for
purposes of this document. is not considered
as a major function, but as a part of the in-
struction function of the Institution.
b. Organized research means all research
and development activities of an institution
that are separately budgeted and accounted
for. It includes:
2 CFR Ch. ii (1 -1 -14 Edition)
(1) Sponsored research means all research
and development activities that are spon-
sored by Federal and non - Federal agencies
and organizations. This term includes ai tivl-
ties involving the training of individuals in
research techniques (commonly called re-
search training) where such activities utilize
the same facilities as other research and de-
volopment activities and where such activi-
ties are not included in the instruction func-
tion.
i22 unimrstiN research means all research
and development activities that am sepa-
rately budgeted and accounted for by the in-
stitution under an internal application of in-
stitutional funds, University research, for
purposes of this document, must be com-
bined with sponsored research under the
function of organized research.
c. Other sponsored activities means programs
and projects financed by Federal and non-
Federal agencies and organizations which in-
volve the performance of work other than in-
struction and organized research. Examples
of such programs and projects are health
service projects and community service pro-
grams. However. when any of these activities
are undertaken by the institution without
ouwdo support, they may be classified as
other institutional activities.
d. Other hatitutional acttt #Yes means all ai-
tivities of an Institution except for instruc-
tion. departmental research. organized re-
search, and other sponsored activities. as de-
fined in this seettoa, indirect (MA) cost ac-
tivities identified in this Appendix para-
graph B. Identification and assignment of in-
direct (FSA) costs: and specialized services
facilities described in 1200.468 Specialized
service facilities of this Part .
Examples of other institutional activities
include operation of residence halls, dining
halls, hospitals and clinics, student unions,
Intercolleglate athleties. bookstores. faculty
housing. student apartments, guest houses,
chapels. theaters. public museums, and other
similar auxiliary enterprises. This definition
also includes any other categories of activi-
ties. costs of which are "unallowable" to
Fedaral awards. unless otherwise indicated
in an award.
2. Criteria for Distribution
a. Base period. A base period for dlstrtbu-
Won of indirect (F&A) costs is the period
during which the costs are incurred. The
base period normally should coincide with
the fiscal year established by the institution.
but In any event the base period should be so
selected as to avoid inequities in the dls-
trdbution of costs.
b. Need for cost groupings. The overall ob-
jective of the indirect (F &A) cost allocation
process is to distribute the indirect (F &A)
costs described in Section B. Identification
and assignment of indirect (MA) costs. to
196
Cyl
Attachment J
Allowable Cost and Eligible Activities
I. Categories and Eligible Activities
The 2017 EMPG Funding Guidance allowable costs are divided into the following categories: planning,
organization, training, exercise, equipment, and management and administration.
Allowable Costs
A. Planning
Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline
for determining potential threats and hazards, required capabilities, required resources, and
establishes a framework for roles and responsibilities. Planning provides a methodical way to engage
the whole community in the development of a strategic, operational, and /or community -based
approach to preparedness.
Plans should have prior review and approval from the respective DEM state program. Funds
may not be reimbursed for any plans that are not approved.
EMPG Program funds may be'used to develop or enhance emergency management planning
activities.
Some examples include:
• Emergency Management/Operation Plans
• Communications Plans
• Continuity /Administrative Plans
• Whole Community Engagement/Planning
• Resource Management Planning
• Evacuation planning
• Recovery Planning
• Federal (and Mutual Aid) Emergency Response Official (F /ERO) Credentialing and Validation
B. Organization
Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (42 U.S.C.
§§ 5121 - 5207), EMPG Program funds may be used for all- hazards emergency management
operations, staffing, and other day -to -day activities in support of emergency management Sub -
Recipients are encouraged to fund at least one dedicated Planner, Training Officer, and Exercise
Officer. Personnel costs, including salary, overtime. compensatory time off, and associated fringe
benefits, are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part
200, Subpart E — Cost Principles.
The quarterly minimum acceptable standard is to have the qualified staffing level for the county based
upon Rules 27P- 11.004 and 27P- 11.0061 (definition below). Each Emergency Management staff
person must be available to work the number of hours and assume the responsibilities for the duties
in their official position description as well as provide the coordination and support for all incidents
within the jurisdiction on a 24 hour basis.
Personnel costs 27P- 11.004, 27P- 11.0061
(1) Counties with populations of 75,000 or more must have a full time emergency management
director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency
management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the
48
Governor by executive order or rule, are encouraged to have a full time director, but, must, as a
minimum, have an emergency management coordinator who works at least 20 hours a week in that
capacity. "Full -time Emergency Management Director" means a single professional emergency
management program Administrator working full -time as identified in the position description
established by the governing body of the jurisdiction.
(2) The county must have an emergency management program which has been approved by the
Division of Emergency Management. Program approval will require: compliance with appropriate
federal and state laws, rules and regulations; satisfactory completion of work elements of the previous
year; and, a current proposal containing work elements commensurate with the needs of that county
and a proposed budget. Eligible County Emergency Management Agencies in the state shall be
allocated annual Federal Emergency Management Agency (FEMA) Emergency Management
Performance Grant (EMPG) funding based on the following factors: an amount initially allocated to
the county under its Fiscal Year 1994 -95 Emergency Management Assistance agreement with the
Division of Emergency Management (Division), a base amount distributed equally to each county and
an amount commensurate with each county's proportionate share of the state's total population
based on the most recent official population estimates. These amounts shall be increased or
decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division
and the Division's distribution of funds to local governments. After providing for the initial allocation
and the base amount allocation as described above, each county's increase or decrease shall be
commensurate with its proportionate share of the state's total population based on the most recent
official population estimates. Federal funds shall be used by the county for personnel, travel and
operational expenses. Each county must be able to provide a non - federal match for federal funds on
a dollar for dollar basis.
Mandatory Training and Exercise Requirements for EMPG funded employees only
All EMPG Program funded personnel shall complete the following training requirements and record
proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. In
addition, personnel shall complete either the Independent Study courses identified in the Professional
Development Series or the National Emergency Management Basic Academy delivered either by the
Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or
other, designated location.
The Quarterly Tasks (Form 1 B) is due every quarter with your quarterly financial report. This is to
identify all EMPG funded employees, the completion of the required training (or working towards
completion) and the required amount of exercises during the agreement period.
Eligible "Organization" items include, but are not limited to:
• Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite)
• Internet Service
• Maintenance Agreements for equipment or services (reimbursement can only be claimed for
services within the Agreement period)
• General Office Supplies
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment (that does not require an AEL #)
• Software and upgrades
• Publications and Training Materials
• Postage
• Apparel for identification of Emergency Management Staff in the field
• Fuel for Emergency Management vehicles
• Food /Beverages for activations (must have Governor's Executive Order or a declared Local State
of Emergency or prior approval from DEM /DFS)
• Travel to /from meetings and conferences related to emergency management
• Travel to training and /or exercises related to emergency management
• Other Personal /Contractual Services
• Reimbursement for services by a person(s) who is not a regular or full time employee filling
established positions. This includes but is not limited to, temporary employees, student or
49
graduate assistants, fellowships, part time academic employment, board members,
consultants, and other services.
• Consultant Services require a pre- approved Contract or purchase order by the Division.
Copies of additional quotes should also be supplied when requesting pre - approval. These
requests should be sent to the grant manager for the Division for review.
Maintenance and Enhancement
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment (Need prior EHP approval)
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation (Need prior EHP approval)
C. Training
EMPG Program funds may be used for a range of emergency management - related training activities
to enhance the capabilities of local emergency management personnel through the establishment,
support, conduct, and attendance of training. Training activities should align to a current, Multi -Year
TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can
be found at http: / /www.fema.gov /exercise Training should foster the development of a community
oriented approach to emergency management that emphasizes engagement at the community level,
strengthens best practices, and provides a path toward building sustainable resilience.
EMPG Program funds used for training should support the nationwide implementation of NIMS. The
NIMS. Training Program establishes a national curriculum for NIMS and provides information on NIMS
courses; Sub - Recipients are encouraged to place emphasis on the core competencies as defined in
the NIMS Training Program. The NIMS Training Program can be found at
hftp://www.fema.-govltraining-0
The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing
standards. The NIMS Guidelines for Credentialing can be found at http: / /www.fema.Qov /nims-
doctrine- supporting - guides- tools
Professional Development Series courses include:
• IS -120.a An Introduction to Exercises
• IS -230.d Fundamentals of Emergency Management
• IS -235.b Emergency Planning
• IS -240.b Leadership and Influence
• IS -241.b Decision Making and Problem Solving
• IS -242.b Effective Communication
• IS -244.b Developing and Managing Volunteers
To ensure the professional development of the emergency management workforce, the Sub -
Recipients must ensure a routine capabilities assessment is accomplished and a TEP is developed
and implemented.
For additional information on review and approval requirements for training courses funded with
preparedness grants please refer to the following policy: httP: / /www.fema.gov /media- librarv-
data / 1115d44e06367bb89510aafbe79c1875 /FINAL GPD +Training +Three +for +Free +Policy 09 +10+
13.pdf
Additional types of training or training related activities include, but are not limited to, the following:
• Developing /enhancing systems to monitor training programs
• Conducting all hazards emergency management training
• Attending Emergency Management Institute (EMI) training or delivering EMI train - the - trainer
courses
• Attending other FEMA- approved emergency management training
• State - approved, locally- sponsored CERT training
50
• Mass evacuation training at local, state, and tribal levels
Allowable training - related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to
administering the training: planning, scheduling, facilities, materials and supplies, reproduction of
materials, and equipment. Training should provide the opportunity to demonstrate and validate
skills learned, as well as to identify any gaps in these skills. Any training or training gaps,
including those for children and individuals with disabilities or access and functional needs,
should be identified in the Multi -year TEP and addressed in the training cycle. States are
encouraged to use existing training rather than developing new courses. When developing new
courses states are encouraged to apply the Analysis Design Development and Implementation
Evaluation (ADDIE) model for instruction design.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of attendance at FEMA and /or approved training
courses and programs are allowable. These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the state or unit(s) of local government and has
the approval of the state or FEMA, whichever is applicable. In no case is dual compensation
allowable. That is, an employee of a unit of government may not receive compensation from their
unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to
5:00 p.m.), even though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by
employees who are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors /Consultants. Full or part-time staff or
contractors /consultants may be hired to support direct training - related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local
government and have the approval of the state or FEMA, whichever is applicable.
• Certification /Recertification of Instructors. Costs associated with the certification and re-
certification of instructors are allowed. States are encouraged to follow the FEMA Instructor
Quality Assurance Program to ensure a minimum level of competency and corresponding levels
of evaluation of student learning. This is particularly important for those courses which involve
training of trainers.
D. Exercises
All EMPG- funded personnel are REQUIRED to participate in no less than three exercises in a 12 month
period.
Allowable exercise - related costs include:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs
related to planning, meeting space and other meeting costs, facilitation costs, materials and
supplies, travel, and documentation. Sub - Recipients are encouraged to use free public
space /locations /facilities, whenever available, prior to the rental of space /locations /facilities.
Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to
identify any gaps in these skills. Gaps identified during an exercise including those for children
and individuals with disabilities or access and functional needs, should be identified in the AAR /IP
and addressed in the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors /Consultants. Full or part—time staff may be
hired to support direct exercise activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the state or unit(s) of local government and have the approval of
the state or FEMA, whichever is applicable. The services of contractors /consultants may also be
procured to support the design, development, conduct and evaluation of exercises.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of time spent on the design, development and
conduct of exercises are allowable expenses. These costs are allowed only to the extent the
payment for such services is in accordance with the policies of the state or unit(s) of local
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government and has the approval of the state or FEMA, whichever is applicable. In no case is
dual compensation allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single period of
time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by
employees who are on travel status for official business related to the planning and conduct of the
exercise activities.
• Supplies. Supplies are items that are expended or consumed during the course of the planning
and conduct of the exercise activities (e.g., gloves, non - sterile masks, and disposable protective
equipment).
• Implementation of HSEEP. This refers to costs related to developing and maintaining an
exercise program consistent with HSEEP.
• Other Items. These costs are limited to items consumed in direct support of exercise activities
such as the rental of space /locations for planning and conducting an exercise, rental of
equipment, and the procurement of other essential nondurable goods. Sub - Recipients are
encouraged to use free public space /locations, whenever available, prior to the rental of
space /locations. Costs associated with inclusive practices and the provision of reasonable
accommodations and modifications that facilitate full access for children and adults with
disabilities are allowable.
Unauthorized exercise - related costs include:
• Reimbursement for the maintenance and /or wear and tear costs of general use vehicles (e.g.,
construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The
only vehicle costs that are reimbursable are fuel /gasoline or mileage.
• Equipment that is purchased for permanent installation and /or use, beyond the scope of exercise
conduct (e.g., electronic messaging signs)
• Durable and non - durable goods purchased for installation and /or use beyond the scope of
exercise conduct
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web -based version of the
Authorized Equipment List (AEL) at https: / /www.fema.gov /authorized - equipment -list Unless
otherwise stated, equipment must meet all mandatory regulatory and /or FEMA- adopted standards to
be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and
maintaining all necessary certifications and licenses for the requested equipment.
Allowable equipment includes equipment from the following AEL categories:
• Personal Protective Equipment (PPE) (Category 1)
• Information Technology (Category 4)
• Cybersecurity Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials
(Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14)
• CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category 21)
In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the
responsibilities of the EMPG Program. If Sub - Recipients have questions concerning the eligibility of
equipment not specifically addressed in the AEL, they should contact their Grant Manager for
clarification.
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Sub - Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially
high cost items and those subject to rapid technical advances. Large equipment purchases must be
identified and explained. For more information regarding property management standards for
equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and
200.316.
Controlled Equipment
Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature
of the equipment and the potential impact on the community, there are additional and specific
requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds
for Controlled Equipment for the complete Controlled Equipment List, information regarding the
Controlled Equipment Request Form, and a description of the specific requirements for acquiring
controlled equipment with DHS /FEMA grant funds. For additional information on controlled equipment
refer to
Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition
( https• / /www qpo qov /fdsys /pkq /DCPD- 201500033 /pdf /DCPD- 201500033.pdfl and the
Recommendations Pursuant to Executive Order 13688
(http / /www whitehouse qov /sites /default/fiiles /docs /le equipment wq final report final .pd
Requirements for Small Unmanned Aircraft System
All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA grant funding must
also include the policies and procedures in place to safeguard individuals' privacy, civil rights, and
civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment,
see Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy,
Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft
Systems (https: / /www whitehouse qov/ the - press - office/ 2015 /02/15 /presidential- memorandum
promoting- economic - competitiveness - while- safegua) issued February 20, 2015.
F. Management and Administration (M &A)
M &A activities are those defined as directly relating to the management and administration of EMPG
Program funds, such as financial management and monitoring. It should be noted that salaries of
state and local emergency managers are not typically categorized as M &A, unless the state or local
EMA chooses to assign personnel to specific M &A activities.
Indirect Costs
Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the
exception of Sub - Recipients who have never received a negotiated indirect cost rate as described in
2 C.F.R. § 200.414(f), Sub - Recipients must have an approved indirect cost rate agreement with their
cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully
executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time
of application, and must be provided to FEMA before indirect costs are charged to the award.
II. Construction and Renovation
Construction and renovation projects for a state, local, territorial, or Tribal government's principal
Emergency Operations Center (EOC) as defined by the SAA are allowable under the EMPG
Program.
Written approval must be provided by FEMA prior to the use of any EMPG Program funds for
construction or renovation. Requests for EMPG Program funds for construction of an EOC must be
accompanied by an EOC Investment Justification (FEMA Form 089- 0 -0 -3; OMB Control Number
1660 -0124 ( http://www.fema.gov/i)df/-qovernment/-qrant/20 1 1/fY1 1 eoc inv.pdfl to their Regional
EMPG Program Manager for review. Additionally, Sub - Recipients are required to submit a SF -424C
Budget and Budget detail citing the project costs.
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When applying for funds to construct communication towers Sub - Recipients must submit evidence
that the Federal Communication Commission's (FCC) Section 106 review process has been
completed and submit all documentation resulting from that review to GPD prior to submitting
materials for EHP review. Sub - Recipients are also encouraged to have completed as many steps as
possible for a successful EHP review in support of their proposal for funding (e.g., coordination with
their State Historic Preservation Office to identify potential historic preservation issues and to discuss
the potential for project effects, compliance with all state and EHP laws and requirements). Projects
for which the Sub - Recipient believes an Environmental Assessment (EA) may be needed, as defined
in 44 C.F.R. § 10.8, must also be identified to the FEMA EMPG Regional Program Manager within six
months of the award and completed EHP review materials must be submitted no later than 12 months
before the end of the period of performance. EHP review packets should be sent to
gpdehpinfo(@fema.gov
EMPG Program Sub - Recipients using funds for construction projects must comply with the Davis -
Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub - Recipients must ensure that their contractors or
subcontractors for construction projects pay workers no less than the prevailing wages for laborers
and mechanics employed on projects of a character similar to the contract work in the civil subdivision
of the state in which the work is to be performed. Additional information regarding compliance with the
Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the
following website:
hftp://www.dol.-gov/compliance/laws/comp-dbra.htm
III. Maintenance and Sustainment
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or
replacement costs, upgrades, and user fees are allowable under all active grant awards, unless
otherwise noted.
EMPG Program grant funds are intended to support the Goal and fund activities and projects that
build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of,
respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In
order to provide Sub - Recipients the ability to meet this objective, the policy set forth in GPD's IB 379
( http: / /www fema gov /grant- programs- directorate information bulletins) (Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DHS /FEMA Grant Funding) allows for
the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of
existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant
program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal,
and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment,
training, and critical resources that have previously been purchased with either federal grant funding
or any other source of funding other than DHS /FEMA preparedness grant program dollars. Additional
guidance is provided in FEMA Policy FP 205 - 402 - 125 -1, Maintenance Contracts and Warranty
Coverage Funded by Preparedness Grants, located at: http: / /www.fema.gov /media-
library /assets /documents /32474
Unallowable Costs
• Prohibited Equipment: Grant funds may not be used for the purchase of Prohibited Equipment.
Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete
Prohibited Equipment List. For additional information on Prohibited Equipment see Executive
Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition
( https: / /www gpo gov /fdsys /pkq /DCPD- 201500033 /pdf /DCPD 201500033 pdf) and the
Recommendations Pursuant to Executive Order
13688 ( https: / /www.whitehouse.gov /sites /default/fiiles /docs /le equipment wq final report final od
D.
• Expenditures for weapons systems and ammunition
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• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional
public safety duties or to supplant traditional public safety positions and responsibilities
• Activities and projects unrelated to the completion and implementation of the EMPG Program
In general, Sub - Recipients should consult with their Grant Manager prior to making any investment
that does not clearly meet the allowable expense criteria established in this Guidance.
IV. Environmental Planning and Historic Preservation (EHP) Compliance
As a federal agency, FEMA is required to consider the effects of its actions on the environment and /or
historic properties to ensure that all activities and programs funded by the agency, including grants -
funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub -
Recipients proposino projects that have the potential to impact the environment including but not
limited to construction of communication towers, modification or renovation of existing buildings
structures and facilities, or new construction including replacement of facilities must participate in the
FEMA EHP review process The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project along with supporting
documentation so that FEMA may determine whether the proposed project has the potential to impact
environmental resources and /or historic properties. In some cases, FEMA also is required to consult
with other regulatory agencies and the public in order to complete the review process. The EHP
review process must be completed and approved before funds are released to carry out the proposed
project. FEMA will not fund projects that are initiated without the required EHP review.
Additionally, all Sub - Recipients are required to comply with FEMA EHP Policy Guidance. This EHP
Policy Guidance can be found in FP 108 - 023 -1, Environmental Planning and Historic Preservation
Policy Guidance (http://www.fema.gov/ media - library- data/1421336453304-
d48abd61f8b2a35d2bad325ae49ae531 /FP1080231 Environmental Planning Historic Preservation
Polic . d , and FP 108.24.4, Environmental Planning and Historical Preservation Policy
( http: / /www.fema.gov /media - library- data/1388411752234-
6ddb79121951a68e9ba036d2569aa488 /18Dec13- NoNEPAReview pdf)
EHP Technical Assistance, including the EHP Screening Form, can be found at
(hftp://www.fema.gov/media-library-data/20130726-1806-25045-
2839/god ehp screening form omb 1660 0115 Tune 2011 pdf)
V. Other Conditions
Vehicles
Written approval from the Director of the Division must be obtained prior to the purchase of any
motor vehicle with funds provided under this Agreement. In the absence of such approval, the
Division has no obligation to honor such reimbursement request. Any trade -in or resale funds
received relating to any vehicle purchased under this subgrant is program income and must be
applied toward the Sub - Recipient's EMPG Base Grant expenditures.
Food and beverages
• Food and beverages may be purchased for Emergency Management personnel and other
personnel only if the Sub - Recipient's Emergency Operation Center or field command office is in
an activated status and personnel receiving food /beverage are on duty at either of these
locations. Purchases may be made only under (1) An Executive Order issued by the Governor,
(2) a State of Emergency appropriately declared by local officials in response to an emergency
event or threat or (3) the Division may consider additional request. The request would need pEk
approval from Department of Financial Services and the Division. For more information, ask your
grant manager.
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