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Item C06C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: C.6 Agenda Item Summary #4387 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289 -6325 N/A AGENDA ITEM WORDING: Approval of an agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Performance Grant (Contract 419 - FG- ) in the amount of $67,044.00, fully grant funded and no county match; and authorization for the County Administrator to execute any required documentation in relation to the grant. ITEM BACKGROUND: This is an annual Grant Agreement between the State of Florida, Division of Emergency Management and Monroe County. The Grant is intended to enhance County Emergency Management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program. This agreement shall begin July 1, 2018 and end June 30, 2019. PREVIOUS RELEVANT BOCC ACTION: This grant has been approved each year since 1994. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: EMPG Corrected Pg 47 FINANCIAL IMPACT: Effective Date: July 1, 2018 Expiration Date: June 30, 2018 Total Dollar Value of Contract: $67,044.00 Total Cost to County: $0 Current Year Portion: Budgeted: NO Source of Funds: Grant CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A Grant: $67,044.00 County Match: $0 Insurance Required: N/A Additional Details: N/A If yes, amount: N/A REVIEWED BY: Martin Senterfitt Skipped 06/20/2018 3:25 PM James Callahan Completed 06/21/2018 2:20 PM Cynthia Hall Completed 06/21/2018 6:24 PM Budget and Finance Completed 06/25/2018 8:03 AM Maria Slavik Completed 06/25/2018 8:24 AM Kathy Peters Completed 06/25/2018 1:50 PM Board of County Commissioners Pending 07/18/2018 9:00 AM 100 It TP M 2W IMMMINTINVINTAML immfgallej ro rM P MOTIT r M. 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 tte pass-through entity mom 711TOTITOTM M July 1, 2018 Jul iiM _ June 30, 2019 1 local, tribal, and territorial emergency mana I rls the Quadrennial Homeland Security Review MtssJon,to,.StreMthen_ National Preparedness and Resilience, Name of Federal awarding agency� The Department of Homeland Securit y (DjjSj Name of pass-through entity: Florida Division of EmeLgency Management Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance (CF DA) Number and Name: 97,042 Whether the award is R&D: Indirect cost rate for the Federal award 2833% 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 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 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, 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." §200,302 providesi 'Each state must expend and account for the Federi2j A . - - 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 th; MWOM must be received and accepted in writing by the Division before payment. Each deliverable must be 1ke ctly-rreAAee sc: vAe_ #fA#j # rk-2 xl-s g ec 6 , Aum0_%mvm7a4evel if --emice-t t4e—A e Ktnmed and the criteria for evaluating the successful completion of each deliverable. . 0 1 - - . - - M.15 M.- #1r_-T7eMMZ=R W111197 =is* I - -4 .0 - 11-111 . of Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. . 01111KOJOH11111111 upon by the parties, which terms and conditions shall govern all transactions between the Division and the Sub-Recipient. 3. EXECUTION 0 a - . 1 4 1 - - 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 ME 71181 �� • OBEEMIUM= 1--wooriI 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, NEI= 9 INNIRIMIRIVINITIMP! � I 111, 1 6 - I # I - a - a I after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party, . • . 0 • — :12MII - 2-9 a A, This is a cost-reimbursement Agreement, subject to the availability of funds, B. The State of Flbricla's performance and obligation to pay under this Agreement is accordance with either Chapter 216, Florida Statutes, or the Florida Constitution 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 of Work The maximum reimbursement amount for the entirety • this Agreement is $67,044.00. M 0 .--, IrM M-T-211117.17MIRFM MiLIPM n-97-27110 =. - 3 • Z 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 1 12.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: - is 0 a so I (2) Participation of the individual in the trave is necessary to the Federal award. If authorized by the Federal Awarding Agency, then the Division will reimburse the symposium, workshop or event whose primary purpose is the dissemination of technical information Federal award." 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� I I - it 0 1 P SWIM R • the person attending." • PAYMENTS documentation for all costs • the project • 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. - 4 1 1 0 1 ]III'llil 1 mil 11111ll 111111!11113 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 I P--- res. i urseit-je:tts a rdi - ILI purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false. fictitious or fraudulent informatio LOI 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)." li�illilli!!I�ilill�iiiiiiiiii�iiiiI I ITIVIRIFIFIR 03��� J . . . . . . . 1 NI WAIII r 9AWVV �VVXVWl 1310 and Attachment B, that clearly delineates: (1) The required minimum acceptable level of service to • 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 • that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable req and I- • • - *••• • - 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. by the United States Congress, the federal Office • Management and Budgeting, the State Chief Financial Officer or under sub III_ r a h E3, of this A all oblivations on the joiart of the Div' 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. I �, FRUIPIN191:10IMM, Ill 1111T. F4 a I M "m payable to the order of "Division of Emergency Management", and mailed directly to the following address: K M 1 11110011 W, 1 74 ten, a I VM P1 M�• �11 I EMM11111ITITERITITY RECONFIRM! 111 IMPURNTRUP. W, of the face amount of the returned check or draft, whichever is greater. _�M the Agreement complies with all applicable federal and state laws and regulations, to include Non-Federal Entity Contracts Under Federal Awards"). sufficient to detail the history • procurement, These records will include, but are not necessarirly 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." *nsure that contractors perform in accordance with the terms, conditions, and specificat�ons of their — contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub- Recipient shall document in its a rill re�ort to the Division the Dro of ant and all subcontractors performing work under this Agreement. I I - • 0.1 • 0 am 0 1 • I a Z 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. r - t 17TIFTITITIT-71 • - - - Yal the selection, award and administration of contracts." .orocurement under this agreement "in a manner providing full and open competition." Accordingly, th�_! Qub-Recipient shall not� III! ITIT17iiiiiiiii 11i IMMMM (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated dgw� (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 ME= EGMZ= 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, il Allow a vendor to bid on a contract if that bidder was involved with developing or 1111 311ITIMNIF 1 .1 1 .. : I : I �1 1 ;J I I I ! i 0 1 1 1 3 1 1 11 11 M T � I! I !Ili I I I I ancourage" otherwise, the Sub-lReciplent, as required by 2 C.F.R. §200.319(b) shall not use a geographic preference when procuring commodities or es under this Agreement, ;11;�liii!�; 05r. Mr-M M_ (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287,057(1)(b), Florida Statutes. A �Wl illill� Il 11111TIP7 112 T 11 • • Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements • 2 CT.R. §200.321 W ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). Z III I IIII�gg�111111 - 17 VNIOUPIT MIC n )7jF5URM7R7- -��flecompfianceotaiisut)contractorsor consultants paid from funds under this Agreement, for a period of three (3) years from the date of aubmission of the final expenditure report The following are the only exceptions to the three (3) year — requirement: ne recorcis 1111 On igation, cFaims, or audit findings involving the records have been resolved and final action taken. WE Irect 7 agencj TorzKV01t, cognizant agency Tor Wo costs, or pass-through entity to extend the retention period. 747 M MOTT M11 some cases, recipients must report program income after the period of performance Where there is such a reauiremp,13t_ the retention neriod for the 2MT from the end of the non-Federal entity's fiscal year in which the program income is earned the following types • documents and their supporting records: indirect cost rate computations or group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). M 1 P RIM jl� Nji I III! 'T 111111 if a the records possess long-term retention value. to safeguard protected personally identifiable information and other information the Federal awarding 2gW4'Y VI applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: 1 ff 9TU I or colorls misr De op '2) Reasonable notice of such meetings must be given; and, (3) Minutes of the meetings must be taken and promptly recorded. im subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all • rocram costs in a form suffic'eii and objectives • the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. Ec� -•. Vii. !!! IN _rM - - - - - I greement are eserve to and shall be owned by the State of Florida. Agreement provides otherwise. affir-M—Mr. 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, • other intellectual property protection in its name 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. III I I III! � 11111 illill"�lIiliiii Jill ;IIIIIIIIII11111 I f I I fly 9 MR. 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." MOVEMENT lI WITI11 I mIl accordance with the conditions of this Agreement, the Sub-Recipient shall be held Ilable for Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. is defined in section 215,97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no �ater than nine months from the end of the Sub-Recipient's fiscal year. accordance with 2 C.F.R. Part 2010, by or on behalf of the Sub-Recipient, to the Div at the foliow ng address: ]IM4 • I F-1 W *1 % MIS 10 M4 - of in 6 M-1 - 0 - . DEMSingle 111IRENWALOM MOOM - III III 1 1 101111 11 "! 111 Iff , I I I � , I III I I I I I � III I IN _1111111111111111oll I j Xl I i . 1 1 A C I exs)enditure of funds under this Aareement. in addition to any other information r quarter • the program year and shall be sent each quarter until submission of the administrabve close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 31 and December 31. Nmm�� 1!!.� 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 Ltothe i j j 7 1 1 , 111111 � I i N g! F-IT1175471,11-TTIT"N M e 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 remedie after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment �Ill!gppl fl� 11 11HR1[.Tl?z3M3= I I 1 1111 W 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; Ijj!1!!I III III ;1 1111 1111!11 thirty days from the date written notice is sent by the Division; Vays prior written notice of the termination. The notice shall be effective when placed in the United States- first class ma' eaistered or certified mail-return recei -2ddress in paragraph (6) herein C, Mthhold 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 E. Exercise any corrective or remedial actions, to include but not be limited to: (1) Request addTonal information from the Sub-Recipient to determine the My Mrs M1, F. Exercise any other rights or remedies which may be available under law. 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 strct 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. 14 Cause can include misus of funds, fraud, lack • comp1ance 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 11111111[ 1 li�ll�����l�illl!!!Ill!!I�iiiiiii�ll!!Illlll�l!���� its sole discretion, that continuing the Agreement would not produce beneficial results in line with the ag through a written amendment ■ this Agreement. The amend e the effective date of the termination and the procedures for proper closeout of the Agreement. A 0 1 N 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, This Agreement has the following attachments: — (1) Attachment A — Budget (2) Attachment B — Scope of Work/Deliverables 19 F-W�GTMM- for any actions arising out of this Agreement shall be in the Circuit Court • 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 severabIa—'*%gfiF.1*T*1vTvk1 MWmErr provision • this Agreement. EMEEM�� Law 101 -336, 42 U,S.C. Section 121 et sec 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. WEIM receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 111A. • had a civil judgment rendered against them for fraud • 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 • destruction of records, making false statements, or receiving stolen property: - a-0 1 - S I f n I • I I r .. - - - . - • this certification and, *A- • A40 rq.�� - • ro3ii7a jM= transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Volunta WWI �* Agreement. The form must be received by the Division before the Sub-Recipient enters into a contrac with any subcontractor. I 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, 1111111lll� iilqp�gis� 11 � I I I Division's obligation to pay the contract amount. MHIM��� 1111 IM TIMIR 1! IN 1 11 1 acquired for public use under this Agreement must have been produced in the United States as require! under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. IS 4 M I rt ifi or contract prohibit the expenditure of f unds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." used directly or Indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. . - 4 - 0 Mr - . � EEMEHMM��� � �, �M paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Con;Eress, an officer or em-,ilo ee of Co ress or an em�klo iee of a Member of Con , v� *,n*� connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." I NA- A Mot 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 more than $100,000 for each such failure XzjLq LIL I I, The contractor will not discriminate against any employee or 2pplicant for employment because of race, color, religion, sex, or nationalorigin, The contractor will take affirmative action to ensure tha) ?pplicants are employed, and that employees are treated during — IV M 111 1 11MV11 4=9 4104MMIRMSTAIRETIM ii. The contractor will, in all solicitations or advertisements for employees placed • or on behalf • the contractor, state that all regard to race, color, religion, sex, or national origin. 11 1 IM low 13. UMMUMNSTI ATITUTFUT this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 0 - 0 11246 of September 24, 1965, and of the rules, regulations, and relevant #rders of the Secretary of Labor. ♦ 011! IFIRITIT -r -• • Executive Order 11246 of September 24, 1965, and by rules, rqv,vlatibms, and orders of the Secretaro of Labor—or Aursuant thereto, and will permit access to his books, records, and accounts by the l ow orders. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law 111 11!111 lII11I1! 1 11 11 123 �11111111 11 1111 IN MIX11 I 2W H P"eWY11-17 I I 1 11 work: provided, that if the applicant so participating is a State • local government, the above equal opportunity clause is not app Fcable to any agency, instrumentality • subdivision • such government which does not participate in work on or under the contract. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and « : = <r < <,» - ? ° © » » 0 «m <« RE . I . . "AIMINLIN 571#11MMIPA452 MIMMMMOM • pt. 3000, subpart C and must include a requirement to compl?A 41 by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pL 180, subpart C and 2 C.F.R. pt. 3000, subpart addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iffer is valid and throughout the period of any contract that may arise fromthisoffer. The bidder or proposer further agrees to include a (29)1 YRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, • - - 0 award. Such disclosures are forwarded from tier to tier up to the recipient. gur;xvjrsm-mtzo=- liiiIPIIII1!! .. mgiil�wl mm wrrvm ww"r, affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: I go No 4 • sm Ill 1111 P, I III I ;11I N "I" quantities to permit maximum participation by small and minority businesses, and women's business enterprises; the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 11 socioeconomic contracting,` does not impose an ob'igation 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. =�, ;111111'; 9HIMAHM-4.1 21 : .11111IMM steps to involve small and minority businesses and women's business enterprises. smaller tasks or quantities to permit maximum participation by small and minority businesses, and smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e g. "project splitting"), 1121MIM11115IRMIRRIN liliplil 11111111 0 6 0 - = - - - I MM"Igm M1 Agreement and that its governing body has authorized the execution and acceptance of this Agreement. 23 _Pr 'wr Sub-Recipient to the terms of this Agreement. BE Iguyl i I ki, I - a grol a 1 -- - By: an 25 ATTACHMENT A Funding from the Emergency Management Performance Grant is intended for use by the Sub- � Recipient to perform eligible activities as identiU d in Notice of Funding Opportunity (NOFO), Fiscal Year 2018 EMPG, Appendix B - FY 2018 EMPG FundMg Guidelines and programs that are consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes Below is a general budget which outlines eligible categories under this award, The Sub -recipient is to utilize the Proposecl Program Budget" as a guide for completing the "Budget Detail Worksheet" below I The Equipment category wid requ�re Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant prograrns,. The AEL can be found at http E m - oy/authorized- equipment4st 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 • your grant manager. ME m 19 BACKGROUND The Emergency Management Performance Grant (EMPG) subgrant agreement authorizes reimbursement for eligibi activities as identified in the Notice of Fundina Oppo�Lu�iI�Q), Fiscal MIF41I I IPA TM NJ VIIP9410MV1111*1 1;W I III LAMI E I A item I tr�ALSJI • Planning; • Organization; ® Training; • Exercise; 4 Equipment; and, • Management and Administration. T, recol 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. L fmLR�-F* 'mergency Management Program, 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 The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsor�ng agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. BE 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. % 1111771711 1. Match, Throughout the period of performance for this Agreement, the Sub-Recipient shall use non- Federal funds to match dollar for dollar all funds provided under this Agreement. 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 shall be provided, NOTE: If the federal obligation exceeds EMPA then you need to identify the other non- federal match, In the space provided • the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement, Deliverables (due each quarter): • Quarterly Match Form (Form 3A) and, * Receipts, expense reports, or similar pieces of documentation that demonstrate Sub- Recipient expenditures at least equal to the amount of reimbursement requested for that quarter, 2. National Incident Manaclement System ("NIMS"). Throughout the period of performance for this Agreement, the Sub , Recipient shall utilize NIMS. WKI CA I 147;VK-] 11114 1 IZA 111-I N 141 A I WWI 11 • M KE 41 W"111 -1 I'l 1 1 1 --- ME-1 irt - 1 e - tiptl t&e C 1 1 #( us trial allou U1 I er 5e UMILIUb LU F UaU11Jr1F1le9 fate anC1, N necessal establish unified command during an incident. Veliverable (due second quarter): The Sub -Recipient shall complete a NIMS survey in the Division's ShareP• int portal. This survey is designed to provide a self-assessment instrument to evaluate and report on your jurisdiction's implementation of the National Incident Management System (NIMS). I&] !J 1 W41 1 41H10J PH-CA4 11-7ARIM1171 V 1 6 - at III&INI.I@Lilnf-l*iolicloseli!ollola*jaoilRI Big - • NIMS Training, Independent Study (IS) 100 (any version), IS 200 (any version), IS 700 (any version), and IS 800 (any version) • Professional Development Series (PDS) or the Emergency Management Professional Program (EMPP) Basic Academy (E/L1 01 thru 105) delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, designated location. Deliverable (due each quarter): Provide a current version of the Staffing Detail Form (Form 4); and, Provide current course completion documentation for all personnel listed on Form NOTE: For quarters 2, 3, and 4, additional course completion documentation is required only Personnel listed on the Staffing Detail Form successfully complete additional courses, and/or, New personnel are listed on the Staffing Detail Form, 4. Planninci, Trainin% and Exercises. The Sub-Recipient shall develop and maintain a Multi-Year Training and Exercise Plan ("MYTEP") that identifies a combination of exercises and associated training requirements that address priorities identified in the TEPW and builds from training gaps identified in the THIRA/SPR process F& a 11 rr tasic, Tperaml 17, and/or community-based approach to preparedness. Training activities must enhance the capabilities of emergency management personnel, including -stablishing, supporting, conducting and attending training deliveries. Training activities should align to a current, MYTEP developed through an annual Training and Exercise Plan Workshop (TEPW) i?nd should reflect efforts to address training capabilities gaps through the RTIIP. Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its ,v,reatest risks. Exercise priores should align ► a current Multi-Year TEP developed through an 2nnual TEP41. 5. Strengtheninci Governance Integration. Each quarter, the Sub-Recipient shall conduct Strengthening Governance Integration ("Stakeholder") conference calls or meetings and shall invite the following stakeholders: KN Each state university and state college in the County and, Each Voluntary Organization Active in Disasters ("VOAD") with a significant presence in thz County. Attendance at a conference call or meeting is not mandatory for the Stakeholders listed above: 6 0014'M I I & - I a orza I A IN I C-IMOXMI14*49 I NRW I I IM M 11 1-71Q I i A I al I MM WIPIR 1 �::or the Florida Virtual School, which lists a physical address in Orlando, Florida, only Orange County is required to include that particular school district as a Stakeholder, Deliverables (due each quarter): • Provide the Division with a list • each stakeho e• to each Stakeholder conference call • meeting d, • Provide the Division with meeting notes that accurately document the content of the discussions during each Stakeholder conference call or meeting, 1, https://www.fema.gov/how-sign-ipaws 2. County emails FEMA requesting IPAWS capability IPAWS@fema.dhs.gov 3, FEMA sends the county an application 4. County completes application and returns to FEMA I PAWS@fema,dhs.gov KK Other recommendations: 0 61jo iio W I Nii"k-I . 0 Deliverable (due third quarter): 0 The sub-recipient shall upload FEMA PAWS MOA in the Division's SharePoint portl 34 Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient on a by this Agreement. However, the following limitations shall apply� • In any quarter, the Division shall not reimburse the Sub-Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement� and, • The cumulative amount of reimbursement for quarters 1, 2, and 3 shall not exceed 85% of the overall amount authorized by this Agreement. _Uru MITETRUMMITIM""T exceed the 40% cap for a particular quarter. However, under no circumstances shall the cumulative reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this Agreement. Lf I I ;-Util ;;; 16e6�56e'd�MFW ( fien-W%ilTr , - - 11 applicable deliverables, shall result in the following penalty: The Division shall apply the penalty each quarter during which the Sub-Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed: and, each penalty shall be applied cumulatively. If, because of circumstances beyond the Sub-Recipient's control, the Sub-Recipient is unable to successfully perform a task required by this Agreement, then the Sub-Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyont the control of the Sub-Recipient, then the Division will consider waiving the imposition of a financial consequence. M ATTACHMENT C PROGRAM STATUTES AND REGULATIONS Km ■ ira R OTIMTHM11 IIIIIIII lima M11 I-TurcurYTTIFIancial rupu(L� are aije to R no iater inan � Wr- - t oT eacn qlWar"Yer the program year; and shall continue to be submitted each quarter until submission ■ 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. FU I'm I. � , ■ , , � � IWO . 11 1 7 1 1 fl! �!! R quarterly financial reports. M LeUMMUTIM194 1=8 • Michael J. Day Karen Lyons 1 ,FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd, J Tallahassee, FL 32399-2100 Tallahassee, FIL 32399-2100 (850) 815-4346 (850) 815-4325 Michael. Dqy_@_ern,myf Karen. Lyons@em.m jorida,com R _yflorida.com The Division shall determine eligibility of projects and approve changes in Scope of Work. The Division shall administer the financial processes. 38 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: Advance payment of $ - _' - is requested. Balance of payments .% ill 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. %% e would not be able to operate the pro-rain without this advance. I I 11 1 1 11TWIFIN 11 I'M 11111111 = 111 = I ; r11111i 9 ailgm=-W BUDGET CATEG•R V14-M-1111 P"Iflaillift I of Contract ADMINISTRATIVE COSTS (include Secondary Administration,) 1E ATTACHMENT F 1113 1 71 1 oiiriiii� Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 CFR, §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F,R. §§200.317 through 200,326). MIMI 3MIZ! ;1I 11� �1:1111 !1� MMUM M IFTWOMU MIM7 40 UN 6 UPON Jj 114 LI k ( The prospective subcontractor of the Sub-Recipient, . ___ certifies, by submission • this document, that neither it nor its priincipals is presently debarred, suspended, proposed for debarment, declared ineEgible, or voluntarily excluded from participation n this transaction by any Federal department or agency. (2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospect've subcontractor shall attach an explanation to this form M % - . 19rOHN h d A: Street Address AM; 1 M ATTACHMENT H 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 tovern the a"lication, accectance and use of Federal funds for - - 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. Z It will comply with provisions of Federal law which limit certain political activities of employees of a whole or in part by Federal grants. (5 USC 1501,et. seq .. 31 Standards Act. those with whom they have family, business, or other ties- Mo A- 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning specia'. 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 under consideration for listing by the EPA, 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 42 1 1 .- T re I IF; 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 Grants, M71 00. 1; and all other applicable Federal laws, orders, circulars, or regulations, 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, nationa� 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 Empoyment Opportunity Program if required to maintain one. where M application is for $500,000 or more, I 15. It will comply with the provisions of the Coastal Barrier Resources Act (P1 97-348) dated October 19, uMts-t-q, 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 CIFIR Part 67 Sections • 615 and 67 620 IN ATTACHMEMT L Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix 11 to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the require pcovisio The Division provides the following list of sample provisions that may be required. I 44 OMB Guidance P12 200, Ap 11 ME 45 other award uovered by 31 U S. C 1352, Poch tier must also disclose any cabby WIth non-federal funds that takes place in con - as -tion with obtaining any Pedem] award. Bach disclaim vs are forw&rded from tier to U up to the non-Federal awwA, (K) Sw §200 222 Procurement of mcovered mtarials. L malor Puftemns Of Iftstituden W 2 CFA Ch. 11 (1-1-14 Won) 2. Ori leria for Dizimbution 46 Attachment J Allowable Cost and Eligible Activities I. Categories and Eligible Activities The 2018 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 Operation Plans • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation planning • Recovery Planning • Continuity Plans • Federal (and Mutual Aid) Emergency Response Official (F /ERO) Credentialing and Validation Planning Costs Supporting Documentation: Provide copies of completed plan, 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. B. Organization 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, corngensatory 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 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 Cost" items include, but are not limited to: • Utility (electric, water and sewage) �Mvz-ymol & WME 2701 90.1-Mol &I I mi I a faminmer. to • MOMM I - W, §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, the non-Federal entity and is necessary and reasonable for successful performance under the Federal award." imma.-ImMMS 0 r .gfjll g M # M.L'TO In order for travel to a conference or convention to qua�;,fy for rembursement, the cost must be 4e1?_S* i-r-If a task required by this Agreement %ff - .. - - I ru _, - .. I - 11-Gurli required by this Agreement- travel to a conference that complies with the requirements of Rule 691-42 004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. N Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: must include: • A statement explaining how the expense directly relates to the Recipient's successfu' performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. M Meal Allowance and Per Diem: Section 112.06116Xi , ��)i Florida Statu travel period as follows� 0 $6 for breakfast (when travel begins before 6 a.m and extends beyond 8 a.m.); a $11 for lunch (when travel begins before 12 noon and extends beyond 2 p,m.); and, 0 $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061 (a), Florida Statutes, establishes the per them amounts, All travelers ar'� allowed: • The authorized per them for each day of travel; or, • If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061 (b), F.S., plus actual expenses for lodging at a single occupancy rate. 'PIZT S G e using TOOF six-nour periocis (quarters) Deginning at midnQht for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per them while on Class A travel on a midnight to midnight basis. A traveler on Class A or 8 travel who elects • be reimbursed on a per them basis is allowed $20.00 for each quarter from the time of departure until the time of return. IQ NM M 1 W.V. MAIMS! I a M. Q_Q lunch, • $19 for dinner unless.- Hotel Accommodations: 91.11 - �W' - J*" IWO I # AW 1A i .07M ATOF approTa 7 1 MU trie cost of any notei accommodation shall not excee $150 per night. Travel Reimbursement Forms: Unless the Recipient has received prior approval from the Florida Department of Financial 003, Florida Administrative Code. Those forms include: • The Authorization to Incur Travel Expense, Form DFS-AA-1 3. • The Application for Advance on Travel Expenses, Form DFS-AA-25; and, • The Voucher for Reimbursement of Travel Expenses, Form DFS-AA-15. W i W W 10 11 ♦- • 0 - 0 . III&_Joel W 1 10 1 6 11 1 1 111 - r- I 111JUEM 1114112 (1 V�111 WAVA SIM 1 161 O P H E 11416 01 MVE I r - jr - MA I L-7d INA Il ► k0l k fi A LAM I M IMIM I I N. IS I rV_iWA Training Costs Supporting Documentatiow 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 or Lead Instructor verifying attendance), - - M- M responsibilities ♦ 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. 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. ♦§ 200310, 200.313, and 200,316. Lml I T,4t.11 r4a wi I [-a*] A;X! I Metz] A rzleA A I-710pr-3 at• ] 2 01 ple I ALq] fflll --] I I F. Irianagement 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 ■ El EMA chooses to assign personnel to specific M&A activities. timesneets aocumenting FIULIFS WOMW ana proof employee was paid (i.e., earning s TMements/payroll registries). '11. Construction and Renovation Construction and renovation projects for a state, local, territorial, or Tribal government's principa' Emergency Operations Center (EOC) as defined by the SAA are allowable under the EMPG Program. Ill. Maintenance and Sustainment The use of FEMA preparedness grants funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. in 37