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19-FG-AF-11-54-01-121 07/18/2018
gyp° " °4 -vo Kevin Madok, CPA �� •: , Pr • *o' . ...- = Clerk of the Circuit Court & Comptroller — Monroe County, Florida 1 � " R°aeouc� : DATE: August 3, 2018 TO: Jeff Maiming, Sr. Planner Emergency Management Ar FROM: Pamela G. Hanc i I .C. SUBJECT: July 18 BOCC Meeting Attached are two duplicate originals of Item C6, Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Performance Grant (Contract #19 -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, executed on behalf of Monroe County for your handling. Please be sure to return a fully executed duplicate original to our office once signed by the state for the Clerk's record. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 305 - 852 -7145 Contract Number: Iq -Fs -1- ((- Sy- a1 -C24 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-Recipients name: • Monroe County Sub-Recipients unique entity identifier: 01g1k?S1 Federal Award Identification Number (FAIN): Em A- 2OIB- Se° 00003 Federal Award Date: July 1. 2018 Subaward Period of Performance Start and End Date: July 1. 2018 —June 30. 2019 Amount of Federal Funds Obligated by this Agreement: S67.044.00 Total Amount of Federal Funds Obligated to the Sub - Recipient by the pass- through entity to include this Agreement: $67.044.00 Total Amount of the Federal Award committed to the Sub - Recipient by the pass- through entity: $ (01 D° Federal award project description (see FFATA):The puroose of the Emergency Management Performance Grant'(EMPG) Program is to provide federal funds to states to assist state. local. territorial. and tribal governments in oreosrina for all hazards. as authorized by Section 662 of the Post Katrina Emergency Management Reform Act (6 U.S.C. S 762) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5§ 5121 et seq.). Title VI of the Stafford Act authorizes DHS /FEMA to make grants for the ouroose of providing a system of emergency preparedness for the protection of life and . orooerty in the United States from hazards and to vest responsibility for emergency oreoaredness jointly in the Federal Government. states. and their political subdivisions. The Federal Government. through the EMPG Program. provides necessary direction. coordination. and guidance. and provides necessary assistance. as authorized in this title. to suboort a comprehensive all hazards emergency preparedness system. The FY 2018 EMPG will orovide federal funds to assist state. local. tribal. and territorial emergency management agencies to obtain the resources required to support the National Preparedness Goal's (the Goal's) associated mission areas and core capabilities. The EMPG program supports the Quadrennial Homeland Security Review Mission to Strengthen National Preparedness and Resilience. Name of Federal awarding agency: The Department of Homeland Security (DHS) Name of pass - through entity: Florida Division of Emeraencv 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 Whether the award is R &D: NO (N /A) Indirect cost rate for the Federal award: 28.33% 1 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; o 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)(f), 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. 2 • (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 - 2555 Shumard Oak Boulevard Tallahassee. Florida 32399 -2100 Telephone:850- 815 -4346 Email :Michael.DavAem.mvfiorida.com C. The name and address of the Representative of the Sub - Recipient responsible for the administration of this Agreement is: .. 6 II R cc 0 63 ra' ST © c e 5.,; ISO ,� t. \.0. o,-K o ) 3 3 0-5 Telephone: 1 ° 5 . 2-9A 6 065 Fax: 30 5 b9,- (333 Email: 5 e-r1t -er B4-- a.r�-� u� /v OA Y o-� Gov "'� — �1 , 6 0 3 t _. 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, 2018 and shall end on June 30, 2019, 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. Pre - award costs are allowable only with the prior written approval of FDEM and are included in the award agreement. To request pre - award costs, a written request must be included with the application and be signed by the Authorized Representative of the entity. The letter must outline what the pre- award costs are for, including a detailed budget break -out of pre - award costs from the post-award costs, and a justification for approval. 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 $67,044.00. D. 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; 4 (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. E. 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. F. 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." • (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 5 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 6 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 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 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, • 7 (2) Refuse to reimburse the Sub - Recipient for any costs associated with that subcontract. E. 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. F. 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." G. 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, (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. H. "[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. I. 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. J. 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. K. 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 8 f vl ("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. (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). 9 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 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. 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 10 ) 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. 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. 11 Jam -:,, j; §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 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 Auditem.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.00v/fac/collect/ddeindex.html H. The Sub - Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle Auditem.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 12 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. 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 - 13 :- 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, 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. • 14 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. 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 15 (3) Attachment C — Program Statutes and Regulations (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 sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations. transportation, State and local government services, and telecommunications. • 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: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 16 t t (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 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 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 17 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 510,000 and not more than 5100,000 for each such failure. (24)EQUAL OPPORTUNITY EMPLOYMENT L. 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 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 18 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 \fvorkers 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 constructiori 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 19 v l 4, l 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 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. M. 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. N. 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. O. 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. 20 (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. 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 5100,000 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- 7671q) 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). 21 \ 1I I (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. 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 22 5 , 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; (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. The Sub - Recipient shall comply with any Statement of Assurances incorporated as Attachment H. (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. 23 s }' 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. 24 0 IN WITNESS WHEREOF, the parties hereto have executed this A•® MONROE COUNTY p By , e � 4 Il Name and Title: David Rice, Mayor i:, : ; -. mow DEP TY CLERK Date. ! 1 "2.-0 r FID# 59- 6000749 DUNS# 073876757 Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: 11 /' ze ii d / Name and Ti ichael Kennett, Deputy Director (by Authority from the Director) Date: S/ 6.4- 2 MONROE COUNTY ATTORNEY AP ED AS TO FOr J f �(�l NTHIA L.. ` ALL ASSISTANT COUNTY ATTORNEY Date --- alp - VA 0 25 I 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 2018 EMPG, Appendix B — FY 2018 EMPG Funding Guidelines and programs that are consistent with 2 C.F.R. Part 200and Chapter 252, Florida Statutes. O Below is a general budget which outlines eligible categories under this award. The Sub - recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. D 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 AEL can be found at https : / /w,+w.fema.gov /authorized- equipment -list. O 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. Grant Sub Rect pent Agency Category a Amount toes Planning FY 2018 — Emergency Organization Management Performance MONROE COUNTY b�1 0 L �� • Grant Program (EMPG) Training Exercise Equipment Management and Administration Expenditures (up to 5% of amount received) {s i Tot at Award: z s: �i 7 i 0� 4 � s � . t _ .cam s°'_.._ A�tz' "w,._..- «._.. -.. .;V it. :'� � ._ ',. ,F. " ,.� -s .� # = d' .. 26 EY 2098 BUDGET" DETAIL 1i ORKSI EET E IGiaLE ACTIVITIES was, Not Iarnated to activities below) �j$ } 4t y d „lt was i'i � C ia° p S 5 2. af,5 .. fi y � 1 tW 1 h �d y n 1 � S�i. n <. � Emergency Operation Plan Communications Plans Administrative Plans Whole Community Engagement /Planning Resource Management Planning Shelter and Evacuation Planning Recovery Planning Continuity Planning 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 wi=t �� hex . 4:4 ;Iry <= x -.4C,8 ems - � � � l e =” 4 Allowable Organizat Costs .Qua Unit Cost 1. Total-Cost Hiring of full or part -time staff or contractors /consultants (temporary ernployees, student or graduate assistant fellowships, part time academic employment, consultants and , � 67/ a by other services) 33 5- Utility (electric, water and sewage) Telephone Bills (landlines, cellular and satellite) Internet Services I Maintenance and Sustainment (maintenance contracts, warranties, repair or replacement costs, upgrades and user fees) Storage Postage Publications Memberships TOTAL ORGANIZATION EXPENDITURES § $ U 1 f o II. . 4 - - Allowable Exercise Costs Quantity . Unit Cost Total Cost Design, Develop, Conduct and Evaluate an Exercise 27 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 — related to backfilling personnel, that are direct results of time spent on design, development and conduct of exercise. Travel - allowable expenses by employees who are on travel status for official business related to planning and conduct of exercise activities Supplies - items that are expended or consumed during the conduct of the exercise activities (e.g., copying paper, gloves, tape, non - sterile masks, and disposable protective equipment). TOTAL EXERCISE EXP),I`1DITURE ,. - { • i Y - . - 1 Af - { :� AHowar�le Tra ring Coss • t raa t�ty Unit;'Cost ;, Tota] Cost '; Develop, Deliver and Evaluate Training Overtime and backfill direct result of attendance at DHS/FEMA and /or approved training course or program Conferences Full or Part-Time Staff or Contractors /Consultants Certification /Recertification of Instructors Travel Supplies items that are expended or consumed during the course of the training activities (e.g., , gloves, tape, non - sterile masks, and disposable protective equipment) TOTAL T Al I!NG EX 'Et�1DITuRES Eligible Equipment Acquisition Costs _. Quantity Unit Cost Total Cost: C i 'Persona! protective equipment Information technology. Cybersecurity'enhancement equipment 28 Interoperable cbmmuntcations equipment ° Detection Equipment Power equipment - .CBRNE; Refererice-laterials;. _ CBRNE:Incident Response Vehicles ' Physical; Security Enhancement Equipment'; - GBRNE= Logistical Support Equipment 1 - Other authorized e quipment casts 21GN- 00 -OCEQ (EDO Supplies and equipment) General Purpose Vehicles TOTAL EQUJPMENT EXPEINDIT:URES `:$ TOTAL EXP NDITURES E-ligtble;MVlenaget %'and Adminislration;, „ ` : Qua ;city ; 1J�lt ':To #al >Go 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 TOTAL M &A EX PENDITURES .TOTAL EXPENDITURES 63' '0 29 • ATTACHMENT B SCOPE OF WORK/DELIVERABLES BACKGROUND The Emergency Management Performance Grant (EMPG) subgrant agreement authorizes reimbursement for eligible activities as identified in the Notice of Funding Opportunity (NOFO), Fiscal Year 2018 EMPG, Appendix B — FY 2018 EMPG Funding Guidelines. EMPG Program Guidance, FY2018 allowable costs are divided into the following categories: • Planning; ® Organization; • Training; o Exercise; o Equipment; and, • o Management and Administration. Eligible activities are outlined in Allowable Costs and Eligible Activities. The EMPG's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. 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 the State Comprehensive Emergency Management Plan 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. 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. 30 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 another's procurement process and contractual agreement is called piggybacking. For the piggybacking agency to receive reimbursement under this Agreement, the original agency's procurement process must comply with all applicable laws and regulations (e.g. 2 CFR 200.318 -326). Additionally, the original 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. For example, the piggyback contract may not exceed the existing contract in the scope of volume of goods or services. Finally, an agency may not use the preexisting contract merely as a "basis to begin negotiations" for a broader or materially different contract. Tasks: At a minimum the County is to successfully complete the following tasks throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or working towards the completion of each task. All back -up documentation listed below shall be uploaded to the Division's SharePoint portal, https : / /oortal.floridadisaster.org 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 on 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 Management System ( "NIMS "). Throughout the period of performance for this Agreement, the Sub - Recipient shall utilize NIMS. NIMS is a comprehensive, national approach to incident management that is applicable at all jurisdictional levels and across functional disciplines. It is intended to: • Be applicable across a full spectrum of potential incidents, hazards, and impacts, regardless of size, location or complexity; • Improve coordination and cooperation between public and private entities in a variety of incident management activities; and, • Provide a common standard for overall incident management. NIMS provides a consistent nationwide framework and approach to enable government at all levels (Federal, State, tribal, and local), the private sector, and nongovernmental organizations (NGOs) to work together to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents regardless of the incident's cause, size, location, or complexity. Consistent application of NIMS lays the groundwork for efficient and effective responses, from a single agency fire response to a multiagency, multijurisdictional natural disaster or terrorism response. Entities that have integrated NIMS into their planning and incident management structure 31 can arrive at an incident with little notice and still understand the procedures and protocols governing the response, as well as the expectations for equipment and personnel. NIMS provides commonality in preparedness and response efforts that allow diverse entities to readily integrate and, if necessary, establish unified command during an incident. Deliverable (due second quarter): • The Sub - Recipient shall complete a NIMS survey in the Division's SharePoint 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). 3. Capabilities. Each person serving in a position that is funded at least in part by this Agreement SHALL complete the following training requirements and record proof of completion: • 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 /L101 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 4. NOTE: For quarters 2, 3, and 4, additional course completion documentation is required only if: • Personnel listed on the Staffing Detail Form successfully complete additional courses; and /or, • New personnel are listed on the Staffing Detail Form. 4. Planning, Training, 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. Planning efforts should demonstrate whole community engagement to create a strategic, operational, and /or community -based approach to preparedness. Training activities must enhance the capabilities of emergency management personnel, including establishing, supporting, conducting, and attending training deliveries. Training activities should align to a current, MYTEP developed through an annual Training and Exercise Plan Workshop (TEPW) and 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 greatest risks. Exercise priorities should align to a current, Multi -Year TEP developed through an annual TEPW. Deliverable (due every quarter): • The percentage of completed training and exercise activities listed on the current MYTEP. 5. Strengthening Governance Integration. Each quarter, the Sub - Recipient shall conduct Strengthening Governance Integration ( "Stakeholder ") conference calls or meetings and shall invite the following stakeholders: • The County Sheriff; • Each Fire Control District in the County; • Each municipal Emergency Management Director in the County; • Each municipality in the County (only if there is no EM Director for the municipality); • Each school district in the County (to include the Florida School for the Deaf and Blind, the Florida Virtual School, the Okeechobee Youth Development Center, as well as the laboratory schools operated by university and colleges in your jurisdiction); 32 ® Each state university and state college in the County; and, O Each Voluntary Organization Active in Disasters ( "VOAD ") with a significant presence in the County. Attendance at a conference call or meeting is not mandatory for the Stakeholders listed above; however, the Sub - Recipient must invite each Stakeholder to at least one call or meeting each quarter. The Sub - Recipient is not required to invite each Stakeholder to every call or meeting; but, each stakeholder must be invited to at least one call or meeting with the Sub - Recipient every quarter. For 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. DHS /FEMA preparedness grant programs are intended to support the core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery that are necessary to prepare for incidents that pose the greatest risk to the Nation's security. Each program reflects the Department's intent to build and sustain an integrated network of national capabilities across all levels of government and the whole community. Disparate governance structures must be integrated and refined to ensure resources are targeted to support the most critical needs of a community based on risk - driven, capabilities -based planning. Strong and inclusive governance systems better ensure that disparate funding streams are coordinated and applied for maximum impact. DHS /FEMA requires that all governance processes that guide the allocation of preparedness grant funds adhere to the following guiding principles: ® Coordination of Investments: Resources must be allocated to address the most critical capability needs as identified in the SPR and coordinated among affected preparedness stakeholders; o Transparency: Stakeholders must be provided visibility on how preparedness grant funds are allocated and distributed, and for what purpose; D Substantive Local Involvement: The tools and processes that are used to inform the critical priorities, which DHS /FEMA grants support, must include local government representatives. At the state and regional levels, local risk assessments must be included in the overarching analysis to ensure that all threats and hazards are accounted for; ® Accountability: DHS/FEMA recognizes that unique preparedness gaps exist at the local level. Grantees are responsible for ensuring the effective use of funds to address those gaps and for maintaining and sustaining existing capabilities; and, D Support of Regional Coordination: Inter /intra -state partnerships and dependencies at the state and regional levels, including those within metropolitan areas, must be recognized. Deliverables (due each quarter): • Provide the Division with a list of each stakeholder invited to each Stakeholder conference call or meeting; and, 9 Provide the Division with meeting notes that accurately document the content of the discussions during each Stakeholder conference call or meeting. 6. Strengthening Governance Integration. The Integrated Public Alert and Warning System (IPAWS) is a comprehensive, coordinated, integrated system that can be used by authorized public officials to deliver effective alert messages to the American public. IPAWS is the nation's next- generation infrastructure of alert and warning networks. IPAWS ensures the President can alert and warn the public under any condition. Additionally, IPAWS will provide Federal, State, territorial, tribal, and local warning authorities the capabilities to alert and warn their communities of all hazards impacting public safety and well -being via multiple communication pathways. FEMA is upgrading the alert and warning infrastructure so that no matter what the crisis, the public will receive life- saving information via at least one path. The following steps need to be accomplished not later than quarter 3 to satisfy deliverable requirements: 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 IPAWS @fema.dhs.gov 33 t � � 5. FEMA sends the county an unsigned MOA, unsigned PAA form, and link to IPAWS online training 6. https: // training. fema. gov /is /courseoverview.aspx ?code= IS -247.a 7. County signs MOA, obtains state signature on PAA form, takes online training...sends everything to FEMA 8. FEMA signs the MOA, sends completed paperwork and digital certificate to county, and enables their access in the system Other recommendations: If you are using Everbridge and EMnet please put both on the applications. https: // training. fema.gov /is /courseoverview.aspx ?code =lS -251 Deliverable (due third quarter): The sub - recipient shall upload FEMA IPAWS MOA in the Division's SharePoint portal. 34 REIMBURSEMENT CONDITIONS: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub - Recipient on a quarterly basis for the documented costs incurred during the successful completion of the task(s) required by this Agreement. However, the following limitations shall apply: 8 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, O The cumulative amount of reimbursement for quarters 1, 2, and 3 shall not exceed 85% of the overall amount authorized by this Agreement. If extraordinary circumstances exist, then the Sub - Recipient can request permission from the Division to exceed the 40% cap for a particular quarter. However, under no circumstances shall the cumulative reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this Agreement. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in the following penalty: 9 A 10% reduction of the overall amount authorized by this Agreement. 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 beyond the control of the Sub - Recipient, then the Division will consider waiving the imposition of a financial consequence. 35 t y � T �1 ) 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 • 36 • k J 1 ATTACHMENT D REPORTS The Sub - Recipient shall provide the Division with quarterly financial reports 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 July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 The Sub- Recipient shall provide the Division with full support documentation for the quarterly financial reports. A. The Quarterly Tasks Form is clue 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 shall 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. The Quarterly Match Form (Form 3A) is due each quarter for Sub - Recipients using local funds to match the federal obligation. The Sub - Recipient must provide supporting documentation of matching funds (i.e. invoices, canceled checks, general ledger, earning statements, payroll registries, etc.). Cost - matching requirements are in accordance with 2 C.F.R. 200.306. To meet matching requirements. the Sub- Recipient contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. 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. invoices, canceled checks, general ledger, earning statements, payroll registries, etc.). 37 E. Programmatic Point of Contact: Contractual Point of Contact Programmatic Point of Contact Michael J. Day Karen Lyons FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 Tallahassee, FL 32399 -2100 (850) 815 -4346 (850) 815 -4325 Michael. Day a@em.myflorida.com Karen.Lyons @em.myflorida.com 0 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: 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) 39 j 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: nIbv1- c'riaal B.00awi- T!oo 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. 40 f� �} ' 1 ATTACHMENT G Certification Regarding Debarment, Suspension, tne l rgl bflity And - /61pritary Exclusion 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 Sub - Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 41 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 +,vith 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 42 Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its sub - recipients and contractors, with the applicable provisions of Title 1 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 8500,000 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. 43 { ATTACHMEMT L MANDATORY CONTRACT 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 require provisions. The Division provides the following list of sample provisions that may be required: 44 • OMB Guidance Pt. 200, App. 11 (D) Davis-Bacon Act, as ?mended ( JI .S,C, materials or articles ordinarily available on 3141- 3I18), When required by Federal program the open market, or contracts for transpor- legislation, all prime construction contract's tation or transmission of intelligence. 1n excess of S2 004 awarded by non-Federal (P) Rights to Invention; Made Under a entities must Include a provlct)n for compile. Contract or Agreement. If the Federal award once with the Davis -Bacon At (40 U.S.C, lneeta the definition of "funding agreement" • 3141 - 3145, and 3146 -3143) as supplemented by under 37 CPR ;401,2 (a) and the recipient or Department of Labor regulations (2 CFR subrecipient wishes to enter Into a contract Part 5. "Labor Standards Provisions Appll- with a small business firm or nonprofit orga- cable to Contracts Coverin.g Federally Ft- nizaatlon regarding the Substitution of par - nanced and Assisted Construction "). In ac- tiers. assignment or performance of expert - cordanr_e with the statute, ontractors must mental, developmental. or research work be required to pay wages to laborers and ms- under that "funding agreement," the re+cipi- chanics at a rate not less than the prevailing ent or subrecipient nest comply with the re- wages speclfl.ed in a wage determination quirements of 37 CPR Part 401, "Rights to In- made by the d?cretarf of Labor. In addition, ventlon5 Made by Nonprofit Organizations contractors must be required to pa;, wages and Small Business Firms Under Govern - not leas than once week. The non- Pederal meat Grants. Contracts and Cooperative entity must place a copy of the current pre- Agreements," and any implementing regula- vaiiing wage .determination 1a by the lie bons issued by the awarding agency, p_,rtrnent of Labor in each solleitation. The (C3) Clean Air Act (42 U.S.C. 7401 - e71ci,) and decision to award a contract or subcontract. the Federal Water Pollution Control Act ( must be conditioned upon the acceptance of U.S.C. 1251- 1357), as amended— Contracts and the wage determination. The non- Federal en.- stibgrants of amounts in excess of S150,t6 tlty must report all suspected or reported must contain a provision that requires the violations to the Federal awarding agency, non - Federal award to agree to comply with • The contract`; must also include a provision all applicable standards, orders or r?gu1a- for compliance with the,, Copeland "Anti- dons issued pursuant to the Clean Air Act Kickba.c1. Act ,40 L%.',C:. 3143), as supple_ (42 U.S.,C. 7401- 4671q) and the Federal Water minted by Department of Labor regulations Pollution Control Act as amended (23 U.S.C. (39 CPR Part 3, - Contractors and Sub- 1.251-1207). Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Regional Work Financed 10 Whole or in Part by Loans Office o£ the Environmental Protection or Grants from the United States"). The Act Agency (EPA), provides. that each contractor or sub- at) Mandatory standards and policies re- recipient must be prohibited facet Inducing hating to energy efficiency which are con- by any means. a;iz person _rcployed lra the tallied In the state energy conservation plan construction. =completion.. or repair of public issued in compliance with the Energy Policy work. to give up any part of the con , pensa - and Conservation Act (42 L.S.C. 6201), Um to ,:n-ch he or she is ot3aerw1se enUt.lod. (I) Debarment and Suspension i The non - Federal entity must rwcort all sus.- Girders 12144 and 12634)--A contract award r. cted or reported violations to the Federal cri 2 CPR iO4.72,0) must not be made to par- awarding agency. tiers listed on the _overnmentwide Excluded (E) Contract Work hour's and 'Safety P. rt.tes List S:; stern In the: System for Award Standards Act (.4a L'. SC 1 "02- d703j. 3tihcre Management iSAaI1, ir: accordance €sith the applicable. all contracts awarders by the non - O53 ;guideline's at 2 CPR. leis that implement Federal entity n e. - of .b11141aei0 that. = Executive [ d 12540 T P i^ ''� " "' Jr eE "3 1_„9J i'.i CPR Part, tY`Ga valve the employment of rnechanica or flavor- Comp.. p. 149) and 126130 (3 CFR Part 1118') ers raust imitate a tro talon for compliance Comp., p- 235), "Debarment and Scaperston." with 40 U.S.C. 3702 anal 3704, as supplemented The Excluded Partaas List S:iatsm to SAKI by Dopartrre nt of Labor regulations late CP113, cantsina the names of parties debarred. S115 Part 5). Under 4) U.S.C. 3742 of the Act. each pended, or otherwise excluded by aza_'ncle5. as contractor moat boa required to compute the well as parties declared ineligible under stat- w:a:,8s of every mechanic and laborer on the ut -orb: or regulatory authority other than Ra- ba of a standard work week of 44 hours.. _sutivo Order 12543, Work in excess of the, standard work week Is (S) Byrd Anti-Lobbying Amendment 121 permissible provided that the worker is tom- 'U.S.C. 1252)-Contractors that apple or bid pinsated at a rata of not less than one and a for an award of 21e9.01-0 or more must file the half times the t_asic rate of pay for all hours required certification. Each tier certifies to worked in excess of 49 hours In the work the tier above that it will not and has not week, 'Idle rsquieenients of 40 U.S,C. 3714 are used Federal appropriated funds to pay any applicable to construction work and peoride person or organization for influencing or at.- tbat no laborer or- mechanic must be re- tempting to influence an officer or employee gnired tea work in surroundings or tinder • of any agency, a member of Congress, officer working conditions which are unsanitary, or employee of Congress, or an employee of a tta,ardcue, or dangsrons. These requirements member of Congress in connection with ob- do not apply to the purch tee of supplies or taining any Federal contract, grant or any 195 45 Pt. 200, App. ill 2 CFR Ch. 11 (1 -1 -14 Edition) cthzr av;ar•d covered by 31 if,S.0 1382. Each (1) Sponsored research means all research iffier crust also disclose any lobbying. with and development activities that are apran- nori -F ederal funds that takes place In con- sored by Federal and non - Federal agencies nection with obtaining any Federal award. and organizations. This Terri Includes actlel- Such disclosures ar5 forwarded from tier to ties Involving the training of individuals In tier up to the man- Federal aw?.rd, research techniques (commonly called re.- 1,X) See §2103.222 Procurement of recovered search training.) where such activities utilize materials. the name facilities as other research and de- velopment activities and where such act.l';i- APr.~; dmdl i III TO PART 203— IN =IFECT ties are not included In the instruction func- (F &A) COSTS IDENTIFICATION AND tlan. ASSIGNMENT. AND FATE DET "tbMmA- (2) University research means all research TI21N POP INSTITUTIONS OP HIGHER, and development activities that are sa I+'TiUc .T ON (IHI1s) rately budgeted and accounted for by the in- stitution under an internal application of in- A, GG °iEF SL stltutional funds. University r28earch. for E61s. appendix provides criteria for lder t•t- purposes of this document. must be corn - f31ng and cr- o indirect Or Indirect binsd with sponsored research seder the ;F.&A)'1 rates at IFIFs (institutions). Indirect- function of organized research. F �) costs are the a that are Inaurrexi far c. Other spoosered actirt ties nneans programs common Dr joint objective's and therefore and project financed by Federal and non - cannot i e i Ientiilad readily and specifically Federal agencies and organizations which in- with a particular spon4.cred project. an In- volve the performance of work other than in- sarL rttoraall activity, or any other lrlstttu- struction and organized research. Pvanipies rnsnsl activity- See subsection B3- Definl- of such programs and projects .:.re health :Son of Fy =.ea6a _r- and ArAal:lnistratren, jar a service_ projects and community servers pro- discussion. of the components of Indi ?•eet grains. Howavrir, when any of these a ir'l€s tFi-A) costs.. are nndertalmn by the Institution without outside support, they may be cla •ifled 1. Major ,v'za it -ties of oz drast4hcttos other institutional activities. Refers to fns *ruction- organized research, 1 . Other irrstit *.ittnt:.at �rfta ±1 es means all ail,. :rher rs t o,� n s, ructio t. activities. and other s atPttr- tivitia� of an Institution accept for inzt ur tion 1 activities as defined In tiros e.ct aim tton, departmental research, orssillzed. r- ' Res r;artioea near., the tea irin� a.nd rt1 and other sponsored a t1•;ltiss..as de- Ia aintm, activities of an institution. Fs.eut tined in this section: indirect ( ij c�sE ac- for research training as provided to sub- tivtrles identified In this Appendix para- section b., thlls term Includes ?9i tearhin- and i raph B. Identification and asst mrnent of in- trs:lnl�•g s ti;, ieu, whether they are offered direct (Piece } crass_: zn•3 stecialtzed set ft' credits toward a d prep Or certificate or facilities des_rlbe.di in 1200.1f...2 Specialized on s nom rr�udlt basis, and whether the are service Facilities oftLir Part. offered thraug,h regular academic depart- Examples, of other tnssicutiona1 activities or separate include operation of residence ha11s., dlntn„ merits separate dlaislons. :_uch : a Burn - halts, l it hospas and clinics, + tiler rhool 41 1 or an extension .lo vision. student unions, j s.3 o S.lder d pars of this major function intercola 1ato athletics.. bookstores. faculty are departmental research. and .,here housin.g. 6tudent. apartments, ;rest houses, agreed to_ nnlversit - research. chapels. theaters. public 1OLlseurns, and other 1.11 Spos:.snrsd lustrtn.isues Old tralrt',. mans. similar an • x llar °°.trpris.2a- This daflr_Itian s ec1 L 111s r nr training also Inrr'cudeil arty other categories of activi- i bilshe•fl by grant. contract. or cooperative ties, costs of sshtch are "unallowable to ?,.c.n gement. For purposes of the cost pin_ Federal awards, unless otherwise In+Lcate3 clp'as, this activity may bo considered a 1n an award. major function ■ven .thno;;1 an lrrstitution's Include Criteria for Distribution treatment may 3_ t t In the 1ns.tructlon function.. a. Base period. A base period for dtstribu- tOi i re earth, Lion of Indirect (P&A) costs is the rwlod develog: e:a and scholarly activities that during which the coats are incurred, The are not organized research and, con- base period normally should coincide with sequentiy, are not separately budgeted and the fiscal year established by the =Mutton. accounted for. Departmental research, for but In any event the base period should be s® >aurpoaas of this document, Is not considered selected as to avoid inequities In the d1s- as a major function, but as a part of the in- tribution of ccsts- at.P3•ution function of the institution. b. Fired for cosi groupings. The overall ab- b. Carat/At:zed resaarxck means all Iesearch eject e of the Indirect 1F&A1 cost allocation and development activities of an Institution process Is to distribute the indirect (F&A) that are separately budgeted and accounted costs described In Section 13, Identification for. It includes: and assignment of indirect (F&A) costs, to 196 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. 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 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) 47 L' 11 ti/ 7 • Telephone Bills (landlines, cellular, and satellite) • Internet Services • Maintenance and Sustainment Agreements (reimbursement can only be claimed for services within the Agreement period) • Publications • Memberships • Postage • Other Personal /Contractual Services • Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. • Consultant Services require a pre - approved Contractor 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) Organization Costs Supporting Documentation: For salaries and expenses, supply copies of certified timesheets 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). 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 http: //wwnw.fema.gov /training -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: / /wwnw.fema.gov /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 48 • • 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- library- 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 • Mass evacuation training at local, state, and tribal levels Allowable training - related costs include the following: • 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 (ADDLE) 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 FUJI 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. • Conferences. The Division recognizes the important role that conferences can play in the professional development of emergency managers. 49 [ ✓ ) ; 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." Rule 691- 42.002(3), Florida Administrative Code, defines the term conference as: [T]he coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. In order for travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691- 42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691- 42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: O The main purpose of the conference or convention is in connection \,vith the official business of the state and directly related to the performance of the statutory duties and • responsibilities of the agency participating; e The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691- 42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. 50 1 { • When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ( "No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state. "). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). • Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or day trips in which the traveler is not away from his /her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. • Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: • $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); • S11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and, • S19 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 diem amounts. All travelers are allowed: • The authorized per diem for each day of travel; or, • If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates: The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, br $19 for dinner unless: • For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ( "GSA ") for that locale (see https://vvww.gsa.gov/bortal/content/104877). 51 • Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one -way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Travel Reimbursement Forms: Unless the Recipient has received prior approval from the Florida Department of Financial Services ( "DFS "), the Recipient shall use the travel forms incorporated by reference in Rule 691- 42.003, Florida Administrative Code. Those forms include: ® The Authorization to Incur Travel Expense, Form DFS- AA -13; O The Application for Advance on Travel Expenses, Form DFS- AA -25; and, 9 The Voucher for Reimbursement of Travel Expenses, Form DFS- AA -15. If the Recipient has not received permission from DFS to use an alternate form, and if the Recipient submits a request for reimbursement without including the applicable DFS forms listed above, then the Division shall not provide any reimbursement for that travel. Training Costs Supporting Documentation: 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 or Lead Instructor verifying attendance). 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. D. Exercises Allowable exercise - related costs include: • 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 52 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 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). • 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 Exercise Costs Supporting Documentation: Provide copies of contracts, PiMOUs 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 Exercise Plan (EXPLAN), After - Action Report/Improvement Plan (AAR /IP) and sign in sheets (if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). E. Equipment Allowable equipment categories for the EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https: / /wwvv.fema.dov /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: 53 f J C •1 • 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. 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 Lave Enforcement Equipment Acquisition (https: / /www. goo. qov / fdsys /pkg /DCPD- 201500033/pdf/DCPD- 201500033. odf), and the Recommendations Pursuant to Executive Order 13688 (https: / /www.whitehouse. qov /sites /default /files /does /le equipment 4vq final report final.pdf). 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: // wvw.whitehouse.gov /the - press- office/ 2015 /02/15 /presidential - memorandum- promotino economic - competitiveness - while- safequa), issued February 20, 2015. Equipment Acquisition Costs Supporting Documentation: Copies of invoices /receipts and cancelled checks or general ledger for proof of payment. AEL# for each purchase (if applicable). 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 54 • 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. Management and Administrative Costs Supporting Documentation: Supply copies of certified timesheets documenting hours worked and proof employee was paid (i.e., earning statements /payroll registries). 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. 11. 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. aov /pdf /qovernment /grant /2011/fv11 eoc inv.pdf) 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. 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 apdehpinfo(afema.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: http: / /www.dol.gov/ compliance /laws /comp- dbra.htm. III. 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. 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: / /ww,N.fema.aov/media- library /assets /documents /32474. Unallowable Costs • Expenditures for weapons systems and ammunition • 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 proposing 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 reviews 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://wnwv.fema.gov/ media - library- data/1421336453304- d48abd61 f8b2a35d2bad325ae49ae531/FP1080231 Environmental Planning Historic Preservation Policy.pdf) , and FP 108.24.4, Environmental Planning and Historical Preservation Policy (http://www.femagov/media-library-data/1388411752234- 6ddb79121951 a /18Dec13- NoNEPAReview.pdf) 56 EHP Technical Assistance, including the EHP Screening Form, can be found at (http: //www.fema.gov /media - library- data /20130726- 1806- 25045- 2839/gpd ehp screening form omb 1660 0115 June 2011.pdf) 57