Item C07 C.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: C.7
Agenda Item Summary #5711
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325
N/A
AGENDA ITEM WORDING: Approval of an agreement with the State of Florida, Division of
Emergency Management concerning an Emergency Management Preparedness and Assistance Base
Grant (Agreement Number A0036) in the amount of$105,806.00, fully grant funded with no county
match; and authorization for the County Administrator to execute any other required documentation
in relation to the grant.
ITEM BACKGROUND: This is an annual grant agreement between the State of Florida, Division
of Emergency Management and Monroe County. The grant is intended to enhance county
emergency management plans and programs that are consistent with the State Comprehensive
Emergency Management Plan. This agreement shall begin July 1, 2019 and end June 30, 2020.
PREVIOUS RELEVANT BOCC ACTION: This grant has been approved each year since 1994.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2019-2020 EMPA Monroe County Agreement
FINANCIAL IMPACT:
Effective Date: July 1, 2019
Expiration Date: June 30, 2020
Total Dollar Value of Contract: $105,806
Total Cost to County: 0
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Current Year Portion:
Budgeted:
Source of Funds: Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: $105,806
County Match: 0
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Pedro Mercado Completed 06/25/2019 10:13 AM
Martin Senterfitt Completed 06/25/2019 11:28 AM
James Callahan Completed 06/25/2019 11:31 AM
Budget and Finance Completed 06/25/2019 11:34 AM
Maria Slavik Completed 06/25/2019 1:02 PM
Kathy Peters Completed 06/26/2019 8:17 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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Agreement Number: A0036
STATE-FUNDED GRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County,
(hereinafter referred to as the "Recipient'). U)
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
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provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
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C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) LAWS, RULES, REGULATIONS, AND POLICIES
a. As required by Section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Recipient is required to perform.
ii. A provision dividing the agreement into 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.
iii. A provision specifying the financial consequences that apply if the Recipient '
fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Recipient may expend funds only for allowable 0
costs resulting from obligations incurred during the specified agreement period.
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V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which
the Recipient is entitled under the terms and conditions of the agreement must be refunded to the
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b. In addition to the foregoing, the Recipient and the Division shall be governed by all
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applicable State and Federal laws, rules and regulations, including those identified in the Scope of Work
(Attachment B). Any express reference in this Agreement to a particular statute, rule, or regulation in no E
way implies that no other statute, rule, or regulation applies.
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(2) 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 Recipient. As part of his/her duties, the Grant Manager for
the Division shall:
i. Monitor and document Recipient performance; and,
ii. Review and document all deliverables for which the Recipient requests
payment. U)
b. The Division's Grant Manager for this Agreement is:
Michael J. Day
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2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 815-4346
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Email: Michael.DayC@em.myflorida.com
c. The name and address of the representative of the Recipient responsible for the
administration of this Agreement is:
Martin Senterfitt
490 63rd ST Ocean, Suite 150
Marathon, FL 33050
Telephone: (305) 289-6065
Email: Senterfitt-Martin@monroecounty-fl.gov
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party. '
(3) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties. 0
(4) EXECUTION
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This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
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(5) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(6) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget (Attachment A) and
Scope of Work (Attachment B), of this Agreement.
(7) PERIOD OF AGREEMENT U)
This Agreement shall begin July 1, 2019 upon execution by both parties and shall end on
June 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (16)
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TERMINATION. In accordance with Section 215.971(1)(d), Florida Statutes, the Recipient may expend
funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"
the period of agreement.
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(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 Recipient only for allowable costs incurred by the
Recipient in the successful completion of each deliverable. The maximum reimbursement amount for
each deliverable is outlined in the Budget (Attachment A)and Scope of Work(Attachment B). The
maximum reimbursement amount for the entirety of this Agreement is$105,806.
d. The Division will review any request for reimbursement by comparing the
documentation provided by the Recipient against a performance measure, outlined in Attachment A and '
Attachment C, which clearly delineates:
i. The required minimum acceptable level of service to be performed; and, 0
ii. The criteria for evaluating the successful completion of each deliverable.
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e. The Division's Grant Manager, as required by Section 215.971(2)(c), Florida
Statutes, shall reconcile and verify all funds received against all funds expended during the period of
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agreement and produce a final reconciliation report. The final report must identify any funds paid in
excess of the expenditures incurred by the Recipient.
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f. For the purposes of this Agreement, the term "improper payment" means or includes: cm
i. Any payment that should not have been made or that was made in an
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incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and, E
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ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
g. As required by the Reference Guide for State Expenditures, reimbursement for travel
must be in accord with Section 112.061, Florida Statutes. The Recipient must submit submission of the
claim on either their local travel voucher with supporting documentation and their local travel policy, or on U)
the approved state travel voucher.
(9) RECORDS
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a. As a condition of receiving state financial assistance, and as required by Sections
20.055(6)(c)and 215.97(5)(b), Florida Statutes, 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
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access to any documents, financial statements, papers, or other records of the Recipient which are
pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of
access also includes timely and reasonable access to the Recipient's personnel for the purpose of
interview and discussion related to such documents. For the purposes of this section, the term "Recipient"
includes employees or agents, including all subcontractors or consultants to be paid from funds provided
under this Agreement.
b. The Recipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida Department of State.
Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-
archives/records-management/general-records-schedules/.
c. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) '
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1)all meetings of public boards or commissions must be open to the public; (2) 0
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
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promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
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bring that entity within the ambit of the open government requirements. However, the Government in the
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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
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the performance of its public purpose to a private entity, then, to the extent that private entity is CM
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
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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 E
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
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the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's
governing board or the meetings of any subcommittee making recommendations to the governing board
may be subject to open government requirements. These meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance
with Chapter 119, Florida Statutes.
d. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency(or a private U)
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.
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The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the 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
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public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
e. The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
(Attachment A) and Scope of Work(Attachment B)-and all other applicable laws and regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE E
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
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RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 0
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Shumard Oak Boulevard, Tallahassee, FL 32399.
(10) AUDITS
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a. In accounting for the receipt and expenditure of funds under this Agreement, the
Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. CM
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§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)." CM
b. When conducting an audit of the Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
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auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
c. 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 Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
d. The Recipient shall have all audits completed by an independent auditor, which is
defined in Section 215.97(2)(i), Florida Statutes, as"an independent certified public accountant licensed U)
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audits must be received by the Division no later than nine months from the
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end of the Recipient's fiscal year.
e. The Recipient shall send copies of reporting packages required under this paragraph
directly to each of the following:
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i. The Division of Emergency Management
DEMSinale Audit0)em.myflorida.com
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii. The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street '
Tallahassee, Florida 32399-1450
(11) REPORTS 0
a. The Recipient shall provide the Division with quarterly reports and a close-out report. These
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reports shall include the current status and progress by the Recipient and all Sub-Recipients and
subcontractors in completing the work described in the Scope of Work(Attachment B) and the
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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 forty-five (45)days after the end of each
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quarter of the program year and shall be sent each quarter until submission of the administrative close cm
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out report. The ending dates for each quarter of the program year are September 30, December 31,
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March 31, and June 30.
c. The Form 5- Close-Out Report is due sixty(60)days after termination of this Agreement or E
sixty(60)days after completion of the activities contained in this Agreement, whichever occurs first.
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d. If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may
take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the
work product was completed in accordance with the Budget and Scope of Work.
e. The Recipient shall provide additional program updates or information that may be required by
the Division.
f. The Recipient shall provide additional reports and information identified in the Quarterly Report
(Attachment D). U)
(12) MONITORING
a. The Recipient shall monitor its performance under this Agreement, as well as that of its
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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
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done for each function or activity in the Budget (Attachment A) and Scope of Work (Attachment B)to this
Agreement and reported in the Quarterly Report (Attachment D).
b. In addition to reviews of audits conducted in accordance with paragraph (10)AUDITS above,
monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope
audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the period of agreement to ensure timely '
completion of all tasks.
(13) LIABILITY 0
a. Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida
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Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement and shall hold the Division harmless against all claims of whatever nature by third parties
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arising from the work performed under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division but is an independent contractor.
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b. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida cm
Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims
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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 E
as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall
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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 this agreement.
(14) 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, if the Division elects, terminate and the Division has the option to
exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment: U)
a. If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to
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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;
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b. If material adverse changes occur in the financial condition of the Recipient at any time
during the period of agreement, and the Recipient fails to cure this adverse change within thirty(30)days
from the date written notice is sent by the Division.
c. If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
d. If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(15) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty(30) calendar days written notice
to the Recipient and upon the Recipient's failure to cure within those thirty(30)days, exercise any one or
more of the following remedies, either concurrently or consecutively: '
a. Terminate this Agreement, provided that the Recipient is given at least thirty(30)days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class 0
mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph
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(2)CONTACT herein;
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;
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c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Recipient refund to the Division any monies used for ineligible purposes
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under the laws, rules and regulations governing the use of these funds; cm
e. Exercise any corrective or remedial actions, to include but not be limited to:
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i. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance, E
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ii. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
iii. advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question, or
iv. require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which maybe available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other remedies U)
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 Recipient, it will not affect, extend, or waive any
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other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(16) TERMINATION
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a. The Division may terminate this Agreement for cause after thirty(30)days written notice.
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Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, 0
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Florida Statutes., as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty(30) calendar days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and
the procedures for proper closeout of this Agreement.
d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the '
terminated portion of this Agreement after the Recipient has received the notification of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the 0
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division
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because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by
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law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due
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the Division from the Recipient is determined.
(17) SUBCONTRACTS
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If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned CM
subcontract must be forwarded to the Division for review and approval before it is executed by the
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Recipient. The Recipient agrees to include in the subcontract that (i)the subcontractor is bound by the
terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and E
regulations, and (iii)the subcontractor shall hold the Division and Recipient harmless against all claims of
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whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether
that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes
(18) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and U)
the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
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c. This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Exhibit 2- EM Director or Part-time Coordinator Certification and Compliance with
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Rule 27P-19, Florida Administrative Code and Chapter 252, Florida Statutes
Attachment A— Proposed Program Budget Detail Worksheet
Attachment B—Scope of Work
Attachment C—Allowable Cost and Eligible Activities
Attachment D—Quarterly Reports
Attachment E—Response Capabilities
Attachment F— Hurricane Shelter Retrofit
Attachment G—Recovery Capabilities
Attachment H —Certification Regarding Debarment
Attachment I —Justification of Advance Payment
Attachment J—Warranties and Representations '
Attachment K—Statement of Assurances
(19) PAYMENTS 0
a. Any advance payment under this Agreement is subject to Section 216.181(16), Florida
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Statutes. 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
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in this Agreement as Justification of Advance Payment (Attachment 1). Justification of Advance Payment
(Attachment 1)will specify the amount of advance payment needed and provide an explanation of the
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necessity for and proposed use of these funds. No advance shall be accepted for processing if a CM
reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial
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advance, if any, payment shall be made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting documentation E
for all costs of the project or services. The final invoice shall be submitted within forty-five (45)days after
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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 Recipient's quarterly
reporting as referenced in paragraph (11) REPORTS of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial
Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division. U)
(20) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
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the order of"Division of Emergency Management," and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
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Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division
for collection, Recipient shall pay the Division a service fee of$15.00 or 5%of the face amount of the
returned check or draft, whichever is greater.
(21) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request, or in any submission or response to fulfill the requirements
of this Agreement. All of said information, representations, and materials is incorporated by reference. E
The inaccuracy of the submissions or any material changes shall, at the option of the Division and with
thirty(30)days written notice to the Recipient, cause the termination of this Agreement and the release of
the Division from all its obligations to the Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
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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 CL
provision of this Agreement.
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c. Any power of approval or disapproval granted to the Division under the terms of this
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Agreement shall survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may be cm
taken as an original.
e. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the
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basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
f. Vendors and Recipients who have been placed on the State convicted vendor list following a
conviction for a public entity crime or on the State 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 U)
public entity in excess of$35,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list. The Florida Department of Management
U)
U)
Services maintains the convicted vendor list at
https://www.dms.myflorida.com/business operations/state purchasing/state agency resources/vendor r
egistration and vendor lists/convicted vendor list, and the discriminatory vendor list at
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https://www.dms.myflorida.com/business operations/state purchasing/state agency resources/vendor r
egistration and vendor lists/discriminatory vendor list.
g. Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the state government, certifies, to the best of its knowledge and belief, that it
and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency as indicated by
https://www.sam.goy/;
ii. Have not, within a five-year period preceding this Agreement been convicted of or had
a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public(federal, state or local)transaction or contract under public transaction; '
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property; 0
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
0
entity(federal, state or local)with commission of any offenses enumerated in paragraph (21)(g)(ii)of this
certification; and
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iv. Have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local)terminated for cause or default.
cm
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient cm
shall attach an explanation to this Agreement.
cm
IN ADDITION, THE RECIPIENT SHALL SEND TO THE DIVISION (BY EMAIL OR BY
FACSIMILE TRANSMISSION)THE COMPLETED "CERTIFICATION REGARDING DEBARMENT, E
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION" (ATTACHMENT H) FOR EACH
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INTENDED SUBCONTRACTOR THAT RECIPIENT PLANS TO FUND UNDER THIS AGREEMENT.
THE FORM MUST BE RECEIVED BY THE DIVISION BEFORE THE RECIPIENT ENTERS INTO A
CONTRACT WITH ANY SUBCONTRACTOR.
h. The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with
Chapter 216, Florida Statutes, or the Florida Constitution.
i. All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. U)
j. Any bills for travel expenses shall be submitted in accordance with Section 112.061, Florida
Statutes.
U)
U)
k. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses
to allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, which the Recipient created or received under this Agreement.
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I. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Division or be applied against the Division's obligation
to pay the contract amount.
m. The State of Florida will not intentionally award publicly-funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act ("INA")].
The Division shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e)of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
n. The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011,
Florida Statutes)with respect to the meetings of the Recipient's governing board or the meetings of any '
subcommittee making recommendations to the governing board. All of these meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the 0
public in accordance with Chapter 119, Florida Statutes
N_
o. All expenditures of state financial assistance shall be in compliance with the laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
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State Expenditures.
p. This Agreement maybe charged only with allowable costs resulting from obligations incurred
cm
during the period of agreement. cm
q. Any balances of unobligated cash that have been advanced or paid that are not authorized to
cm
be retained for direct program costs in a subsequent period must be refunded to the State.
r. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase E
of or improvements to real property are contingent upon the contractor or political subdivision granting to
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C.7.a
the state a security interest in the property at least to the amount of state funds provided for at least 5
years from the date of purchase or the completion of the improvements or as further required by law.
s. The Division may, at its option, terminate the Contract if the Contractor is found to have
submitted a false certification as provided under Section 287.135(5), Florida Statutes, or been placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have
been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.
(22) LOBBYING PROHIBITION U)
a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
U)
U)
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
b. No funds or other resources received from the Division under this Agreement may be used
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directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(23) COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO
THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION
WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE
RECIPIENT TO THE STATE OF FLORIDA.
a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or services '
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery
or invention to the Division for a determination whether the State of Florida will seek patent protection in 0
its name. Any patent rights accruing under or in connection with the performance of this Agreement are
0
reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are
produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the
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performance under this Agreement are transferred by the Recipient to the State of Florida.
c. Within thirty(30)days of execution of this Agreement, the Recipient shall disclose all
cm
intellectual properties relating to the performance of this Agreement that he or she knows or should know cm
could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-
cm
existing intellectual property that is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that E
accrue during performance of this Agreement.
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d. If the 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 Recipient shall
become the sole property of the 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 Recipient, under this Agreement, for Florida government
purposes. U)
(24) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement
U)
U)
and that its governing body has authorized the execution and acceptance of this Agreement. The
Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
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(25) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment K.
0
C)
0
0
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CM
CM
CM
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: MONROE COUNTY
U)
M
By:
M
Name and Title: U)
U)
Date:
U)
U)
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Jared Moskowitz, Division Director
Date:
0
C)
0
0
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EXHIBIT 1
FUNDING SOURCES
I. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
U)
M
SUBJECT TO SECTION 215.97, FLORIDA STATUTES, FLORIDA SINGLE AUDIT ACT
M
NOTE: IF THE RESOURCES AWARDED TO THE RECIPIENT REPRESENT MORE THAN ONE U)
STATE PROJECT, PROVIDE THE SAME INFORMATION SHOWN BELOW FOR EACH STATE
PROJECT AND SHOW TOTAL STATE FINANCIAL ASSISTANCE AWARDED THAT IS SUBJECT
U)
TO SECTION 215.97, FLORIDA STATUTES.
II. STATE PROJECT:
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State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance title: Emergency Management Preparedness and Assistance
Grant
Catalog of State Financial Assistance number: 31.063
Amount: $105,806
III. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
List applicable compliance requirements as follows:
1. Rule 27P-19, Florida Administrative Code
2. Section 215.97 Section 215.971 Section 252.371-373 Florida Statutes etc.
3. Reference Guide for State Expenditures
4. 2 C.F.R. Part 200
0
C)
0
0
NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information
about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. CL
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cm
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EXHIBIT 2
EM DIRECTOR OR PART-TIME COORDINATOR CERTIFICATION &COMPLIANCE WITH
RULE 27P-19, FLORIDA ADMINISTRATIVE CODE and CHAPTER 252, FLORIDA STATUTES
In accordance with the 2019-2020 Emergency Management Preparedness and Assistance Grant
agreement, which shall begin July 1, 2019 and shall end on June 30, 2020, and to remain consistent with
Rules 27P-19.005(4) and (5), Florida Administrative Code, in order to receive EMPA funding, each
County Emergency Management Agency shall annually certify their commitment to employ and maintain
either a Full-time Director or Part-time Coordinator, in their efforts to serve as liaison for and coordinator
of municipalities' requests for state and federal assistance during post-disaster emergency operations. M
U)
Pursuant to Rule 27P-19.004, Florida Administrative Code, if the Recipient is a county with a population
of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. If
the Recipient is a county with a population less than 75,000, or if the Recipient is a county that is a party U)
U)
to an inter-jurisdictional emergency management agreement entered into pursuant to Section
252.38(3)(b), F.S., then the Recipient shall employ either:
• An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or,
• A full-time director. CL
I, (Name)certify compliance with the aforementioned
requirements for the 2019-2020 Emergency Management Preparedness and Assistance grant program.
Monroe County (Recipient) has employed a EM Director
(EM Director or an EM Coordinator) pursuant to Section 252.38(3)(b), Florida Statutes.
I, also certify that I am the official representative for
Monroe County (Recipient) and have authority to bind Monroe County
(Recipient)to this certification of compliance.
0
C)
Signed by:
0
0
Printed Name:
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Title:
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cm
Date:
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Phone/Email: E
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C.7.a
ATTACHMENT A
PROPOSED PROGRAM BUDGET DETAIL WORKSHEET
The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA")Trust Fund
monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work
(Attachment B).
M
ca
The"Proposed Program Budget Detail Worksheet" serves as a guide for both the Recipient and the
Division during the performance of the tasks outlined in the Scope of Work (Attachment B).
49
Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget Detail
Worksheet" listed below. If the Recipient fails to complete the "Proposed Program Budget Detail U)
Worksheet", then the Division shall not execute this Agreement.
After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed U)
U)
Program Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget Detail
Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget
Detail Worksheet" to reflect current expenditures.
1 �
Planning
FY 2019-2020
Emergency MONROE COUNTY Operational $105,806
Management
Preparedness and Equipment
Assistance Grant
Training
Exercise '
Management&Administration
C)
0
r_
0
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C.7.a
11 M 03 MaN=R '�
Allowable Planning Costs Quantity Unit Cost Total Cost
Development of Emergency Plans
M
Salaries and Fringe Benefits
Supplies
M
Travel/per diem related to planning activities U)
Allowable Operational Costs Quantity Unit Cost Total Cost
Salaries and Fringe Benefits 2
$52,903 $105,806 �
Utilities (electric, water and sewage)
Service/Maintenance agreements CL
Office Supplies/Materials
IT Software Upgrades
EM Fuel
Memberships
Publications
Postage
Storage
E
Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost
Personal protective equipment
0
C)
Information technology
0
0
Cybersecurity enhancement equipment
Interoperable communications equipment
Detection Equipment
Power equipment
CBRNE Reference Materials
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C.7.a
CBRNE Incident Response Vehicles
Physical Security Enhancement Equipment
Logistics
Other authorized equipment costs
21 GN-00-OCEQ- EOC equipment&supplies
(provide description of EOC equipment&supplies)
Allowable Training Costs Quantity Unit Cost Total Cost
Salaries and Fringe Benefits
Develop, Deliver Training
Workshops and Conferences
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Certification/Recertification of Instructors
Travel
Supplies
Overtime and Backfill
Allowable Exercise Costs Quantity Unit Cost Total Cost '
Salaries and Fringe Benefits—Hiring of contractors or
consultants
Design, Develop, Conduct and Evaluate an Exercise in
accordance with HSEEP standards E
Exercise Planning Workshop
Travel
Supplies 0
Overtime and Backfill
0
0
Allowable Management and Administration Costs Quantity Unit Cost Total CostCL
Salaries and Fringe Benefits
cm
cm
TOTAL EXPENDITURES 106,806
REVISION DATE: 06/17/2019
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C.7.a
ATTACHMENT B
SCOPE OF WORK
BACKGROUND:
Emergency management is the organization and management of the resources and responsibilities for
dealing with all humanitarian aspects of emergencies (preparedness, response, mitigation, and recovery).
The aim is to reduce the harmful effects of all hazards, including disasters.
The purpose of the Emergency Management Preparedness and Assistance Grant (EMPA) is to provide
state funds to assist local grovernments in preparing for all hazards as authorized by Section 252.373, U)
Florida Statutes. EMPA shall be awarded to a county for the use and benefit of the County Emergency
Management Agency. Funds shall be allocated to implement and administer county emergency
management programs including management and administration. U)
Consistent with Rule 27P-19.010(11), Florida Administrative Code, the Division shall determine allowable
costs in accordance with 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards."
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TASKS: E
Throughout the period of this Agreement, the Recipient must administer an all-hazard, county emergency
management agency that includes preparedness, mitigation, response, and recovery components and
capabilities.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Task One: Certification of County Emergency Management Staff
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Each County Emergency Management Agency must annually certify their commitment to employ and
maintain either a Full-time Director or Part-time Coordinator consistent with subsections 27P-19.005(4)
and (5), F.A.C.
Pursuant to Section 252.38(1)(c), F.S., the County Emergency Management Agency shall perform
emergency management functions throughout the territorial limits of the county in which it is organized. �a
Additionally, the County Emergency Management Agency shall conduct such activities outside its
territorial limits as required by law and in accordance with state and county emergency management
plans and mutual aid agreements.
C)
The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities'
requests for state and federal assistance during post-disaster emergency operations. If the Recipient is a
county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency
management director. If the Recipient is a county with a population less than 75,000, or if the Recipient is
a county that is a party to an inter-jurisdictional emergency management agreement entered into pursuant CL
to Section 252.38(3)(b), F.S., then the Recipient shall employ either:
cm
• An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or,
cm
• A full-time director
cm
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Task Two Local Budget Match
Throughout theperiodofthk*Agreemerd. andaorequiredbyRu|e27P-1y.U11(1). F|ohdaAdministraUve
Code, the Recipient shall match base grant funds"at the amount either equal to the average ofthe
previous three years' level of county general revenue funding of the County Emergency Management
Agency or the level of funding for the County Emergency Management Agency for the last fiscal year.
whiuheverio |ower.^ M
�
NOTE: Rule 27P-1y.U11(1). Florida Administrative Code, states: "County general revenue funding for
911 services, emergency medical services, law enforcement, criminal justice, public works or other
services outside the emergency management responsibilities assigned to the County Emergency
K4anagementAgenuybySection252.38. F.S.. oha|| notbeinu|udedindeterminingthe ''|eve| ofoounty U)
funding of the County Emergency Management Agenuy.' ^
For Task 2, the person who executes the certification must possess the legal authority to bind the
Recipient.
In accordance with Rule 27P-19.011(2), Florida Administrative Code, and if"exceptional financial
uinoumobanueo^ exist, then the Recipient may request from the Division a match reduction:
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If the Base Grant recipient demonstrates that exceptional financial circumstances prevent
the Base Grant recipient from complying with the match requirements in subsection 27P-
1y.U11(1). F.A.C.. then the Base Grant recipient may request that the Division authorize
a reduction in the amount of match required. The match required shall not be reduced by
a percentage amount in excess ofreductions in funding for county y11 oen/iueo. �
�
emergency medical oen/iueo. law enforuement, criminal justice, public works orother
emergency management related services. Tobe eligible for any reduction, the Base
Grant recipient shall demonstrate and certify that the reduction io due to reductions in
county general revenue funding and that the amount of the requested reduction io
equivalent to across the board reductions in all county budgets. County requests for E
reduction shall be signed by the county's chief elected officer and the certification of
reduction in county budget funding shall be signed by the county's chief financial officer.
Requests shall certify the intent to return to pre-reduced funding as soon as practicable
and shall provide an estimate of the date at which the county will return to the current
level offunding. Requests for reduction shall also be accompanied by financial data for c
the previous three years indicating: the level of county funding for the County Emergency
Management Agency budget; budget detail regarding all individual items of the County
Emergency Management Agency budget; and the proposed level of funding, for all
budget items, if the reduction io authorized by the Division. All requests for match ~
reduction shall be submitted no later than forty-five (45) days after the county
budget has been approved by the governing body mf the jurisdiction, mrthe
opportunity to request shall be waived. 0
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cm
cm
�
cm
23
Task Three: Response Capabilities
Throughout the period of this Agreement, the Recipient must maintain current county emergency
management and other contacts through the Division's SharePoint portal including County Director and
Alternate contacts, State Mutual Aid Agreement contacts, and many more;
The Recipient must maintain SharePointoite identification data including location and attribute M
information for fire rescue, law enforcement, public safety, and emergency service stations; �
The Recipient must maintain VVebEC>Csite identification location and attribute information ofall pre- M
identified County Staging Areas (CSAs)and Points of Distribution (PODs), and;
The Recipient must upload hurricane shelter retrofit information in the Division's SharePointportal in
accordance with Florida's statewide hurricane shelter space deficit elimination program. �
Task Four Recovery Capabilities
Throughout the period of this Agreement, the Recipient must maintain potential Disaster Recovery Center �
(DRC) locations and provide basic information in WeblEOC which identifies physical location, contact CL
peroono, site uharacterioUuo, interior, office uharacterioUuo, phone service, and sketches.
cm
cm
CL
cm
24
C.7.a
QUARTERLY DELIVERABLES:
Quarterly deliverables must be uploaded into the Division's SharePoint portal and/or WebEOC each
quarter as stated in the scope of work. The Recipient must also provide a certification of completion on
the deliverable checklist.
NOTE: If there are no updates, duplicate information is not required throughout the period of
ca
performance and is not required to be uploaded into the Division's SharePoint portal. Please just
notate such in the notes section on the Deliverables Checklist in SharePoint.
49
QUARTER 1: JULY 1, 2019—SEPTEMBER 30, 2019
U)
In order to demonstrate successful completion of all required tasks for Quarter 1, the Recipient must
submit the following items in the Division's SharePoint portal and/or WebEOC:
U)
U)
Task 1
• The FDEM Exhibit 2, certification letter for the full-time Emergency Management Director or part-
time Coordinator, in accordance with Rule 27P-19.004, Florida Administrative Code;
• The FDEM Form 4—Staffing Detail and position descriptions for funded emergency management
staff, including an identification for which employees are responsible for Preparedness, CL
Response, Recovery, Mitigation, and Finance;
• A quarterly report as outlined in Quarterly Reports (Attachment D);
• The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or
paystubs;
• Training certificates for all employees of the County Emergency Management Agency for any
G/IS, FEMA or Division courses that pertain to Preparedness, Response, Recovery, Mitigation
and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a copy of
the transcript);
Task 2
• The FDEM Form 3- Local Budget Match Requirement;
• A copy of the current and accurate County Emergency Management Local Budget (General
Revenue) including the budget approval date. All requests for a budget match reduction shall be
requested no later than 45 days after the county budget has been approved;
Task 3
• Support of Response capabilities (Attachment E), including contact information for emergency
management agency and other contacts, County Director and alternate contacts, State Mutual
Aid Agreement contacts and others;
• Site Data including location and attribute information for all fire rescue, law enforcement, public
safety, and emergency service stations;
• Site Data including location and attribute information for all pre-identified sites for the County
Staging Areas (CSAs) and Points of Distribution (PODs);
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• Updates applicable to Hurricane Shelter Retrofit (Attachment F) in accordance with Florida's
statewide hurricane shelter space deficit elimination program;
cm
Task 4 cm
• Support of Recovery capabilities (Attachment G), identify potential Disaster Recovery Center
(DRC) locations and provide basic information in WebEOC. cm
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C.7.a
QUARTER 2: OCTOBER 1, 2019— DECEMBER 31, 2019
In order to demonstrate successful completion of the required tasks for Quarter 2, the Recipient must
submit the following items in the Division's SharePoint portal and/or WebEOC:
Task 1
• Any updates to the FDEM Form 4—Staffing Detail and position descriptions for funded
emergency management staff, including an identification for which employees are responsible for
Preparedness, Response, Recovery, Mitigation, and Finance;
• A Quarterly Report as outlined in Quarterly Reports (Attachment D);
• The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or
paystubs;
• Any new certificates obtained by employees of the County Emergency Management Agency for
any G/IS, FEMA or Division courses that pertain to Preparedness, Response, Recovery,
Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a U)
copy of the transcript);
Task 2
• Any updates to the FDEM Form 3- Local Budget Match Requirement;and
• Any updates to the current and accurate County Emergency Management Local Budget (General CL
Revenue) including budget approval date;
Task 3
• Updates to support of Response capabilities (Attachment E), including contact information for
emergency management agency and other contacts, County Director and alternate contacts,
State Mutual Aid Agreement contacts and others;
• Updates for Site Data including location and attribute information for all fire rescue, law
enforcement, public safety, and emergency service stations;
• Updates for Site Data including location and attribute information for all pre-identified sites for the
County Staging Areas (CSAs)and Points of Distribution (PODs);
• Updates applicable to the Hurricane Shelter Retrofit (Attachment F) in accordance with Florida's
statewide hurricane shelter space deficit elimination program;
Task 4
• Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery '
Center (DRC) locations and provide basic information in WebEOC.
QUARTER 3: JANUARY 1,2020— MARCH 31, 2020 0
In order to demonstrate successful completion of the required tasks for Quarter 3, the Recipient must
submit the following items in the Division's SharePoint portal and/or WebEOC:
Task 1
CL
• Updates to the FDEM Form 4—Staffing Detail and position descriptions for funded emergency
management staff, including an identification for which employees are responsible for
Preparedness, Response, Recovery, Mitigation, and Finance; cm
cm
• A quarterly report as outlined in Quarterly Reports (Attachment D);
• The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or
paystubs; cm
• Any new certificates obtained by employees of the County Emergency Management Agency for
any G/IS, FEMA or Division courses that pertain to Preparedness, Response, Recovery,
Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a
copy of the transcript);
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C.7.a
Task 2
• Any updates to the FDEM Form 3- Local Budget Match Requirement; and
• Any updates to the current and accurate County Emergency Management Local Budget (General
Revenue) including budget approval date;
Task 3
U)
M
CO
• Updates to the support of Response capabilities (Attachment E), including contact information for
emergency management agency and other contacts, County Director and alternate contacts,
State Mutual Aid Agreement contacts and others;
• Updates to Site Data including location and attribute information for all fire rescue, law
enforcement, public safety, and emergency service stations;
• Updates to Site Data including location and attribute information for all pre-identified sites for the
County Staging Areas (CSAs) and Points of Distribution (PODs);
• Complete Hurricane Shelter Retrofit (Attachment F) requirements in accordance with Florida's
statewide hurricane shelter space deficit elimination program;
Task 4
• Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery
Center (DRC) locations and provide basic information in WebEOC. CL
QUARTER 4: APRIL 1, 2020—JUNE 30, 2020
In order to demonstrate successful completion of the required tasks for Quarter 4, the Recipient must
submit the following items in the Division's SharePoint portal and/or WebEOC:
Task 1
• Any new certificates obtained by employees of the County Emergency Management Agency for
any G/IS, FEMA or Division courses that pertain to Preparedness, Response, Recovery,
Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a
copy of the transcript);
• A Quarterly report as outlined in Quarterly Reports (Attachment D);
• The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or E
paystubs;
Task 2
• Any updates to the FDEM Form 3- Local Budget Match Requirement;
• Any updates to the current and accurate County Emergency Management Local Budget (General 0
Revenue) including budget approval date;
0
Task 3
• Updates to the support of Response capabilities (Attachment E), including contact information for
emergency management agency and other contacts, County Director and alternate contacts, CL
State Mutual Aid Agreement contacts and others;
• Updates to Site Data including location and attribute information for all fire rescue, law
cm
enforcement, public safety, and emergency service stations;
cm
• Updates to Site Data including location and attribute information for all pre-identified sites for the
County Staging Areas (CSAs)and Points of Distribution (PODs).
cm
Task 4
Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery E
• Center (DRC) locations and provide basic information in WebEOC
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C.7.a
ATTACHMENT C
ALLOWABLE COSTS AND ELIGIBLE ACTIVITIES
Rule 27P-19, Florida Administrative Code:
Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in
accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, unless a
specific exception applies, 2 CFR Part 200 Subpart A (Definitions)and Subpart E (Cost Principles)shall
apply to this Agreement.
Expenses:
In order to qualify for reimbursement under the terms of this Agreement, an expense incurred by the
Recipient must be reasonable and necessary for the successful completion of a task required by this U)
Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a
task, then the Division shall not provide any reimbursement for that expense.
U)
U)
NOTE: This Scope of Work recognizes that each Recipient:
• Might be at a different level of preparedness than another Recipient;
• Operates within a unique geography;
• Faces unique threats and hazards; and, CL
• Serves a unique population.
Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a
task under this Agreement might not qualify as reasonable and necessary for another Recipient to
successfully complete a task. Conversely, what might not qualify for one may qualify for another.
In order to avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a
unique cost (e.g. equipment not listed on the EMPG AEL)qualifies as reasonable and necessary for the
successful completion of a task under this Agreement, and if the Recipient receives permission from the
Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost.
Performance:
In order to qualify for reimbursement under the terms of this Agreement, the Recipient's performance E
must satisfy the minimum level of service required for the successful completion of a task required by this
Agreement. If the performance fails to satisfy the minimum level of service, then the Division shall not a
provide any reimbursement for that performance.
Planning:
Planning spans all five National Preparedness Goal mission areas and provides a baseline for
determining potential threats and hazards, required capabilities, required resources, and establishes a
framework for roles and responsibilities. Planning provides a methodical way to engage the whole
community in the development of a strategic, operational, and/or community-based approach to
preparedness.
CL
Some examples of authorized planning activities include, but not limited to:
cm
• Emergency Operations Plans; cm
• Communications Plans;
• Whole Community Engagement/Planning; cm
• Resource Management Planning;
• Evacuation Planning,
• Recovery Planning,
• Local Comprehensive Emergency Management Plan (CEMP), and
• Mitigation Planning
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Packet Pg. 996
C.7.a
In order for planning expenditures to qualify for reimbursement under this Agreement, the Recipient must
submit a final plan to the Division and the Division's Natural Hazard Planning Manager must approve that
plan. As part of any request for reimbursement for planning expenditures, the Recipient must submit the
following to the Division:
• Copies of contracts or agreements prior to contracting with consultants or sub-contractors
providing services;
• Invoice from any consultant/contractor involved in the planning (Note—grant agreement must be
referenced on the invoice);
• Copies of all planning materials and work product (e.g. meeting documents, copies of plans); U,
• If a meeting was held by Recipient, an agenda and signup sheet with meeting date must be U'
included;
• Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement);
• Complete debarment form and/or Sam.gov for any contractors/consultants; U)
• Proof of purchase methodology(e.g. quotes, sole source, state contract, competitive bid results);
• Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to
planning activities.
Operational: CL
EMPA Program funds may be used for all day-to-day activities in support of the four phases of
emergency management (preparedness, response, recovery, and mitigation). Reimbursable personnel
costs include salary, overtime and backfill, compensatory time off, and associated fringe benefits.
Rules 27P-19.004 and 27P-19.0061, F.A.C., outline the minimum performance level (definition below).
Each Emergency Management staff person must be available to work the number of hours and assume
the responsibilities for the duties in their official position description as well as provide the coordination
and support for all incidents within the jurisdiction on a 24-hour basis.
Personnel costs 27P-11.004, 27P-11.0061:
Counties with populations of 75,000 or more must have a full-time emergency management
director. Counties with populations of less than 75,000 or party to an inter-jurisdictional
emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is
recognized by the Governor by executive order or rule, are encouraged to have a full-time
director. However, as a minimum, such a county must have an emergency management
coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency
Management Director" means a single professional emergency management program
Administrator working full-time as identified in the position description established by the
governing body of the jurisdiction.
0
Eligible "Operational" items include, but are not limited to:
• Salary and Fringe Benefits (include FDEM Form 6-Time and Effort with employee&supervisor
signatures—focus is on proof of hours actually worked)
CL
• Utilities (electric, water and sewage)
• Service/Maintenance agreements (provide vendor debarment and service agreement for
contractual services) cm
• Office Supplies/Materials cm
• IT Software Upgrades
• EM Fuel cm
• Memberships
• Publications
• Postage
• Storage
• Other Personnel/Contractual Services
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Packet Pg. 997
C.7.a
o Reimbursement for services by a person(s)who is not a regular or full-time employee filling
established positions. This includes but is not limited to, temporary employees, student or
graduate assistants, fellowships, part time academic employment, board members,
consultants, and other services. Position descriptions are required.
o Consultant Services require a pre-approved Contract or purchase order by the Division.
Copies of additional quotes shall also be supplied when requesting pre-approval. These
requests shall be sent to the Grant Manager for the Division for review.
If the recipient seeks reimbursement for operational activities, then the following shall be submitted:
49
• Documentation that clearly indicates hours worked for full or part-time staff or
contractors/consultants, position descriptions, and proof employee was paid. U)
• FDEM Form 6-Time and Effort for full or part-time staff or contractors/consultants with employee
and supervisor signatures.
• Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit U)
card statement, bank statements)for any expenditures in support of operational costs.
Equipment:
Provided the cost of the item qualifies as reasonable and necessary for the successful completion of a
task required by this Agreement, an item on the FEMA AEL that is specifically coded for the Emergency CL
Management Performance Grant ("EMPG") Program satisfies the minimum level of service for an
equipment purchase under this Agreement. If an item qualifies as reasonable and necessary, and if the
item is EMPG-coded on the FEMA AEL, then the Recipient does not need to obtain permission from the
Division prior to purchasing the item in order to seek reimbursement.
If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA
AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the
Recipient purchases such an item without receiving permission from the Division beforehand, then the
Division will not provide any reimbursement for that purchase.
Of note, AEL 21GN-00-OCEQ (Equipment and Supplies, Information/Emergency Operations/Fusion
Centers) provides authorization for the purchase of equipment and supplies that are necessary to
establish and maintain an Emergency Operations Center.
Allowable equipment includes equipment from the following AEL categories:
• 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) CL
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14) cm
• CBRNE Logistical Support Equipment (Category 19) cm
• Other Authorized Equipment (Category 21)
cm
The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's
preparedness grant programs and can be located at httpse//www.fema.aov/authorized-equipment-list. �
If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant
Manager for clarification.
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Packet Pg. 998
C.7.a
Recipients must analyze the cost benefits of purchasing versus leasing equipment, especially high cost
items and those subject to rapid technical advances.
For more information regarding property management standards for equipment, please reference 2
C.F.R. Part 200, including 2 C.F.R. §§200.310, 200.313, and 200.316.
M
If the recipient seeks reimbursement for equipment activities, then the following must be submitted:
• All invoices;
The AEL#for each purchase;
• Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement, bank U'
statement); and,
• Proof of purchase methodology(e.g. quotes, sole source, state contract, competitive bid results).
U)
U)
Training:
Training funds may be used for a range of emergency management-related training activities to enhance
the capabilities of state and local emergency management personnel through the establishment, support,
conduct, and attendance of training. Training should foster the development of a community-oriented
approach to emergency management that emphasizes engagement at the community level, strengthens CL
best practices, and provides a path toward building sustainable resilience.
The Recipient can successfully complete an authorized course either by attending or by conducting that
course.
• In order to receive payment for successfully attending a training course, the Recipient must
provide the Division with a certificate of completion; additionally, the Recipient must provide the
Division with all receipts that document the costs incurred by the Recipient in order to attend the
course.
• In order to receive payment for successfully conducting a course, the Recipient must provide the
Division with the course sign-in sheet. Additionally, the Recipient must provide the Division with
all receipts that document the costs incurred by the Recipient in order to conduct the course.
• In order to receive payment for successfully conducting a workshop the recipient must provide the '
Division with workshop sign-in sheets and materials used for workshop. Additionally, the
Recipient must provide the Division with all receipts that document the costs incurred by the
Recipient in order to conduct the workshop. 0
For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a
course. For questions regarding adequate number of participants, please contact the FDEM State
Training Officer for course specific guidance. Unless the recipient receives advance written approval from
the State Training Officer for the number of participants, then the Division must reduce the amount
CL
authorized for reimbursement on a pro-rata basis for any training with less than 15 participants.
Allowable training-related costs include the following: CM
CM
• Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to
administering the training: planning, scheduling, facilities, materials and supplies, reproduction of CM
materials, and equipment. Training shall provide the opportunity to demonstrate and validate
skills learned, as well as to identify any gaps in these skills.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of attendance at approved training courses and
programs are allowable. These costs are allowed only to the extent the payment for such
31
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C.7.a
services is in accordance with the policies of the local government. 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.
U)
• 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, fuel, and disposable
protective equipment).
• Hiring of Contractors or Consultants. Contractors or 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.
• Certification/Recertification of Instructors. Costs associated with the certification and re-
certification of instructors are allowed. Counties are encouraged to follow the State/FEMA
Instructor Quality Assurance Program to ensure a minimum level of competency and U)
corresponding levels of evaluation of student learning. This is particularly important for those
courses involving the training of trainers.
Conferences:
CL
The Division recognizes the important role that conferences can play in the professional development of
emergency managers.
2 C.F.R. §200.432 defines the term conference as"a meeting, retreat, seminar, symposium, workshop or
event whose primary purpose is the dissemination of technical information beyond the non-Federal entity
and is necessary and reasonable for successful performance under the Federal award."
Rule 69I-42.002(3), Florida Administrative Code, defines the term conference as:
The coming together of persons with a common interest or interests for the purpose of
deliberation, interchange of views, or for the removal of differences or disputes and for
discussion of their common problems and interests. The term also includes similar
meetings such as seminars and workshops which are large formal group meetings that
are programmed and supervised to accomplish intensive research, study, discussion and E
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.
0
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 69I-42.004, Florida
Administrative Code, satisfies the minimum level of service for conference travel under this Agreement.
In pertinent part, Rule 69I-42.004(1), Florida Administrative Code, states "No public funds shall be CL
expended for attendance at conferences or conventions unless:
CM
• The main purpose of the conference or convention is in connection with the official business of
CM
the state and directly related to the performance of the statutory duties and responsibilities of the
agency participating;
• The activity provides a direct educational or other benefit supporting the work and public purpose CM
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 ea
• The request for payment of travel expenses is otherwise in compliance with these rules."
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Packet Pg. 1000
C.7.a
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 copy of the internal travel voucher or a statement that no travel costs were incurred, if
applicable. Also, a statement on the voucher explaining how attendance at a conference directly
relates to the Recipient's job duties;
• A copy of those pages of the agenda that itemizes the registration fee; U'
• A copy of local travel policy; and,
When a meal is included in a registration fee, the meal allowance must be deducted from the U)
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 CL
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.);
• $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and, 0
• $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel
occurs during nighttime hours due to special assignment.).
r_
0
Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed:
CL
• 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. cm
112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. cm
Per diem shall be calculated using four six-hour periods (quarters) beginning at midnight for Class A or cm
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.
33
Packet Pg. 1001
C.7.a
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, or
$19 for dinner unless:
• For counties—the requirements of Section 112.061(14), Florida Statutes, are satisfied;
• The costs do not exceed charges normally allowed by the Recipient in its regular operations as
the result of the Recipient's written travel policy(in other words, the reimbursement rates apply
uniformly to all travel by the Recipient); and,
• The costs do not exceed the reimbursement rates established by the United States General
Services Administration ("GSA")for that locale (see httrrs://www.gsa.gov/aortal/content/l04677).
a�
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. U)
Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per
night.
If the recipient seeks reimbursement for training activities, then the following shall be submitted: CL
• Training certificates or Sign-in sheets, either with all participant's signatures or pre-populated with E
lead instructor signature and date;
• Receipts and proof of payment (e.g. cancelled check, electronic funds transfer confirmation,
credit card statement, bank statement)for any expenditures in support of the training (e.g.
printing costs, costs related to administering the training, planning, scheduling, facilities, materials >,
and supplies, reproduction of materials, and equipment);
• Invoices and proof of payment for Travel costs (e.g., internal travel form, airfare, mileage, per
diem, hotel) related to training/conference activities and;
• Proof of purchase methodology(e.g. quotes, sole source, state contract, competitive bid results),
if applicable, and;
• Provide copy of current procurement, employment, and travel policies.
Exercises:
Exercises conducted with grant funds should test and evaluate performance towards meeting capability
targets established in a jurisdiction's Multi-Year Training and Exercise Plan (MYTEP)for the core
capabilities needed to address its greatest risks.
0
Allowable exercise-related costs include:
0
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs
related to planning, meeting space and other meeting costs, facilitation costs, materials and
supplies, travel, and documentation. Recipients are encouraged to use free public
CL
space/locations/facilities, whenever available, prior to the rental of space/locations/facilities.
Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to
identify any gaps in these skills. Gaps identified during an exercise including those for children cm
and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP cm
and addressed in the exercise cycle.
• Hiring of Contractors or Consultants. Contractors or Consultants may be hired to supportcm
direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the
policies of the state or unit(s)of local government and have the approval of the state. The
services of contractors/consultants may also be procured to support the design, development,
conduct and evaluation of exercises.
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Packet Pg. 1002
C.7.a
• 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 local government. 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
U)
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, fuel, 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 U)
equipment, and the procurement of other essential nondurable goods. Costs associated with
inclusive practices and the provision of reasonable accommodations and modifications that
facilitate full access for children and adults with disabilities are allowable.
When conducting an exercise that shall include meals for the attendees, the recipient shall submit a CL
request for approval to the Division at least twenty-five (25)days prior to the event to allow for both the
Division and the Department of Financial Services to review. The request for meals must be submitted on
letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals.
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.
If the recipient seeks reimbursement for exercise activities, then the following shall be submitted:
• Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual,
Exercise Plan);
• After-action report with Improvement Plan (AAR/IP), Sign-In sheets, Agenda;
• Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit
card statement, bank statement)for supplies expenditures (e.g. copying paper, gloves, tap, etc.);
• Invoices and proof of payment for Travel costs (e.g., internal travel voucher, airfare, mileage, per
diem, hotel) related to exercise activities;
CL
• Proof of purchase methodology, if applicable (e.g. quotes, sole source, state contract, competitive
bid results).
cm
No later than 90 days after completion of an exercise, the recipient must upload to the Division's cm
SharePoint portal at: ht_tarse//portal.floridadisaster.org an After Action Report (AAR)that includes the
following: cm
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Packet Pg. 1003
C.7.a
• An Improvement Plan; and,
• A roster of participants.
Management and Administration:
Allowable management and administration costs includes:
• Hiring of Contractors or Consultants. Contractors or Consultants to assist with the
management of the respective grant program; application requirements, and compliance with
reporting and data collection requirements.
U)
If the recipient seeks reimbursement for management and administration activities, then the following U'
shall be submitted:
• Documentation that clearly indicates hours worked for contractors or consultants, and proof U)
consultant was paid;
• FDEM Form 6-Time and Effort with employee &supervisor signatures for contractors or
consultants;
• Contractual service agreement, if applicable;
• Proof of purchase methodology, if applicable (e.g. quotes, sole source, state contract, competitive CL
bid results).
Up to 5%of the total award amount may reimbursed for management and administration activities.
Supplanting Prohibited
Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to
supplant existing funding." Additionally, Rule 27P-19.003(3), Florida Administrative Code, states: "Funds
received from the [EMPA] Trust Fund may not be used to supplant existing funding, nor shall funds from
one program under the Trust Fund be used to match funds received from another program under the
Trust Fund."
FINANCIAL CONSEQUENCES:
Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the
applicable deliverables, shall result in the following penalty:
A 10% reduction of the overall amount authorized by this Agreement.
The Division shall apply the penalty each quarter during which the Recipient fails to successful) complete
ppY p Y q 9 p Y p
each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each
penalty shall be applied cumulatively.
If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully
perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the
cm
Division agrees that the inability to perform was directly due to circumstances beyond the control of the
cm
Recipient, then the Division will consider waiving the imposition of a financial consequence.
cm
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Packet Pg. 1004
C.7.a
ATTACHMENT D
QUARTERLY REPORTS
Recipients must provide the Division with quarterly financial reports and a final close-out report.
• Quarterly financial reports are due to the Division no later than forty-five (45)days after the end of
each quarter of the program year; and must continue to be submitted each quarter until
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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.
M
U)
Reporting Period Report due to FDEM no later than U)
July 1 through September 30 November 15
U)
U)
October 1 through December 31 February 15
January 1 through March 31 May 15
April 1 through June 30 August 15 CL
• The Recipient must provide the Division with supporting documentation for the quarterly financial
reports. To eliminate large files and mailings, the Division shall accept back up documentation on
a CD if desired by the county.
• The Quarterly Tasks form 1B is due with your quarterly financial report each quarter. This form
identifies all Emergency Management personnel's required training completed (or working
towards completion)as well as quarterly deliverables during the agreement period.
• In order to ensure compliance with Rule 27P-19.011, the Local Budget Match Requirement Form
shall be completed and sent when the Local County Budget is approved or by
November 15, 2019. The County shall provide a copy of the current Emergency Management
Local Budget (General Revenue) including approved budget date with the form. If the County's
current budget is lower than the previous year, or the average of the last three years, the county
is required to request a Waiver no later than forty-five (45)days after the county budget is E
approved.
• In a format provided by the Division, Form 4 -Staffing Detail and position descriptions of each '
funded county emergency management staff shall be submitted no later than
November 15, 2019 or along with 1st quarter reimbursement submission, whichever occurs first.
• The final close-out report is due sixty(60)days after termination of this Agreement by 0
August 30, 2020, or 60 days after completion of activities contained in this agreement, whichever
occurs first.
0
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cm
cm
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Packet Pg. 1005
C.7.a
Programmatic Point of Contact:
Contractual Point of Contact Programmatic Point of Contact
Michael J. Day Karen Lyons
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(850)815-4346 (850) 815-4325
Michael.Day@em.myflorida.com Karen.Lyons@em.myflorida.com U,
U)
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Packet Pg. 1006
C.7.a
ATTACHMENT E
RESPONSE CAPABILITIES
Contacts -The Recipient shall maintain current county emergency management and other contacts
through the Division's SharePoint portal available at https://portalefloridadisaster.org.
From the Portal main page, click"County Links", then pulldown and select"Update County Contacts."
This information includes:
• County Director and Alternate contacts
• State Mutual Aid Agreement contacts U,
• Logistics contacts U'
• and many more....
SharePoint Site Identification -The Recipient shall upload current Site Data to the Division's U)
SharePoint portal available at httpse//portal.floridadisaster. rg. SharePoint site Identification data includes:
• Through SharePoint- location and attribute information of all —
o fire rescue
o law enforcement
o public safety
o emergency service stations
Attribute information shall include at a minimum: facility name, facility type, physical address, and
USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is required).
NOTES:
For Site Identification data uploaded through SharePoint—
To facilitate emergency sites review, FDEM GIS will annually upload a spreadsheet extracted from
the critical facility inventory. This spreadsheet is intended to assist counties without GIS resources.
Critical facility inventory spreadsheets provided will contain more facility types than are required to be
reviewed.
Counties with GIS resources may, instead of reviewing this spreadsheet—
o Upload zipped shapefiles or geodatabases extracted from a county GIS system,
o Upload a zipped geodatabase of Essential Facilities created using HAZUS
Comprehensive Data Management System (https://www.fema.gov/comprehensive-data-
management-system)
o Provide URL to a GIS data download website maintained by the county
0
If counties have no changes to SharePoint since the last agreement period, a statement of"no change"
shall be submitted via the SharePoint portal.
CL
WebEOC Site Identification -The Recipient shall upload current Site Data to WebEOC available at
https://eocefloridadisastereorg. WebEOC site Identification data includes: cm
cm
• Through WebEOC- location and attribute information of all pre-identified --
o County Staging Areas (CSAs)
o Points of Distribution (PODs)
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C.7.a
Attribute information shall include at a minimum: Site Name, Site Type, Site Address, Full Address
with Latitude/Longitude in decimal degrees, Primary Contact (name, e-mail and phone) Secondary
Contact (name, e-mail and phone).
The following Site Information is upload information is optional:
• Picture attachment of Site.
• Comments regarding access, transportation routes or any planning information.
SITE SUGGESTIONS:
County Staging Areas (CSAs)
Sites should be located adjacent to a major highway and have the ability to establish safe <
• one-way traffic through the compound and reasonably secured. County Staging Areas
must also be located in a region that can support countywide relief operations.
• For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where U)
possible, exceptions can be made.
Point of Distribution (PODs)
• PODs should not be nearby a business that has water and food for sale.
• Counties should focus on placing PODS in outlying areas where these types of stores are CL
not located in-order to insure that resources are available in those areas.
• For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where
possible, exceptions can be made.
0
C)
0
0
CL
cm
cm
cm
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C.7.a
ATTACHMENT F
HURRICANE SHELTER RETROFIT
Hurricane Shelter Retrofit- In accordance with Florida's statewide hurricane shelter space deficit
elimination program, the Recipient must upload items A- E in the Division's SharePoint portal by the end
of the 3rd Quarter at:h1$orse//portal.floridadisaster.org. The responses collected in this task are the basis
for the Shelter Retrofit Report as required by 252.38 F.S. Each county's current Shelter Inventory
Spreadsheet shall be available on SharePoint for reference.
A. Hurricane shelter deficit reduction information.
1. Submit a list of newly constructed "as-is", retrofit, or Enhanced Hurricane Protection Areas
(EHPA)facilities. If none, enter"none". U)
2. Submit any corrections needed on the Shelter Inventory Spreadsheet. If none, enter"no
corrections needed, the information is correct".
B. Current or newly completed hurricane shelter retrofit projects. U)
1. List all hurricane shelter retrofit projects completed in the previous fiscal year regardless of
funding source(s). If none, enter"none".
2. List potential hurricane shelter retrofit projects. Listing projects is the first step for grant
eligibility. If none, enter"none".
C. Update Special Needs Shelters' (SpNS) power systems. CL
1. Respond yes or no to this statement:
All designated SpNS have a standby power system or the capability for a temporary power
system with adequate size to support life-safety systems, essential lighting and outlet
receptacles, air-conditioning, and necessary medical equipment.
2. If no, upload a strategy so that all designated SpNS shall have a standby power capability
with adequate capacity to support life-safety systems, essential lighting and outlet
receptacles, air-conditioning, and necessary medical equipment. For those designated SpNS
facilities without a permanently equipped standby electric generating capacity, a temporary
electric generator with adequate capacity to support the standby power system requirements
is available and locally sourced.
D. Update SpNS client space capacity.
1. Respond yes or no to this statement:
The county has designated sufficient SpNS client spaces to meet the anticipated five-year
demands as determined by the 2018 Statewide Emergency Shelter Plan (published
January 31, 2018).
2. If no, upload a strategy to achieve sufficient SpNS client spaces to meet the anticipated five-
year demands as determined by the 2018 Statewide Emergency Shelter Plan (January 31, 2018).
E. Upload a brief report on results of this year's coordination with school boards, community colleges
and universities (as applicable). The most recent published Statewide Emergency Shelter Plan C3
provides guidance for implementation of the criteria. The Report to the Division shall discuss, at an
0
executive level, the results of the meeting(s) including:
1. List of planned facilities/buildings (e.g., initial name/title of the project (such as, High School
AAA), location and estimate of shelter space floor area or spaces)that the educational
agency shall design and/or build in the coming two(2)years; and five (5)years. CL
2. List of facilities/buildings that shall be designed and constructed as EHPA, include anticipated
hurricane shelter spaces, if known.
cm
3. List of facilities/buildings for which an exemption from EHPA shall be requested, and
cm
anticipated statute or code-based cause(s)for such exemption(s).
4. List of facilities/buildings where future retrofitting may be practical to create shelter space.
5. Update the status of EHPA or new construction projects from previous reports to the Division cm
6. Upload a copy of the participant sign-in sheet with agency affiliation shown, and a copy of
any meeting minutes (or similar documentation).
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ATTACHMENT G
RECOVERY CAPABILITIES
The following recommendations should be considered when identifying potential Disaster Recovery
Center (DRC) locations:
M
A. Locations must be large enough for the needs of the situation (number of agencies and clients
anticipated in the DRC). This may vary from a location identified as small as 1500 square feet for a small
DRC to more than 5000 square feet for a large DRC. It is good to identify a variety of possible locations of
different sizes within the county. The size of a DRC will vary dependent upon the number of anticipated
applicants to be served within the community. U)
DRC Size Chart
U)
U)
Small: 1500-3499 sq. ft.
Medium: 3500-4999 sq. ft
Large: 5000 sq. ft-Above CL
B. Consider locations that don't require a fee to use the facility and FEMA generally only pays for
utilities or phone line installation. If a written agreement is made prior to occupancy, then FEMA will take
responsibility for the utilities or other payments to a facility.
C. Facilities should have heat, electricity, good lighting, potable water, rest rooms, and adequate
parking.
D. All locations should be compliant with the Americans with Disabilities Act of 1990, to ensure access
to all individuals, including individuals with disabilities and others with access and functional needs.
E. Appropriate emergency fire & medical support should be quickly available to the location.
F. Preferably when a DRC is established, the first 7 days should be without interruption from prior
commitments (e.g. basketball games, weddings, parties, meetings, etc.). It is also important to understand
that a DRC may need to remain operational for a minimum up to 30 days or longer.
G. The location's owner must be willing to allow FEMA to install telephone lines and/or internet service if
necessary.
H. Facilities should be available from 7:30am-7:OOpm daily, Monday through Saturday, and possibly on
Sundays and holidays.
0
ADDITIONAL CONSIDERATIONS
0
1. When possible, DRC facilities should be centrally located in a community to minimize travel time.
Consideration must be given to the most vulnerable population. Where applicable DRCs should
be established on a public transportation route.
The public should generally be familiar with the location CL
Custodial support should be available at the facility
2. If necessary, the parking lot should be able to temporarily accommodate a Mobile Communicationcm
Office Vehicle (MCOV) (60'long x 20'wide)with an unobstructed view of the south-western sky forcm
satellite connectivity.
3. Does the occupancy of the facility have any Environmental Planning and Historic Preservation
(EPH) considerations that need to be addressed? (e.g. special flood hazard area, Historical site, cm
etc.)
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C.7.a
Disaster Recovery Center Basic Requirements
Physical Location
Name:
Physical Address (no PO Box):
City: County: State: Zip
GPS: LAT LONG
Directions/Landmarks:
Contact Persons (POC):
Facility point of contact: Name Phone:
Address:
City: State: Zip:
After hours POC: Name Phone:
Address:
City: State: Zip:
Alternative POC: Name Phone:
Address:
City: State: Zip:
County Emergency Management Director: Name Phone:
Address:
City: State: Zip:
Site Characteristics
c�
0
Date available: Begin: End: Lease required: Y N Cost $
Space available: sq. ft. Hours of use: Keys:
DRC use parking spaces: ADA parking spaces: Total:
Parking lot lights: Y N Outside building lights: Y N
ADA accessibility:
cm
Exterior notes:
cm
Response time: Police: Fire:
Nearest hospital: Name Phone: cm
Address: E
Distance: Time:
Local crime summary:
43
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C.7.a
Local hazards summary:
Interior
U)
# Rooms: _ Room size: Room A x_ Room B x Room C x
# Bathrooms: ADA compliant: Y N
Are doors secure: Y N Comment:
Are windows secure: Y N Comment:
Emergency lighting functional: Y N Exit lighting functional: Y N U)
Fire sprinkler system functional: Y N # fire extinguishers:
Water system: Y N City/County system: Y N Approved for drinking: Y N
Air conditioning: Y N Fans: Y N Adequate ventilation: Y N
Electrical power to support computer and office equipment demand: Y N
Can inside re-wiring be accomplished easily and safely? Y N
Is building interior in good shape (check for water leaks & visible hazards)? Y N
CL
Office Characteristics
Internet access: Y N Wi-Fi: Y N # Fax: # Toner cartridges:
Flatbed tabletop copier: Y N Copy paper boxes # Toner cartridges:
High speed printer: Y N # Toner cartridges: Shredder: Y N
# Trash cans: Janitorial & trash pickup available? Y N
# Tables: # office chairs: # folding chairs: Bathroom access: Y N '
# Paper towels: # toilet paper: # paper cups: # ext. cords: E
Comment:
Phones
FEMA cell phone signal? Y N Strength: Air Card? Y N Strength:
Do phone lines already exist for DRC use? Y N How many?
What is maximum phone line capacity: DSL: POTS: Switchboard: Y N
Phone service point in building: 0
Phone service provider: Contact number:
Phone number connected to DRC location (for tel/com reference):
Comments:
Sketches
Draw location sketches: (1) Exterior: building, ADA parking & ramps, DRC, parking (2) CM
CM
Interior: building, rooms w/dimensions, location of outlets and telephone equipment
CM
Note: Above checklist compiled from various sources including:
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C.7.a
ATTACHMENT H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
U)
M
Subcontractor Covered Transactions
M
(1) The prospective subcontractor of the Recipient, certifies, by U)
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
U)
U)
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
CL
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title FDEM Contract Number
C)
0
0
Street Address Project Number
CL
cm
City, State, Zip cm
cm
Date E
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C.7.a
ATTACHMENT
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below. 0
U)
M
ca
[ ] ADVANCE REQUESTED 4)
Advance payment of$ is requested. Balance of M
payments will be made on a reimbursement basis. These funds are U)
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.
U)
U)
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20�-20�Anticipated Expenditures for First Three Months of
(list applicable line items) Contract
For examine
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For examile
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 0
support that the advance will be expended within the first ninety(90)days of the contract term. Any advance
0
funds not expended within the first ninety(90) days of the contract term shall be returned to the Division Cashier, 0
a
2555 Shumard Oak Boulevard,Tallahassee,Florida 32399,within thirty(30)days of receipt,along with any
0-
interest earned on the advance)
Q
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C.7.a
ATTACHMENT J
WARRANTIES AND REPRESENTATIONS
Financial Management
U)
M
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
U)
U)
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
U)
U)
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
CL
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The 0
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
0
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
CL
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
cm
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality cm
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
cm
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so. E
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C.7.a
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an U)
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
U)
U)
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
CL
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
0
C)
0
0
CL
CD
CM
CD
CM
CD
CM
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C.7.a
ATTACHMENT K
STATEMENT OF ASSURANCES
The 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 federal) 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 U)
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.) CL
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards
Act. CD
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.
CD
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 E
requirements of law, program requirements, and other administrative requirements.
CD
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 U
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.
0
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) CL
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
49
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C.7.a
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 I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile
Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the M
U)
current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and U)
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 U)
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
CL
Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection
Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 4)
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 II 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 E
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
0
is for$500,000 or more. C3
0
15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L. 97-348)dated October 19, 1982
0
(16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
CL
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.
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