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Agreement No. G0060 08/21/2019 ° . Kevin Madok, CPA `:... ' Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: October 7, 2019 TO: Jeff Manning, Sr. Planner Emergency Management FROM: Pamela G. Hanco"4.4')I.C. SUBJECT: August 21st BOCC Meeting Enclosed are two duplicate originals of the following item, executed on behalf of Monroe County, for your handling: C9 Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Performance Grant Agreement No. G0060 in the amount of$66,800.00,fully grant funded and no county match; and authorization for the County Administrator to execute any required documentation in relation to the grant. Please be sure to return a fully executed original to this office once signed by the state. Should you have any questions, please feel free to contact me at ext. 3130. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Agreement Number: G0060 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a"subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R.§200.74,"pass-through entity" means"a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program." As defined by 2 C.F.R.§200.93,"Sub-Recipient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R.§200.38,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R.§200.92,"subaward"means"an award provided by a pass-through entity to a Sub- Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R.§200.331(a)(1): Sub-Recipient's name: Monroe County Sub-Recipient's unique entity identifier(DUNS): 073876757 Federal Award Identification Number(FAIN): EMA-2019-EP-00001 Federal Award Date: July 01,2019 Subaward Period of Performance Start and End Date: July 01,2019—June 30,2020_ Amount of Federal Funds Obligated by this Agreement: $66,800.00 Total Amount of Federal Funds Obligated to the Sub-Recipient • by the pass-through entity to include this Agreement: $66,800.00 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $66,800.00 Federal award project description(see FFATA):The purpose of the Emergency Management Performance Grant(EMPG) Program is to provide federal funds to states to assist state,local,territorial,and tribal governments in preparing for all hazards,as authorized by Section 662 of the Post Katrina Emergency Management Reform Act(6 U.S.C.§762)and the Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.§§5121 et seq.).Title VI of the Stafford Act authorizes DHS/FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness iointly in the Federal Government,states,and their political subdivisions.The Federal Government,through the EMPG Program,provides necessary direction,coordination,and guidance,and provides necessary assistance,as authorized in this title,to support a comprehensive all hazards emergency preparedness system.The FY 2019 EMPG will provide federal funds to assist state,local,tribal,and territorial emergency management agencies to obtain the resources required to support the National Preparedness Goal's(the Goal's)associated mission areas and core capabilities.The EMPG program supports the Quadrennial Homeland Security Review Mission to Strengthen National Preparedness and Resilience. Name of Federal awarding agency: Department of Homeland Security Name of pass-through entity: Florida Division of Emergency Management Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.042 Whether the award is R&D: N/A Indirect cost rate for the Federal award: 29.26% ECEINE 11:13LeetatilD THIS,AGREEiIZEf'fi is entered:into'by titreStaiitte mfFlloriids.,I ! ,isron Ziff Emergency Management \T ``I`ahead uari(( s iiis Ta(Ball ram„Flkor flay(((hereina r arefe,need i;�Q>:as iitifie°' , �isii�,xn"�)n and!ff f e c ►iir>ity ,,.(herein iallteril I fene lie as tilde"Su C, µ p� .. q p� Fertile O) I I�r011mg-es(f'Lll'.Ilirs,, i ent,the IlDii\VISi�'rn as to Melt: 'd itir1"✓ugh'artily tier a Federal award„and'.I!Ie wib ",edllpiemt serves as lance -recipientdfa sd warrd_ INNS AGREEii E' r IlS E1 RE 3101T�1f1 D'i;/,Siair;ON THE FOLLOWING iRElo':RE 117. A The e Sub-R represents Tait in iiis fudlby qualified and tlu, +,G;le to!r ive these grant funds ir0,;pretide the service iidentited'hereian„ id. The.e State of!Florida ire eFr 01 these grant funds from'ni r e FT-of eral government -I 110,the lialiivision has the mail wetly tosubgrant these funds ItoIrileStib!R ientup rate ,1•-ram and,conditions outlined ih to isr and, C. The Division has statutory a irid rio;ruty to(disburse the funds under this Agrees remit. THEREFORE,i19 Division and the Salb-Reeipierot agree tothe ,0Io ing: ((t)) APPLICATION OF STA t k LA;c„TO THIS AGREEMENT 2 iC F!R.§200.302 provides:"iEath:state mutt expend and account for the Federal awa..01 in ate;:a ance with State(laws and pre:a::,a1 acres ifor expending and accounting for the.staters own funds:" Therefore,section 21.5.971,.Florida Statutes,en n.i!ed-Agreements nts funded With federal or State assistance,applies to this Agreement (2) .LAWS.RULES,:REGULATIONS AND POLICIES a. The;Sub-Recipient`s performance under this Agreement is subject to 2 G_F R_Part 200,entitled-Uniform Administrative Requirements,Cost Prindiples,and Audit Requirements for Federal ,Awards:" b. As required by Section 21.5 971((1)),Florida Statutes,this Agreement includes: ii. A provision specifying a scope cif work that Clearly establishes the tasks that the Sub=Recipient is required to perform_ iii. A provision,dividing the agreement into quantifiable units of deliverables that (must be received and accepted in writting 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 eadh deliverable. iii. A provision specifying the financial consequences that apply if the_Sub- Recipient fails to perform the minimum level Of service required by the agreement. iv. A provision:specifying that the Sub-,Recipient may expend funds only for allowable costs resulting from Obligations incurred during the specified agreement period_ v. A provision specifying that any ibalance of.undbligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. • 7 c_ am caddii'tion to the i regciing„the ath4Rerfipieniterart fine r it irdcn Shall be governed lib PJ appliattde tm to and Feder-1 illaws„'Miles and reguillat is ns„banding;ltutnding use i idertrfated inn the'ape of wok ottattlimott o,D „ 1 y e;14) ;:; .ntelferernce iun ti{:;is/Agreemertit:wo a grartion r „ma „or iriYgtuillafiiinnil in noway Tangles i ha t itrno Other stat7utte„�truuile„GT it:gui atuon applies. • 43) Ctelfi ACT a 9n accordance\;4;i it sector.]2115.9711;(2)„Ronda Stables,the DiiViSibmi''s Gratnit Manager Shell be responsible tfor r;-nil io Ic ng I;o o;,,,,; . r Leaf this(Agreement's items and condillikElS and ill serve as the - '„s lliu itsorn\,;?ir r 'iir,,e S -Rec pient. As s higher dailies„;Hi e Grant ligiana,ger for the INVisiion r and document Stiff•.Ra pient'performance;and„ Review and document all cdelivera?o'es'i orWhin the Stth-Recipient i:: uests payment_ b The Division's Grant IManager for this Agreement is: Michael J.Day 2555 Shumard(Oak Boulevard Tallahassee,Florida.32399 Telephone:85048154346 E ailtilichael.Day(aem zmyfionda.com c. The name and address Of the Representative Of the Sub-Recipient,responsible for the administration of this Agreement is: Martin Senterfitt, Director 490 63rd St Ocean. Suite 15Q Marathon, FL 33050 Telephone: (305) 289-6065 Email: Senterfitt-MartinCa�Monroecounty-FL.gov d_ In the event that different representatives or addresses are designated by either party after execution of this Agreement,inotice of the name,title and address of the new representative Will be provided to the other party_ 3 14)) TEiRIIVIS.AiND(CONDITIONS This:Agree;; ccnmtains. i➢il the Items and conditions agreed upon'by the parties_ ( )) Thiis,^; manumit be executed iin.any nunibar of conni „any one dirWhith imay be taken as an anginal. ((0)) ilf IODIiF(IICAlflO.N Either .,I,_y may ire patit IM3figiCefiralli thi S;proVisu ns of this Agrreernalit. (Changes Width are ag pen Shall be\valid only When iin writing,Signed by oath of the;pairli;esn a.I+a;attathed in el ,e original cif this Q!reemera$_ `7))) SCOPE OF WORK. Titre Sub-'Reoopient Shall perform the nworlc in accordance with the u(ii! et(((! ffir:.tanne>r!t i.)j and Scope,of Wo!ik(At aament iB)cof tis Agreement (0) ;!.ERI OD OF AGREEMENT. This Agreement Shaill begin July im 2019 and shall end on June 30,2020,unless tentineited earlier in accordance With The iproVisions Of Paragraph on Of this,rreement_ Consistent\with the definition of"Y period of iperfo ance©(contained in 2 C F.R.§200.77T the term;period of agreement' refers to The time during Which the;Sub Recipient''imay incur new obligations to carry gout the work authorized under this Agreement In accordance with 2 C.F.R.§200.309,the SuilARedpierit may receive reimbursement under this,Agreement only for'allowable costs incurred during the period of performance.' In 'with section215_9971((1))(f),Florida Statutes,the Sub-Recipient may eçpend funds authorized by this Agree ent only for allowable costs resulting from obligations iincur;red'during"the period of.agreement (:9) FUNDING a. This is a coat4eirribursementAgreement,subject to the availability of funds. b_ The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,,and subject to any modification in accordance With either Chapter 216„Florida,Statutes,or the Florida Constitution. c. The Division Will reimburse the Sub-Recipient only for allowable costs incurred iby the Sub-Recipient in the successful completion,of each deliverable_ The maximum reimbursement amount for each deliverable is outlined in the Budget(Attadh ent.A)and Scope of Work(Attachment B)of this Agreement The maxi um reimbursement amount for the entirety of this Agreement is$66,800_0:0.. d. As required by 2 G.F..R.:§200..4i5(a).,any request for payment under this Agreement must include a certification,signed by an official Who is authorized to legally bind the Sub=Rebir ient, which reads as follows: ".By signing this report,I certify to the best of my knowledge and belief that the report is true, complete,and accurate,,and the,.expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award_ I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact,may.subject me to criminal„ 4 ccia i!I or administrative penalties+frifirand„false statements„false cdllaionascroliitaerwiise..{(iUIS_.Coyle Title 113„ Sed6iorr 110 w 1,and little:311,,'Settkons.3729 37311)and e_ The I rfrieStion will)lire !e r any requ ettib!r anelinnbuirsemenit by comparins tie documenitetion jj owiti by line SubRetiplenitagainat„w Jr, ,+0,•measure,na,a ed in the u get (Atathirrinerit land and Scope&Work p iment,m)„that dearly delineates: E. The requirednribrinturn acceptattille Ilievell cof:ser/iice Doibe jpeor me;amd„ The ofittede evale..icing the stuccessfull completion(dfceat o deifoveralale_ I The h e jpe formneance imescurre required by lion 2115W1(1))((bil Ronda Statuiites, ,wins c¢ !nsiistentwatho ir:,e requirement fora""a-dermance goat''„\witnir o its det`!in-, in 2 C F §2)_77 as wa ir.l.A of ja,,- 1i;anuance expressed as a isini'a,Bold imeasumreible(a,a a,i in:/e,against W ich actual achieverneo nt ccaro becalm red" It also remains consistent with the requniremenft„cccrrtairied in 2 C_F_R.. 2 301,„oruat the Division and the SUIC-Re ipuent'w,relate it nandial data Rip e,,,e manna allorre405huneats Of the Federal award" cg_ Ilf anthorized by iirtie Federal Awna,o!ing.1,gency,then iir:le(Division will ireiraiburse the Sub-Re i ient for overti a expenses in accordance with 2 C_!F_R_§2!0 0!_430 rea ,pensation personal services"))and 2 CaFR§200.4:3 1((`Co r r pensatio i nge ibeneflte)_ tithe.Ssigib-Rebipiient seeks reimbursement for(overtime expenses for periods when no work is performed due to vacation,ihdliday, illness,failure of the employer to provide sufficient work,or ether Si filar cause(see 29 MSC. §207(e)(2))).,then the DiViSion Will treat the expense as a fringe a<-nefi1 2 C`FIR.?§200.431(a)defines fringe benefits as allowances and services provided by employers to their.employees as compensation in addition to regular salariies and wages" Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law,Sub-Recipient-employee agreement,or an established;policy of the Sub-Recipient. 2 C_F_R_§200A31(b);provides that the cost of fringe benefits in the form Of regular compensation paid to employees during;periods of authorized absences from the job„ such as for annual(leave ifamily;related leave,sick leave,'holidays, court leave,Military leave, administrative leave,and,other similar benefits,are allowable if all of the following criteria are met: ii_ They are provided under established .written leave;policies; iii. The costs are equitably allocated to all related activities,including Federal awards;and, iiii. The accounting basis(cash or accrual))selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. lb. if authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 CFR.§200._474.. As required by the Reference Guide for State Expendiitures,reimbursement for travel must be in accordance with section 112.061, Florida Statutes,,which iincludes submission of the Claim on the approved state travel voucher_ If the Sub- Recipient seeks reimbursement bursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes($6 for breakfast,$11 for lunch,and$19 for dinner),then the Sub-Recipient must provide documentation that: iii- 'The nests are ireasonahle and do nOtiexceed ,,, -ly:a`lbwed iby ithe SifiltoRedipienitifinihits ui ,roperations.as a remit Stulb-Re sinient?s wititen itrava,ena;llicjyr,; 1:, m� (Perot ke r::11110111of tithe individual in the travel its ines a ry nc,a,the IF-(a,- I alkaaltit. ii_ The Dits7tsicnrs grant manager„as n uliiire I by section 2 115a:°,111(( (C))„Flirt i „ Strati!reconcile andv , -i+rfiundsIre ,- against all funds e';fio;:1 -(i;cd¢uirin, 1ifheg-ant ..,(0;rearnerrit; nm0 and I.e,,,ro„a uce a final irecenciliat oum re,a+0)i.). The tnaill impart t!mutt ii a. mini 'any'fuunds!paid lump exoess of the expenditures incurred by the Sulb'Repent As defined lby 2 C E,R_§ : n the iv 111ra 1unprrper I tm ',,, err'means or includes: ,Any lea, . ,,lent thettsbouilld(net lhav!e been!made ori>3:atitwas Irma mn aim line cemrectamo nt((including(overpa;'.I;.emits and tin oi",u(,-yrme,nts)01,1 offer 'ic iuudno,a;+ ccontredtual„ :.oiminist tive,or oil,.er aa. rrcabile requirements.;and, Any payment Ito en ineligible(party,any l®-ymen't :0,r an iinei ivaat,1e cv a),a,ro or sewing a any(dulplic ate payment,any payment fora good or serece not mega;;-' (exec,'i for such payments Where authorized by Ilan),any payment at does net account for credit for applicable discounts,and any paymentWhere insufficient or Ileckc of documentation prevents a renewer from discerning Whether a payment was proper. (10)RECORDS a. As required'by 2 C!F IR_§200_336,the Federal awarding agency,Inspectors General, the cCo r r,ptrdller General of theUnited States,and the'Division,(or any of their authorized representatives, Shall enjoy the(right of access to any documents,;papers,or other records of the Sub-Recipient which are ;pertinent to The Federal award,in order to make audits,examinations,,excerpts,and transcripts. The tight of access also includes timely and reasonable access to the Sub;Recipient's personnel for the purpose of ;interview and discussion related to such documents. Finally,the(right of access is not limited to the ;required retention period but(lasts as;long as the records are retained. b_ As required by 2 C_F_R_§200:331((a))('5),the?Division,the Chief ilnspector General of the State of Florida,the Florida Auditor General,or.any of their authorized representatives,.shall enjoy the (right of access to any documents,financial statements,papers,or other records of the Sub-Recipient which are pertinent to this Agreement in order to make audits,,examinations,excerpts,and transcripts. The fright of access also includes timely and reasonable access to the Sub-Recipients personnel for the ;purpose of iinterview.and discussion related to such documents. ents_ c. As required by Florida Department of State's record retention requirements(Chapter 119,,Florida Statutes)and by 2 C_F_R. §200.333;,the Sub-Recipient Shall retain sufficient records to show its compliance With the terms of this Agreement,as well as the compliance of all subcontractors or consultants paid from funds under this Agreement,for a period of five i(5,)years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5)year requirement: 6 ii.. It any Ill igatron„dla rri„or audit lies Slated before the eViration off the 54ear pericti,,thenthe,records,must'1beretained until.al!IIlitiigati�rra olaar s„,oraudf findings itrfvf llVfrlg:the records have been,rest,,eta,and lir&action taken_ When the it: ition or.the Sub-Re ie it ifs notified in writing by tine Federal awarding agency,cognizant-. ency for audit(oversight agencyforaudit, («a 6,ITT ii¢af2ilt agency for iindlirett costs or pass4hrough tio,r Ito eartend the m.ateiition peiiod_ q.,, Rfu,_,�j,,,, Records rds for meal I;o i,�o•perty and equipment er t a ottriired h Federal funds imnuust be'retained for5 years after final diSio;l0%t.. 11 o/n_ iv_ When records are transferred i i,0 or,rifaintained by:hf i e:F-Q wall awarding agency,opr pass-through era ii i toe 5-year retention iregUiremerfi t is not applicable to the Su b--RedIpftnt_ v_ Records i or;lei! 0 0 ram income tsansactuons after the period Of;performance. in some cases recipients roust report pi:+o Dram income after the period of;.performance_ Where there is with a reqt9irernerat,the retention period for'tie recto s pertaining ito the earning ing of iE e program income Marts from the end of the.non-Federal entiit 's fiscal year in wihich the program income is earned_ :Indirect cost irate proposals and cost allocations;plans_ This iparagrapt applies to the following types of documents and their supporting records: indirect cost rate compilations or proposals,;cost allocation;plans,,and any sirriilar accounting co potations of the rate at Which a !particular group of coats is chargeable(such as'co n i pater usage thargeback rates or composite fringe benefit bates). d. in accordance with 2 C_FJR. §200.334,the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient*hen it determines that the records possess long-term retention value. e. In accordance•with 2 C.F.R.§200.335„the Division must always provide or accept ;paper versions of Agreement information to and from the Sub-Recipient upon request If paper copies are submitted,then the Division must not require more than an(original and two copies. When original records are electronic and cannot be altered,there is no need to create and retain paper copies. When original records are paper,electronic versions may be substituted through the use of duplication or either forms s of,electronic media provided that they are subject to periodic quality control reviews,provide reasonable safeguards against alteration,and remain readable. f As required by 2 C.F.R.§200.303„the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub;Recipient considers sensitive consistent with applicable Federal, state,local,and tribal laws regarding privacy and obligations of confidentiality_ g. Florida's Government in the Sunshine'Law(Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1)meetings of public'boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given;and,(3)(minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to 7 bring ithet entity Within the ambit cif the open government reqUirernents. HoWaYer,,the Govrennrrnernt iin the Saunetiiine It1_aew eppties,L e private;enititi that pnoVide services to governmental egen tim and h at act ern behalf&those agandiESiiirnthe ag ur "performance of .irj#ouitilic duties.. iilffal nwiiblit:.P,g Briny delegates the!go arformeru Of its!patio to a private ert ii,,n them'KC tt19 eAtenitt that pirate entity performing that public pm (ow:;„the Govrernirnemit iara ir:,e Sunth "L ,o,;a),ilie& For ear:33mm „if a VdittiniftelIT ine department proVidestitirefghtting:serv7ic es'Ivo,a,o ovemnnnentail emiti'.y and uses facilities and equipment tpaurthas l; pubic ifunrds„Men Ilth; Government iin the'Saunthii ne LaanU,..p dies to board ofdiinectors'i o,r >etvdllumiteer as--IC.: Ir,1•:I1i, (thus.tto the extent that the Governrerntiin the Sonatina law,...,o,o,toesto the Sub-Rediipient based tri mien the e finds pad sunder this"°;greemnent;,the meetings&tihe Sul— R;ve.i,nertts'o waitingI io„m i,4'or the imeetings of any stiboomnittee melting;reo&Urim rnendatt onss to the governiing board may be suitjedt tto e,;o><-°:government n rnent requirements_ These meetings slhatt I;e,r'ipluitnlidly noticed,open to'1,a publlilc.and tits a Minutes ea. imeetings Shall I puitn!lic records,available to the static in zoomJe amine:win, ;Cha;o,ler lien!Florida Statutes_ tn_ Florida's Public Records Law!provides a fright of access Goof Itne records(cif urn,a state and!local governments as wen as'!o,private entities acting on their(behalf_ Unless specifically(exempted from,disclosure by the Legislature,.all materials made or received by a governmental agency(or a private entity acting on ibehelf of such an agency)in conjunction With official business Which are used to perpetuate,communicate,or.formaile IknoWledge qualify as putiiic records.subject to public!inspection_ The mere receipt of public funds by a private entity,Standing-alone,is insufifacient to bring•r r,at entity Within :g.,e ambit of the;public record requirements. However,When a public entity delegates a;pudic function to a private entity,the records generated by the private entity's performance of that duty become public records_ Thus,the nature and scope Of the services provided by a private entity determine Whether that entity is acting on!behalf of,a;public agency and is therefore subject to the requirements of!Florida's Public Records Law. i. The Sub-Recipient shall maintain ell records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement,including ,documentation of all program costs,iin a formsufficient to determine compliance'with the requirements �ents 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 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4.156, Records@em.myflorida,com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a The Sub-Recipient shall comply with the audit requirements contained in 2 Part 200, Subpart F. 8 lb.. In Ecayarriting for the receipt and evenclituire of fends lunderttnis.Agreement the S!ui RezaipieratS'.h 111 litclnow(Gemara tly Aszp I,Avroutibumg Plaim iipl rt '1).. As defined by 2(C_F IR.. ,�,,,,����r,!�°{;{;„r+ -�.i",t,'"`h s 11li 'meaning.spa:,,ice,red'iuQu accosting�,,�AmountingStandards issued!by the Go nminm rri[t .17' 1JJ'lF311 i a SIC:�,140i a110J1s 3';10)..,,,,(,0,,,((,(,,,,Gp�,,TSB)and the g,,µFinan a l:0q�1i7g1 ountlhllu,,,,y tui(o Ai;(((,°,�Ii,,A,,S`;yn c. 1 �LLUL'HI:IfiWQ��rJ.:ting an audit the Su b R eratiS peg=.l (0), l;'t 'Hi"order this/greame.nik, ,f�tie Divigen' �ftiell[lmec fteray " I Govemmemtikudumumg Standards C GAS" _ ;As defined by 2 ! §2irlrr)511,„GAGAS,„'mse knovzi Ese elimw icitk,sineans ge eutp14, 40wenninenit auuliftiimm standards[issued by the Cerraa,in,o,ller Geeoerall of is.le Uniilted Staten,Whidn are matte to financial audits!' d_ [Um audit Shows.Ut l at all or any portion of the funds disbursed\were imidt spent in accordance ,r'ior, the conditions ofi Tills Agreement the S b-Reci0;11.1ri IhlalllbeIheldlfa it 'reimbursement to the Iirjivision of all funds root spent in accordance With these a;0 of i&cable regaiittkiliS and Creme,,I provi sBane within ur i!irry days after the DiiviSion has inaii ed'MO Sub=i", "i6;i of i.r it of s 'non- compliance_ ,e_ The Sub-Recipierit Shall have all audits completed Wy an independent auditor,\onhich is defined in motion 215 9rt(4i4(i),Florida Statutes,as'an inde,penderitoetfified public accountant licensed under Chapter 473' The independent auditor Shall state that the audit complied With the applicable provisions noted above_ The e audit[must be received by the Division no!later than mine'man ir,:s from the end of the Sub-Recipients fiscal year. f_ The,Sub-Recipient Shall send copies of(reporting packages for audits conducted in accordance'With 2 IC.FJR_;Part 200„by or on behalf of the Sub-Recipient to the ID.itiision at the following address: DEMSingle Audit@emmyllorida.com OR Office of the inspector General 255'5 Shumard Oak Boulevard Tallahassee„Florida 32399 21i00 g. The Sub-Recipient Shall send the Single Audit reporting(package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at Ihttp:/lharvester_(census_rgovIfactoollectiddeindex_Ihtml Ih_ The Sub-Recipient:shall send any management letter issued by the auditor to the Division at the following address: DEMSingle Audit@em_myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS 9 cConsisteritWith 2 tCF.R_§2 }a.:322„the SuibiRedipient shall.iproVide the DhAisr n with '¢tu rfly a _ e and a Clase<nlrt report lltale ireports Shall iindlaurde the current Stets and;progress'by the Sab-RedgiBrritt and ail a,«o, ittac!tors ii corraPlietiar Enemata( (a 'o),=10; the Scope cif fflatkc and the ceeerndiiture of funds'under /igreemenitt,in addiifion to any Other imnfoinnrn•ri'ri naquetted by the Division_ b_ ,ipi r 1,1.;.i,_ iy'reports are due to the IDiiniisiimii a!later than 311Vdays after the end of eadh "Trager cif the e program year and Shalt bB send each quarter mild.swiburrission unf nti,;-adnanirriirs to adose- tn c-al 0 s The ending dates for earth qanariler off the pi,o+o,ram year are Septerriberm De ember::3 , Werth ail and june:3a cc_ The dose-oait report is dupe,ao(o'days after tervininefon of'cia i is Agreernenitor 60 days after pietuon c,0:a the aclovilies contained in this„'°:'creement Whithevrerifirst cogs_ d_ If a rewired worts a1'per o13,0;es are net sent ti n!,e cor are:mat completed in a manner acceptable tot e Diivision,then the Division'may Withhold further payments'until they are completed on may 'ke Otheraction as Stated iin Paragraph(16)'REMEDIES_ "Acceptable to the DiVitiorr means that the work product•was completed in accordance With the Budget and Scope of Wort_ e. The e Sub Recipient shall provide additional program'updates or information that may be irequired by the e Division. f. The Sub-Recipient shall provide additional.reports and iinfo u r n ation identified in Quarterly Reports((Attachment D)_ ((1:8))IVIONI a 'ORING. a. The alb-Recipient shall monitor its performance under this,Agreement,as well as that of its subcontractors;and/or consultants Who are paid from funds provided sunder this Agreement,to ensure that time e schedules are being met,the Schedule of Deliverables and Scope of Worik are being accomplished Within the specified time periods,and other performance goals are being achieved. A preview shall be done for each function or activity in the Budget(Attach entA))and Scope of Work (Attachment!B)to this Agreement, and reported in Quarterly Reports(Attachment D). b. In addition to reviews of audits,imonitonng procedures may include,but:not be limited to,on-Site visits by Division staff,limited scope audits,and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. in the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate,the Sub-Recipient agrees to comply With any additional instructions provided by the Division to the Sub-Recipient regarding such audit The Sub-Recipient further agrees to comply and cooperate with any iinspections„'reviews„ investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition,the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. ;(14.;;)L'IABILITY a Uniless Sub-Recipient is a State agency or subdivision,as defined in section 768.2.8(21 Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out 10 the terms cif this Agrearm rnt;as edit i rued Iby section 7163..28((111.)),Florida Mutes„Sou` -Ra ipient shell ita'ld the Milt:ion harmless against all dlaims of txhatevermaturxe by thiird parties.arsing tom thiis'work perforirnarroe under this A 711ent. forlm. i0)04.1,,-(t lithiisAo, -"s:, i.:.,:ii ` ui erit agrees theta ilkIl Ot an employee or agenit Hof the Dhiisiion„lbart is an independent contactor_ b_ 1—6&rr d by section 7. 2rz:(i ))n Florida'S ittesn any Sulb-Re4derritteriith is a State agency cor sub i((isiiorii„:as defined in section a,;a;2 (( )),Ronda Stabiles,mg=to be!lfwillly 'responsible for its Gag c snit GT tot!tiiouis ads or ormissions Which iaesultt ion Claims or suits against the Dia ion„and agrees to be table for any d -Map es Iprokimately caused by a actsDT ornssitons to the eXtent set,,61; in Sedition 7o4: ia,.,Honda Stabiles. Nothing'herein is inn:-nded to serve as a waiver,of sovereign;iirnmuraity by any Sub-Re paent to ); ado sovereign immunity applies_ Neltaing herein Slhall be centtrued as consent by a stale agency or su,0, a:State Hof Florida to be:sued by third parties in any(matter arising out of any contratit (1151DEF,AULT if any of u a following events occur('"Events of Defadllr),all obligations on 01,.a part of a Division to make further rther payment of ffunds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph(116);however,the Division may make payments or partial payments after any Events of Default without waiving the'eight to exercise such remedies,and without:becoming (liable to make any further payment it a. Any warranty or,representation made by the Sub-Recipient in this Agreement or any ;previous agreement with the Division is or!becomes false or Mitleading in any respect,or if the Sub- IRecipient fails to keep or performany of the e Obligations,terms or covenants in this Agreement or any ;previous agreement'.With the Division and has not cured them in timely fashion,or is unable or unwilling to meet its Obligations under this Agreement b_ Material adverse changes occur in the financial condition Of the Sub-Recipient at any time during the term of this Agreement,and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect,incomplete or insufficient information;or d_ The Sub-Recipient has flailed to perform and complete on time any of its obligations under this Agreement. (116))REMEDIES_ if an Event of Default occurs,then the Division shall,after thirty calendar days written notice to the'Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies,either concurrently or consecutively: a Terminate this Agreement,provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice Shall be,effective When placed in the United States.,first class mail, postage prepaid, by registered or certified maikreturn receipt requested,to the address in.paragraph(3)herein; 11 ib.. Beglin an.a;p;pAwpriate legal,nor equitable a>rtion r Iparformance,ofdais Agreement .. ' iitltiithx tdcarspa,' payment c ifHIVcorany panes rapist I for payneini ; -to uuiutethat the dub-Retipienit refund ito the DiViitirEll any morillas used icor Matigible purposes under the taws imules and regullations governing the use of these kinds_ e_ Exert arse any coned rive cor rem;:- hall actions„,(n,iindlude bait r t I Illirmiiited,uo it. Requuestadditenal information : o;m)11 e Saila-Recipient Noe determine the reasons for air the emit of inen4Dorruro lianceer I9atk di el— I 0, ance, E. Issue:a\written warning to advisse that more serums measures may be taken if the situation is not correoted, EFL Advise daiise the Snit-Recipier it to suspend,discontinue GT refrain from incurring roosts for,any arches iin question or N12_ R-,a;tire 1'h a Sub-Recipient ito ireirriburse the Division for"h a amount cif costs incurred for any iitems determined p be ineligible; ff_ Exercise any(other rights or remedies which may be available under law. Pursuing any of the above remedies Will not stop the Division from pursuing any other remedies in this Agreement or provided at(law or in equity_ If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient,it will not affec#,extend or waive any Other tight or remedy of the e Division,or affect the later exercise of the same right or.remedy by the Division for any Other default by the Sub-Recipient_ (17)TERMINATION. a The Division may terrninate this Agreement for cause after thirty days written,notice_ Cause can include misuse llof funds,fraud,hack of compliance with applicable Mies,laws and regulations, failure to perform on time,and refusal by the Sub-Recipient to permit public access to any document, paper,letter,or other material subject to disclosure under Chapter 119„.Florida Statutes,as amended. b_ The Division may terminate this Agreement for convenience or when it determines, its sole discretion,that continuing the Agreement would not produce(beneficial results in line With the rther expenditure of funds,by providing the Sub-Recipient with thirty calendar days prior wriitten notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for}proper,closeout of the Agreement d_ In the event that this Agreement ent its terrninated,the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-.Recipient has received the notification of termination. The Sub-Recipient Will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will'be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of.any'breach of Agreement by the Sub-Recipient The Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. 12 (0113))PROCUREIVIEf a The.Suib,Refipierit stall ensure that any,procurementkw:ll iung funds au horned by e,Agreernenit:oomplies With,ail]applicablefederal antssmote!tawsandaraeguillaltions,,toiiindlude2CFJIR. §§21a31113 tlttaruuku lh 201326 as well as, peradiix Ill i+aa,2 CJF_R.Part 2 ((entitled"tContratt liRantitirms for erall Emthity Contracts Under Federal Awards1. lb_ As required by 2{CJFR:§2003116(i),the,Smib-Reraip,ieant Shall'"immairdtaiin areeomts suiffitient e(det jil the history cif!procurement These Ir rds'wull iindlu e,Ibult are not inecessarity Inn-lit-o, to the framing: irationale for the,rraetho t of procurement,.selection of erntract'u;�;o—,car trattorsdex ton or!rr on,arad the iltnRLas for the,contratt ipnce: c. As rrertuired'by 2 C F JR_§2 6.31-8(b),the Sttb-ReCipient ill"maintain oversight to ensure 61 at.00ntractors(perform in accordance with the terms,cond,'.nro raS,and:ape cations of their contracts Cr;;to 'nthase orders: in order to demonstrate compliance With ii is!requirement the Sub- Recipient shall,document,iin its quarterly report to the Division.,the progress cif any and all suie WO nta`air ors perfonaii py work under this Agreement d_ Except for procurements by Irnicro-purchases pursuant to 2 C FR.§200.320(a)or procurements by small,purchase procedures pursuant to 2 C_F R_'§200320(h),if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the,SubRedi,pient shall forward to the Division a toopy of any:solicitation((Whether competitive or non-competitive)at(least fifteen (15)days prior to the publication or communication Of the solicitation. The Division shall review t h e solicitation and;provide comments,if any,to the Sub-Recipient Within three i(3j)(business days. (Consistent with 2 C.F.R.:§200_324.,the Division`vsiill review the solicitation for corripliance with the procurement standards outlined in 2 CJF.R..§§200.318 through 200..326 as well as Appendix II to 2 C.F.R.Part 200. Consistent with 2 C_iF_R.§200_318(k),the!Division will not substitute its judgment for that of the Sub- Recipient While the Sub-Recipient:does not need the approval of the Division in order to publish a competitive solicitation,this review may allow the Division to'identify deficiencies in the vendor requirements or in the commodity or service:specifications. The!Division's review and comments shall not ,constitute,an approval Of the solicitation. Regardless of the Division's review,the Sub-Recipient remains bound by all applicable(laws,regulations,and agreement terms. If during its review the(Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three(3)'business day window outlined above. If the Sub-Recipient publishes-a competitive solicitation after receiving comments from the Division that the solicitation is deficient,then the Division may: ii. Terminate this Agreement in accordance with the;provisions'outlined in paragraph(17)above;and., iii. Refuse to reimburse the Sub-Recipient for any costs associated'with that solicitation. a Except for procurements by micro-purchases pursuant to 2'C_F..R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient 13 (Chooses to subcontract any cif the work r,equrreu sunder thisAgreement then;the Stib-RecCpierdShatEl forward rd to the ID1isiirSton.a copy Of.any CDntennplaterl or ntract prior to ODntract ex r I oan_ The lalfationstnail it iesvllhte ei axeculted corulu l and p ide comments,iifarrry„tte tttne Suib-Redipient Within ur.ree(3)) I inps�days_ Corsi tenitWit 2 iC _R_§2011.324n theilalVigon\ua iIJ meVie rr the tunexecutted tiellttrattliDT comdianceigth lf&ne procurernerd standards ouitlirr-0,in 2 C.F.R.:§ , 3 _3 il.is through:288225 as\well as i',10penditx 111 to 2 CJFJR_1 Paiit'2BfL (Consistent wan 2 C..F_R_ 0.314:(14,the EIMSion Will Inuit vita) 'iu n e its judgment for that,ofiii{oe Sub-Recipient While the Sub Recipiientdoes mit need oe,eapproval rof'id,e Diia1snon iin 0'er r.,o,execute a subcorotract this review may allow the Division'i o,identify ify deBeienc ies in the terms and Condiilens fof l r e subcontract as'well as deficiencies iiin the;procurement;process that(led to the subcontract. The e Divisiores review and comments shell nntconetitite an approval of the subccnlrea R:- 1,e,less the Divisions review, ,a,a Sub-Recipient remains mound by all applicable laws,'regulations, and agreement terms. Uttering its review the Division identifies any deficiendies,then the Division shall communicate those'deficiencies Ito the Sub-Recipient as,quirkily as;possible\Within the three(3)business day\Window(outlined above. tithe h e Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is!non-compliant then the iDivision may: ii. Terminate this Agreement in accordance With the(provisions'outlined in paragraph(17)above;and, iii. Refuse to reimburse the Sub;Recipient for any costs associated\With that subcontract f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is 'bound by the terms of this Agreement,{iii)the subcontractor is'bound by all applicable state and federal laws and regulations, and(iii)the subcontractor shall hold the Division and Sub-Recipient iharrriless against al[clai s of Whatever nature arising out of the subcontractor's performance cif work under this Agreement,to the extent allowed and required by law. g_ As required by 2 C.F.R. §200.318(c),(1),the Sub-Recipient.shall"maintain'written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection„award and ad n iinistration of contracts." • Ih. As required by 2 C.F.R.§200.31.9(4 the Sub-Recipient shall conduct any procurement under this agreement'"iin a manner providing full and open competition." .Accordingly,the Sub-Recipient Shall net: ii. Place unreasonable requirements on firms s in order for them to qualify to do business; ii. ;Require unnecessary experience or excessive bonding; iii. Use,noncompetitive pricing practices between firms or'between affiliated companies; iv. Execute noncompetitive contracts to consultants that are Ion:retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; 14 Specify only a(brand name produdwifitocuit alloWing>Yrendurrs fDofferan equivalent; kmL Specify/E1 ;an arrarne ITr iur tii Iti'(�.: oftbsdrums e iigetburnar n RBEI11ien c,t,err eYa trequiremets that ipatafin it,MI1I.IIIlclt4ijYSTser ce 1 to ttjtihe Ip�� 11 \Va. Engage in any arbitrary: pion during the procurementpro ;oar ix. AllOViln a vendor'to bird on a centred if uii 1 at(bidder was iinvdlvefl with developing(ordra ng'Nue s i, s„requiremenits,statemerit(ofworik iindtailion to halt oT req uestfor i_!PMPasEils- 1E3xcept in those cases applicable}Federal Statutesexpressly mandate or encourage'OthenMse,Ira 1e:Suib-Recupuent, IrEquilired by2 GCJFJR_§21 0.319(b),shall inot use a geographici,a:.:- - 1ce\When procuring commoddies(orservices under-this i:greernent_ ig. The Sub-Recipient Shall conduct any procurement ent iinvdl ing invitations to bid -e_ sealed!bids,)in accordance With 2 C-F R.pc .3240 as wall as sermon 287 JO5711)(a),Florida Statutes. !k_ The Sub-Recipierit shall conduct any procurement iinvdlVing[requests for proposals (Le_(competitive!proposals))in accordance with 2 C.F.R.?§20(13201 )as well as section 287_0 (3)(b), Florida Statutes. II_ For each subcontract,the Sub-Recipient:shall(provide a written statement to the (Division as toWhether that subcontractor is a minority(business enterprise,as defined in Section 288.703, Honda Statutes. Additionally,the Sub-Recipient Shall comply With The requirements of 2 C_F R.§200.321 ((dlContracting With:small and Minority businesses,'womerfs!business enterprises,and labor surplus area firms)). (19)ATCACHMENTS a All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the.attachments,the language of the attachments Shall(contra(,but only to the extent of the'conflict or inconsistency_ c. This:Agreement has the following attachments: i.. . Exhibit'I -Funding Sources iii. Attachment A—Proposed Program Budget Detail'Worksheet iii. Attachment B—Scope of Work iv. Attachment C—Allowable Costs and(Eligible Activities v.. Attachment D—Quarterly(Reports Zvi. Attachment E—Justirti:cation of Advance Payment Vii. Attachment F— Certification Regarding Debarment viii. Attachment G—Warranties and Representations ix. Attachment H—Statement of Assurances x. Attachment I—Mandatory Contract Provisions is (((aDPAYMENTS a Any a ioamm(payment( under this Agreement iis:s bj iwo,2C.;F.R. 00:3 and„;as Sir lei sett-ion 2 u 5_11311(11 ?),,Florida Statutes. Affil advances are 17 uuirad to be bald Turn an - Ibearing account if an advance Ipayrnerit its requested,1111.1a budget data(on'nit iith the a ueslt iin!based and a jaustiification:stateTnamit Shell be included in Oils i greement as% s nQmeriit E_ 31111s fir> iron off^,,o,\ ,p • (Attathment ,wall speclify the amount Off,-.Thence payment(needed;and;pro6ide an explenation cif the necessity for and prp;Q a .- (use,of these funds_ No advance than! e a t-i0,for;processfrng iiif a !reimbursement has been;paid prior to'iii:resuihntiirr-:l rof;a Irequuest tor arikanced!payment. After the iiritel advance,if any,,payment Shall be made on a reimbursement tinnin as!needed_ b_ Invoices Shall be!suibrnitted at least quarterly and Shall include the sup o)o ;Ii,,g docaurrueritation for all costs¢f e;o het or sewiaes. The iTinal invoice:shall'io-subrmiitted Wain thirty(33) days after the expiration date of the agreement An.explanation Of any circumstances prohibiting the subrniltal of quarterly iinvoices shall be suibrnitted to the(Division grant manager as Inert of ir,In Sub- Recipienf'.s quarterly!reporting as referenced in!Paragraph(12)of this Agreement c_ If the necessary funds are inot available to fund this Agreement as a!resat of action by the!United States Congress,the federal Office of(Management and Budgeting,the State Chief ,Financial Officer or under subparagraph;(9i)b.of this Agreement,all obligations on the part of the Division to make any further payment of funds shall terminate,and the Sub-Recipient shall submit its:closeout report,wiithin thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to'be made payable to The order of"Division of Emergency!Manage enf„and mailed directly to the following address: Division Of Emergency Management Cashier 25'55 Shu r n and Oak!Boulevard Tallahassee IFIL:32399 2100 b_ in accordance with Section 21(5..34(21(Florida Statutes,if a check or other,draft is returned to the Division for.collection„Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned(check tor draft,wrlhidhever is greater. (22)MANDATED CONDITIONS a The validity of this Agreement its subject to the truth and accuracy of all the information,representations„and materiels submitted or,provided by the Sub-Recipient in this Agreement, in any'later submission or response to a Division request,or in any submission or response to fulfill the requirements of this Agreement All of said information,representations,and materials are incorporated by reference_ The inaccuracy of the submissions or any material changes shall,at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient 1,6 b_ _u uhiis Agrearneritt s'fiaTI be cranetrued uurade.r the lieu's of the State t Fibrirda and venue for any atfons ar Grog m+urt,e this Agreement c exit s!he''ll be in the Cireiuirt Court of Lunn _ IOf.any Iprofrsiimn of this Agreement its iin cotFrtt\ fh any applicable statute er Irian or is iuraen tle„Item the proVition Shell ibe mill and rilIto the e)dteratt ofifi c¢amntlid„and:shell be severable I1b';uift Shall mit ittrn>vallidette any Other Ipro'aAiron of this Agreement. c_ Any(power -pprovell or disapproval grant,4.i i the iDimition luunder the terms of this s .Agreerrmentsha survive the term clip, is Agreement d_ The Suit-Re ierat agrees to coonipily With the Americans With tDisa illi Ac ( blic taw 101--336,42 U.S.C_,Section 12101 Et.sem.),Vidth;prohibits discrimination by;mt iiblfncand entities on:on the'basis of disabil'n:';in employment,public aceornmodatiions,trans;o,o) i ir,a,n,Smote and(lord e;o verrnment sser ces and telOOmmrnursucattions. e_ Those Who(have been placed on the convicted vendor(list toltowing a conviction for a paibtic entity crime or on n' a discriminatory\vendor Foust may notsubmits bid on a contraatto,lcro ide any goods or services to a publlic:entity,may not submit a bid on a contract with a public:enitli,,;.for ce construction or ropair of a pubic building or;putilic work,may not submit bids on leases Of areal property to a;public entity,may not'be awarded or perform work as a contractor,supplier,subcontractor;,or consultant under a contract With a Ipubhc,entity,and may not tensed business With any public,entity in excess of$26000!130 fora period of 36(months from the date of being placed on the convicted vendor(list or on the discriminatory vendor(list_ f. Any Sub'Recipient which is not a local government or state agency,and*bleb receives funds under this Agreement from the federal government,,certifies,to the best,of its!kno*iedge 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 ent or agency; ii. Have not,Within a five=year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense iin connection With obtaining, attempting to obtain,or performing a Ipu'blic(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; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or(local)With commission of any offenses enumerated in paragraph (22)t IL of this certification;and, 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. g. If the Sub-Recipient is'unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement h. In addition,the Sub=Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment,Suspension, 17 Ineligibility.And Voluratery Exclusion's lAilachment F)for each intended:subcontractor wbi3th Sub- Recipient ptnnt to fund under this Agreement lie for must be received by the Dilation before the Stab-Ret%p5antenters into a contract with any subcontractor.. ctor iii. The hFe IlD n!reserves the eight to unilaterally(camel this.,tgneernernt iuff the Stib- Re i i eiii1t i>r urn .,llGmvn!public arcirmsto allh1 dodume ,, o'...TS !letters or tier material sated No 14I e jry noms Of Chapter 11 ,Halide` t i(tes„,vn hiz thu the Sub;Ret ipieirot 4211StitiEdi or to sued under this ,,",streernemit. Ilf the Su Recipient is lnwed to temporarily Myatt any advances of funds under r.1 us Agmeerned,any inittrmt income Shall either be'returned to ir,f a Diviisiion'or[be a;o!;oiled against the DiVitiores(obligation to(pay the contract amount_ lc e Stile of(Florida will,runt intentionally away.,®,;pu;oi-iItptund-ie,contatts to any cantradorvift(knowingly employs unauthorized alien workers,constitating a tvinlatimn cif ar,e employment provisions n rained in 3 ilJ._S.C.Section i324a(e)1Sec5on 274 (e)of a,,e Immigration and Nationality Act (1INA")]. The Division shall consider the employment by any fcontracttor of iunau r ilmrized Miens a Vitiation of Section 274A,(e)of the IINA. Such\rolafion by the Sub-Recipient of:rile employment provisions contained in Section 274A(e)Of the IINA shall be grounds for[unilateral cancellation of this Agreement by the Division. I_ Section 287 i05805,:Florida Statutes,'requires that.any state funds(provided for the ;purchase of or iimprovements to areal,property are contingent upon the.contractor.or jpolifcal subdivision granting to the state a security interest in the property at least to the amount ount 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 iin. The Division may,at its option.,terminate the Contract if the Contractor is found to have stibniitted a false certification as;provided under section 287135(5),FS.,,or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies,panies with Activities iin 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. (23)LOBBYING IPROH'IBITI.O:N a. 2 C.IF_IR.'200.45O prohibits reimbursement for costs associated with certain(lobbying activities. b. Section 216.347,,Florida Statutes, ,prohibits any,disbursement of grants and aids appropriations pursuant to a contract or grant to any,person or organization unless the terms of the grant or contract prohibit the;e>penditure of funds for the,pur:,pose of lobbying the Legislature,the judicial branch,,or a state agency:" c. No funds or other resources received from the Division'.under this Agreement may be used directly or indirectly to influence(legislation or any other official action by the Florida Legislature or any state agency_ 18 "The'Sub-Fiebipienit certifies,by its Signeture to this Agreement,'that to the b l,af his Or her iluiaziledge and belie i9go Federal appropriated 1' a•.IIhave(been paid or c ;be paiti,by or COI !behalf ettlihe;Sunb!R pine t„ iuto any person ri niflllu ink iiunlfuuenoe Offiderr r enmplmyeetof any agency„a NenmberHofccopgress,an officer cremployee Of Congress reran employee of a I ernbercofcoongressiin corinettion\Wiltaa,ie awarding(Tiffany IFederallc onibatt,'i�ci+e!making&any Fc�co eral rye;rant,the imnaking Of any Federal(loan,the entering into«m 1 any cooperative;agreemen ,and the extension,l¢amra inr o cation, renewal,amendment cor imru co4ification Of any Federal centred,grant,'loan rer !low ei;ei�i..:111.i/e agrr erne nt iii_ If any funds other than Federal a o;a 1,e,,pniated ftrnds have bean paid rermal be Oki to any i=o a n for iinitluenrr ng orattan i7 ng to influence an d r!i oer per emm iloyee cof,any aged a (Member ref(Congress,an,officer or enn o' oyee,of Congress,or an employee(of a erber of Congress in connect e n\with this Federal contract„grants(loan or,cooperaltive agreements the Sub-Recipient ill complete and:submit Standard Foam-LLL,'disclosure ref Lohb ing AcliVities7 The Sub-Recipient shall require that at his certification be included in the award documents for all subavrards(including subcontracts,suhgrarits,and contracts under grants, (loans,and cooperative agreements)and that all Sub-Recipients Shall icedify and disclose_ iv. This certification is a material representation Of fact upon,viihich reliance was placed'when this transaction was made or entered into. 'Submission Of this certification is a prerequisite for imaking or entering into this transaction iimposed by Section 1352,Title 311„U.S. Code. Any person Who fails to ffile the required certification shall be subject to a ChM penalty of not(less than$10 000 and not more than;$100,0000 for,each such failure. (24)COP'r1RIGHT,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;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF'FLORIDA. a. If the Sub-.Recipient has a;pre-existing patent Dr copyright,the Sub-Recipient shall retain all frights and entitlements to that pre-existing patent or copyright unless the Agreement provides ,otherwise. Ib.. 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'Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection With the performance of this Agreement are reserved to the State of Florida. If any books, manuals,films,nor ,other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in 19 connection With the performance under this Agreement are transferred'b_y the:Su:b-Recipient to the State Of Florida ;_ Binh)thirty days of execution Off this Agreement,,the Suf Redipiemit Shell«6). 44;I e:-.-a ill iintellectual iprpperdies relating to the!performance of this Agreement\Whin he con stae knows r rouiU� Ikenow could jive If se to a; s tor(o pyrmglht The Sa ilb Reti piemt shad o in:allil tights and enttilements «e, any ipre-etiSting intellledutiall property Agittith iiis(disclosed_ iFariilure (disclose indicate that no such Iprppetty e _ The Division small then,under IRamagra;o;,1((24)b,have the+ra ht to all patents and copyrights Which aoWrue during!performance of the"a,:greement_ d_ if the Sub4tecgpient qualifies.as,a State univeaeity under Friona flaw,then.pursuant to section 111X3423,Florida Statutes,any invention conceived exdusively by the employees&the Sub- Recipient shell become the sole!prppeaty of the Sul Recipiernt in the case of i riirat inventions„that is inventions made jointly by one or more employees Of both patties hereto,eatUa patty shall have am equal, undie ded(interest in and to such joint inventions. The IDiVision shall(retain a perpetual,irrevocable,fully- paid,nonexclusive license,for its use and the use(6,1 its(contractors of any Tesa Ting patented,copyrighted or(trademarked work products,developed solely by the Sub-Recipient,under this Agreement,for Florida government purposes. (25)'LEGAL AUTHORIZATION The Sub=Recipient certifies.that it has the legal authority to receive the funds under this Agreement and that its governing body has aurthorized the execution and acce,ptance of this Agreement_ The Sub- Recipient also:certifies that the e undersigned person has The-authority to legally,execute and bind Sub- Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R.§60-1_4(b),the Sub-Recipient':hereby agrees that it Will incorporate or cause to be incorporated into any contract for const r u ction work,or modification thereof,as defined in the regulations of the Secretary of Labor at 41!CFR Chapter 60.,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,contract,loan,insurance,or guarantee,or undertaken pursuant to any Federal program involving such grant,contract,loan,insurance,or guarantee,the following equal opportunity,clause: During the performance of this contract, the.contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race,icOlor,religion,sex,sexual ,orientation, gender identity,or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color,religion,sex,sexual,orientation,,gender identity.,or national origin_ Such action shall include, but not'be limited to the following: Employment, upgrading, demotion,or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, (including apprenticeship. The 20 (eantraotor agrees to posit in conspicuous places„available to employees and applicants for remploysnerit, notices to be provided itng:forth the ;pre ions{cif this roan n trili ation(clause_ ur_ The Crritartirtilla,Ern 111EilliillidittaitimS coT advarifseririlENTitt for ermptyeesigtlacedIlby won I fualffofcir ac ontrarrion, Bai Vat all pauaflifiie�l applicants% l ireCifNE conaid_erations foT enriplimyinrier it ftknouit legard to rae%cnitmr,;,TJG1ion sex„sexual orientation„!gender ildenti is y,,,or national(origin_ icon_ The{cor itraa loan ill snot(discharge or ion any dig ler manner ninon-6r against any ernployee or applicant for,{employmnent because swab employee or ap,o;ant has iingUOred about,{diiscusse ,or oscllo the coni pensat ion of the employee or applicant or-anio tri.1 er erir eyee or a,opficarrt. This pro ion Shall not apply to instances iirn Bi hidt an employee\Who has access to t;-comrripensatoon infonnatian of is tier employees or applicants as a;part Of such employees essential jpoh functions{discloses the compensation of such other employees or applicants to iindiVT a;uals who do!not(otherwise have access to such information,[unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the ernployern or is c onaistent With the contractors(legal duly to furnish information_ iv. The contractor Will send to each labor union or representative of workers with,Which he has a(collective bargaining agreement or other contractor'understanding,a notice to be provided advising the said labor union or workers'representatives Of the,contractors commitments under this section,and Shall;post copies Of the notice in conspicuous places available to employees and applicants for employment v. The:contractor will,co ,ply With all provisions of Executive Order 11246 Of Septe r n ber 24, 1965,and of the mules,regulations,and relevant orders of the e Secretary Of Labor. vi. The(contractor willfurriiSh all information and reports required by Executive Order 11246 of September 24., 1965„ and by ruies, regulations,and orders Of the Secretary of Labor,or pursuant thereto, and Will permit access to his(books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain{co piiance with such rules,regulations,and orders. vii. In the event of the contractors noncompliance with the nondiscrimination clauses,of this contractor with any of the said rules, regulations,or orders,this contract may be canceled,terminated, or suspended in Whole or in part and thecontractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11.246 of Se,Pte ber 24,, 1965„ and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,, 1.965,or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law_ viii_ The contractor will include the portion of the sentence immediately preceding;paragrap'h(1)and the provisions of paragraphs 21 417))through TB)):in every subcontract ortpurthase order'aanlless exerrn(.i`teil by inuilles„ ulletirorns„or orders iethe Secretary,cif(Labor issued;pursuant tiosettion 204 d Ixeouitive Order 1111248 iof:September 24,, a „so that sorb _Ibandi ownsuibectitraftororvendor. ME orrinitractorWilll t alke:slutth actom mrtih respect to any:suibcomitma tcer wr¢a4nase(orderas the administering r gemcymmrnaydinedas.aimrneansof enforn ing such loroaaiSionrs,iincturting semctiznns for nrorncommplam'e: h To d ,ab„Ihoweverr,ithet iin event a¢aontiracit;ar becomes iinvdnv,=or Tin,(or lls threatened,. .il'otigation With a:snibr ontraror or vendor as a resat(of is er dietitian by the administering agency the,¢ ritr>actor may irequest the Milted'States to enter into.such F o gatilmn to pm,mi it i jtne interests(of the United States_ b. The Snub-Recipient further agrcc i et be bound by the aibmve aq uel opportunity clause\With raspedto iits own employment practices Wiren ut;parti,pates iin federally assisted(c onsirurtion wotic Paovid:o` aa;,_v iif r',ie applicant so(participating is a State or llocal( ®yammer*the above,equel oopporturiity Clause is not applicable Ito any,agency,instrumentality for subdivision of such government ‘,nihich does net Ipartircupate in,work on or under the contract c_ The Sub Recipient agrees that it will assist and cooperate,actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcoetreotors with the equal opportunity clause and the males,,regulations,and relevant orders fof the Secretary of Labor„that it Will furnish the,administering agency and the Secretary Of Labor such information as they may require for the supervision of such core piliance,and that in will id-therm/se assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. pliance_ d_ The Sub-Recipient further agrees that it Will refrain from entering into any contract or contract modification:subject to Executive Order 11246 of September 24, 1:965„With a contractor debarred from,or Who has not demonstrated eligibility for,Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry Pout such sanctions and penalties for violation of the equal[opportunity iblause;as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 1I„Subpart ID of the Executive order. In addition,,the Sub-Recipient agrees that if it fails or refuses to,co ,ply With these(undertakings,the administering agency may take any or all of the following actions: cancel,terminate,or suspend in'Whole or in part this grant(contract,(loan.,insurance,guarantee);refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient;and refer the case to the Department of justice for appropriate(legal proceedings. (27)COPELAND ANTI-.KICiKBAC:K,ACT The Sub!Recipient hereby agrees that, unless exempt'under Federal law,Tit swill incorporate or cause to be incorporated into any contract for construction work,or modification Thereof, the following clause: 22 ii.. lonrractor_ The contractor s'ha[l too c pty u :it 18 §'87„ 11D.:S cC.. §3145,and;the reTfuiirements cf 29 C.F.!111 g...3 as may be appfitable.\W iicl•n are iirnctarporateril iby meteirence into this centra t. uu_ Sdbountrads_ The r arritraclter or subcontract mr: hall insert iinany snub rdra> s'(a,e Clause above and suob Other Clauusc as the IFENJA may 'by appropriate instructions 1 uumre,and also edema the sulbcontrattors to iinc Jrude these cllauow in any Mower tier s uibcomiltracts_ The!prime Cereffedi r hall be reepenslble lifer the compliance by any subcontractor or Mower tier sulboortratitor i to all of Di.1 ese contraat Clauses_ lilt Breath. A breath of the comitrac clauses above may be grounds for im r i ination Of the contract„and for debarment as a contractor and subcontractor as provided in 29'C_F t§5_12_ ((281CO:' i '.Cif WORK(HOURS AND SAFETY STANDARDS If the Su Recipient,'I'. the funds authorized by this Agreement,enters into a contract at exceeds$100,000 and involves the employment of mechanics or(laborers,then any such contract must include a provision for(compliance with 40 U.S.C.3702 and:3704„as supplemented by Department of Labor regulations(29!CFR Part 3)_ Under 40 U_S_C_3702 of the Act,each contractor.must be required to ccomptite the wages of every meChanic and laborer on the!basis Of a Standard work week of 40!hours_ Work in excess Of the standard work week is permissible;provided that the,worker its compensated at a rate of not less than one and a halftimes the basic rate Of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S_C_3704 are applicable to conttruCtion work and provide that no laborer or imechanic must be required to work iin surroundings or sunder working conditions which are unsanitary„'hazardous or dangerous. These requirements do not apply to the purchases of supplies or.materials or articles ordinarily available on the open market,or contracts for transportation_ (29)CLEAN AIR.ACT AND THE FEDERAL'WATER POLLUTION CONTROL ACT if the Sub-Recipient,with the funds authorized'by this Agreement,enters into a contract that exceeds'$1'50,(000,then any such contract must include the following.provision: Contr:actoragrees to comply with all applicable:standards,orders or regulations iissued pursuant to the Clean.AirAct(42 U..S C._7401-7671cq) and the(Federal'Water Pollution Control Act as amended(33 U..S.cC_ 1251-1.3871 and'will report violations to FEMA and the;Regional'Office of the Environmental Protection Agency(EPA). (30)SUSPENS'ION AND DEBARMENT If the Sub-Recipient,'with the funds authorized by this Agreement, enters into a contract, then any such contract mutt include the following provisions: I. This contract is a covered transaction for purposes of 2 C..F_R. pt. 180 and 2 C_F..R.;pt. 3000_ As such the contractor is required to verify that none of the contractor,its principals(defined at 2 C_F_R. § 180.995),or its affiliates(defined at 2 C_F_R.§ 180_905)are excluded (defined at 2 C.F.R.§ 180.940)or disqualified'(defined at 2 C.F.R. § 180,935).. 23 it The(corltracitor must comply\With 2(C F_R.art. 13D„subpart IC and 2 C_F.R. pt.3DDD„suit:part C and.impurSt iiimdl.ude.a ire uirernebt:to rpoaraply Latta these regnflations iara any Mower tier covered transattiiora iit fetters i¢ri d®. R. This� ratimn is a material iennesentatiorn cadffifact ntelied[upon Iby the ilDusT If it is litter determined miined ilk illhe corritattordidi ant comply With 2 C.F JIB_pt.1l':(r„subpart C:and 2 CJFJR.161 m„saj>bpart Cr,in add hi ora i$o arerraediaes available to the illlli iron„the Federal Government inlay pursue availrb9e remedies„iindluudirgg Ibut snot Ilriirroin bi to suspenSion and/or debarment. iv_ The ladder-Or Ip ,purser agneesIto cornoi„\With the ire;lufliremen s of 2 C.F R pt:1;1 m„subpart C and 2 CJFJF _ipt_am mkm„:suet C\vitae this offer is valid and throughout the period&any contratt that may arise from 'rAs Offer_ The bidderor iproposerfFurther agrees to include a proViSion requiring sat,compliance in its(lower tier covered itransattions. ((311))BYRD ANTI-LOBBYING, NDMENT If the Sub-Recipient,With the funds atithorized by ii i is Agreement,ent,enters into a contraclt, i en any such contract(must include the following clause: Byrd-An'ti-Lobibying Amendment,:31 ltD_S iC.§1352(as amended)_ Contractors o apply or bid for an award of$101)n0 or more:Shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an(officer or employee of any agency,a memberHof Congress,(officer oremployee of Congress,or an employee of a a e tber of Congress in connection with Obtaining any Federal contract,grant,or any:other award covered by 31 §1:352. Each tier Shall also disclose any lobbying with non- Federal funds that takes place in connection'with Obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the recipient. • 24 43Z))CONTRRACit IiNG WITH SMALL AND BUS[I 3ESSES,WOT IEiN'S BUSINESS ENTERPRISES,AND IL.OR SURPLUS AREA!PROS llff the Suib 7R Ipier ilt,\>37E h the funds;authorized by his Ad! ,:- eat,seals ime pnocure goods(ors doe them„iiin ante ati t 2 C_IFJ t _§2 B.:321.„Ittne Saib,Recii iient that take the fallimMing affirmative steps to assure that imnii tQ, i businesses„wornels business t riises„and illaihorsurgus area firms are'used miherreverpossittle iii.. Racing qualified small and'Minodty Ibusinesses and womero's business enterprises on smflcifttifinn lists; .Assuring ii1.1atsrnall and Minority businesses„and' mares lbunsiiness enterprises are scrtited vjlhierrever they are;io etential sources; tDiViding tatal requirements,\when economics ly feasible„into snnalller tatks,or quan ies i::e:permit tma imum participation by small and minority businesses,and'women„s business enterprises; iv. Establishing(delivery schedule'where the requirement emits,which encourage;participation by small and minority businesses,and women's business ente ;crises; v_ Using the services and;assistance,as appropriate,of such organiizatons as The Small Business.Administration and the Minority Business Development Agency of the Department of Commerce;and vi_ Requiring the prime contractor„if subcontracts are to be let,to take the e affirmative steps Misted in paragraphs ii_through'v_of this subparagraph. b. The requirement outlined iin subparagraph a.above,sometimes referred to as "socioeconomic contracting,"does not impose an,obligation to set aside either the solicitation or award.of a contract to these types of firms.s_ Rather,the Irequiremerit only imposes an obligation to carry out and document the six affirmative steps identified above. c. The"socioeconomiccontractingnrequire entoutlinestheaffirmativestePsthatthe Sub-Recipient must take;the requirements,do not preclude the e Sub-Recipient from undertaking additional Steps to involve small and minority businesses and woneri's business enterprises_ d_ The requirement to divide total requirements,When economically feasible,into smaller tasks or quantities to permit makimum;participation by small and minority businesses,and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the Micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures "project splitting").. (33)ASSURANCES_ The Sub-:Recipient shall comply With any Statement of Assurances incorporated as Attachment H. 5 IN WITNESS WHEREOF,the parties hereto have ext `, eement. 049P/' \/' SUB-RECIP NT: MONROE COUNTY ,°,Z•1 , , T KEVIN MADOK, CLERK By °°.., _hoar. Dep ty Clerk Name and Title: Sylvia J. Murphy, Mayor Date: /b —`jl- 6 o c a A PtK•✓ED Vial it 7 ROE COD ATU T RNEY PP QVE RM FID# 59-6000749 PEDRO .MERCAD ASSIST A RN STATE OF FLORIDA D to 1 24 / 1 DIVISION OF EMERGENCY MANAGEMENT � Rc By: �/ Name and T' I . Jared Moskowitz,Division Director Date: / tl/X ' ' 20/ 7 t� Too ,- — c 26 :(r- r' . EXHIBIT—1 FFWERA(L RESOURCES AWARDS iFO THE SU1 -RECIIP ETT UNDER TENS AGREEMENT.: HOluib:lithe dre.m.INTS award Ana b-Refrom ara rowe;;-,..'�1p, r do vitBa fina sane linforra..'rr rn shown)lballow Iivrreadb Fade raif program and err I ithr:;I/ DITRN TBS0111MPS awarded ll_ li-LEJERAL OGRA'I Federal agency Dew,.-e maeltof Homeland Se ca (NHS),F«toieral I, 4 ra,encyManagement, a;emacy (((FEI1 )),Grad Programs Oirectomate(GPO) 1Assi Listings rDber( o,1.!.! (Catalog of Federal Oornestic.Assislance Number):07_+042 iN'o;i Ce Hof Funding Opportunity fatle: Emergency Management Performance Gads NOFO Number DHS-194GPD-042434401 Autthorifing,Authority for Program:Section 662 o$ a,a Postattrina Emergency Management Reform Ad of 2 o a) (PKEMRA),as amended,(Pula_L No_109-295)(6 §762);the Rdbert T.Stafford Disaster Relief and Emergency Assistance Ada as amended(Puub.L No.93=.288)(42 U.S.C_§§5121 at seq_);the Earthquake Hazards Reduction Ad of 1977,as amended(Pub_L NO.95-124)(42 USG.§§7701 ret seq.);and the National:Flood Insurance Ad of 1965,as amended(Rib.L.No.90- ,448)(42 U.S.C.§`§4 0 1 t seq). • Appropriation,Atithority for Program:Department of Homeland Se urityipprqpriiations Act,2019 (Rib.L.No.116-6) Award amount: 666,800.00 ill. 'COMPLIANCE REQUIREMENTS APPLY TO THE'FEDERAL RESOURCES.AWARDED UNDER THIS AGREEMENT: Federal Program: List applicable compliance requirements as follows: 1_ 2 C.F.R.200,Uniform•Adrninistrative Requirements for Federal Grants 2. Chapter 262,Florida Statutes 3. Fiscal Year 2019(Notice Of Funding Opportunity NOTE:2 C.F.R.Part 200„and Section 275_97(5)(a)„ Florida Statutes,require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 27 ATTACHMENT A PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant is intended for use by the Sub-Recipient to perform eligible activities as identified in the Fiscal Year 2019 Notice of Funding Opportunity (NOFO) and must be consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes. The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Sub-Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment B). Prior to execution of this Agreement, the Sub-Recipient shall complete the"Proposed Program Budget Detail Worksheet" listed below. If the Sub-Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Sub-Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Sub-Recipient changes the"Proposed Program Budget Detail Worksheet", then the Sub-Recipient's quarterly report must include an updated "Proposed Program Budget Detail Worksheet"to reflect current expenditures. Amount Grant Recipient Agency Category Allocated Planning FY 2019-2020 Emergency MONROE COUNTY Organization $66,800.00 Management Performance Grant Equipment Training Exercise Management& Administration (Up to 5% of total award) Total Award $66,800.00 '` FY 2019-2020 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET-ELIGIBLE ACTIVITIES (Not limited to activities below) Allowable Planning Costs Quantity Unit Cost Total Cost Development of Emergency Plans Salaries Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries 2 33,400.00 66,800.00 Utilities (electric, water and sewage) Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $ 66,800 00 Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles 29 Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21GN-00-OCEQ - EOC equipment& supplies (provide description of EOC equipment&supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ 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 Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs Quantity Unit Cost Total Cost (Up to 5% of total award) Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $66)2,00 REVISION DATE: 30 ATTACHMENT B SCOPE OF WORK The Emergency Management Performance Grant(MPG))syibgranit agreannetnt adt rmdzes reimbursement for eligible al:tidies as iidented in Etre Fiscal Year 21119 Mike e of Funding Opportunity i((I IGFO))_ IFT2D119 alma/able costs are:di ided intoth a If011lo g «l(a, ies- ® :Planning; a Organ tion; Equipment Training; a Exercise;and, a PAanagement and Admmistuafon_ EliF�i a ae soles are roa'ililined iin,AIlowale Coats and Eligible des_ The EMPG's allowable coats support efforts to buil a and sustain(core cepebilities across;rl,a Prevention,I tection„Mill o;.' , Response,and(Recovery i fission areas described in The National i1?re,paredness Goal_ The e intent of the EMPG Base Grant;.;0,ree ent is to provide eadh(county; the means'is successifinilly manage and operate an Ernie, a;ency Management Program by enhancing county emergency imanagement plans and programs that are conaistent\v nth the State and(Local Comprehensive'Eme a;ency Management Plans and"Chapter 25.,Florida Statutes_ Counties must be able to prepare for,respond to,recover from,and mitigate against natural and man-made disasters!emergencies. Each Emergency Management staff person must work the number of hours and assume the responsibilities for the duties in Their offrcial position description as well as provide the coordination and support for all incidents within their jurisdiction_ • By signing this,Agree merit,the Sub Recipient'certfies that it Will use these funds to enhance the(county's Emergency Management Program. • • 31 Tasks&Deliverables: The Suilb4Retligianit must succestft4 complete the if'llo s ng :lZ;a d deliverables throughout the period u�lf IhtietitannTharma ituuartedly lreks( rIlB))well meal to be prodded«!in quarter to thOW CDrrIpkaaimm Gr working towards the uto rnpletimn of cn ,Quarterly dieliverahles mutt Ibe uulplbaded iirntm the FA ores niharel°tinit postal at hittosnomtatifilaridadisatteriorg eath quartet'a.S iin the scope Of work.The Suib-Retiplient must also I uro ice,a centifficeitiorn of completion on lite dietiverable dhedk luet. 1_ '.latch. Throughout r ughouut the(period of performance for riii.iiisAgreenterit,the Staib-Redipienetthalli use mm- F�-Aoleral funds vivo irnai4111 ddllar for(dollar all funds iproviided under this Agreement .Deliverables;(due each quarter): • Pro fide(Quarterly iMetth'Form.3A ito,identify the iron federal math amount • Supportiing(documentation is required if the federal Idnligetion exceeds the EMPA award amount or using(local funds to satisfy the imetCh requirement if usirng Ell 1PA gas Imatth no additional supporting(documentation is required_ Sup.)4 u ling documentation must include invoices„urepeaptls„;pays) ;b„earning Stcit rents„cancel] (thectcs„credit card Statements,ibank statements for proof'of,o:.yrnent at least equal to the amount Of ;reinnibursement requested for that quarter_ 2. Validating Capabilities-National incident Management System'(NIMS:). All(EMPG funded ]personnel Shall(completeeither the Independent Study courses iidentlTued in the Professional Development Series or'ttae National Emergency Management(Basic Academy(delivered either by the Emergency Management Institute(EMI)or at a sponsored State„local,tribal,le t o rial,regional or other designated location_Further information on the(National Emergency Management Basic Academy and the(Emergency Management Professional Program can be found at htltps_1lltreiriing_fema goviernpp/_ Previous versions of the IS courses meet the NIMS training requirement.A(complete(list of independent Study Program Courses may be found at http://training.fema.gov/is_ • In addition to training.activities aligned to and addressed in the Training and Exercise Plan(TEP),all EMPG funded personnel mutt complete the following training requirements and record proof of ,co r n pletion_ NIMS Training,Independent'Study(I5)-100(any version),IS-200(any version),IIS 700(any version), and ElS-800(any version),•and Professional Development Series(PDS)or the Emergency Management]Professionals Program ((EMPP))Basic Academy Deliverable(due each quarter): • The FDEM Form 4-Staffing Detail for all funded EMPG personnel; • Position descriptions for funded EMPG personnel and any;position being used as match; • Training certificates for funded EMPG personnel listed on the'FDEM Form 4—Staffing Detail. If certificates are uploaded into SERT TRACT,the Grant Manager will request a copy of the transcript from the Training and Exercise Unit(T&'E).. NOTE: For quarters 2,,:3,and 4,additional course completion(docu entation is required only if: • New personnel are listed on the Staffing Detail Form. 3. Training and Exercises. The Sub-Recipient shall develop and maintain a Multi-Year Training and Exercise Plan(MYTEP)that identifies a combination of exercises and associated training 32 ,reqdrhements that add: priorities identified iiin the ILPIN arri bu llds dram training gaps rudein ied the coun y assesSITilEgill:prou.s.s Tiraicnimg adirrffes must enhance is;le capthi of emergency'management = mnnnell,intiluding listing,supports c ndulatling,and attending tanning aaieli series_ !i umi adivities Should alli.gn weal a current , developed through an annual Tirainintg and Exerdise Plans 9 ,atk (TERM ERM and Should mile efforts to address up,:inBmg cal;o, 'io�n�li n les gaps_ Exerribm;playa Vital mile iun mnaifilona➢jp :a.Hess by enabling made community k h rs i'e:teS t and validate plans and pabau ties,and tide 11.111 ,both capaibirmi. gaps and areas for improvement remit Exercises also test capabilities,ifarhi➢iarize emergency irrnanagernert ipersonnea'vital nits and iresponebillifies,and a•-• meaningful iiinteractllon and cominutr➢ncation across organizations.Exercises Ingather and ena:'i.ien•ii,ie%eli lei{ mmunlltyiiniiiseffortsto!prevent,iprotectagaimst„rmlr 'respond to,and recover from all;hazards_ Exercises cornducled with grant funds`should hest and evaluate;performance toviands mueshing capability targets'wire l f hed in a jurisdictiori's TilARIA for the core capabilities needed ice,addressils greatest:risks_ Exercise priorities should align to a current,IMr lti Ycear i EP developed 3rlor»gh an annual TEM. Deliverables: • Provide the percentage of completed training and exercise activities listed on the current MYIEP(due each quartter); • Update the County 20211-2023 MYTEP by April 30,2020(due 4th quarter); • Provide sign in sheet or,certificate of;participation in at(least three ree(3))exercises for funded EMPG personnel during the period of performance(due 2riti through 4th quarter) 4. inventory Management-Distribution Management Plan. All EMPG,Sub-Recipients must provide an Inventory Management component to the Divisions Distribution Management Plan to include the identification of resources including commodities,equipment and supplies in the event of a disaster. Section 252_35(2)W),Florida Statutes,requires the Division to: • Ascertain the requirements of the state and its;political subdivisions for supplies and equipment of all kinds in the event of,a disaster;and • Plan for and either procure supplies, medicines,materials,andequipment or enter into memoranda of agreement or open purchase orders that Will ensure their availability_ Completion.of this requirement ensures stateviiide resource requirements are identified. Deliverable(due 4 h quarter): • Provide an inventory fist of resources on the Logistics Distribution Inventory Management form.All fields must be completed,items must be"typed"ap,prapriately,and physical location recorded_The Logistics Distribution Inventory Management form can be located in the Division's SharePoint:portal_ 33 ATTACHMENT C ALLOWABE COSTS AID ELIGIBLE ACTIVITIES I. C.ategnaaes and EfigTle Attivifies The ,.t 1S EMIRS Funding Guidande aillevraUlBCDsiS are divided junto the fu Manning ccaitegiraes: planning,organization,equipment,straining,exercise,and management and administration. Allowable Costs A :Planning Pilanrn rag sins ell irve National Pre;a - ness Goal(iF:e Goal)(mission areas and provides a baseFone for de rmirrnrng pule/trig iicireats and(hazards,ire aired c�apatiilities, :v•Tuured resoaarces.,and establishes a framework for moles and res;opo:msibilitiies_Planning provides a map iadicall'way to engage the Whdle c mmunity in ill.a development of a. i, 11:-oic,(operational,arnd%r community-based agnproath to preparedness. Plans should have prior review and approval from:the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be!used to develop or enhance emergency.management planning amities_ Some examples include,but not Unfitted to: • Emergency Operation Plans • Communications Plans • Administrative Plans • Whole Community Engage ent%Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans • Local Comprehensive Emergency Management Planning Planning Costs Supporting Documentation: .Provide copies of completed:plan,contracts, Memorandum of Understanding or agree ents with consultants or sub-contractors providing services and documenting hours worked and proof employee was paid(paystubs, earning statements, payroll expenditure reports). Copies of invoices,receipts and cancelled checks,credit card statements,bank statements for proof of payment. B. Organization EMPG Program funds may be used for allhazards emergency management-operations,staffing,and other day to-day activities in support of emergency management. Personnel costs,including salary, overtime and backfill, compensatory time Doff,and,associated fringe benefits,are allowable costs'with • EMPG Program funds.These costs must comply with 2 C.F.R. Part 200, Subpart E—Cost Principles. Eligible"Organization Cost"items include.,but are not limited to: • Salaries and Fringe Benefits-provide copies of certified timesheets with employee and supervisor signature documenting(hours worked or FDEM Form B-Time and Effort and proof employee was paid(paystu'bs„earning statements.,and payroll expenditure reports)_ • Utilities(electric,water and sewage) • Service/Maintenance agreements(provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • Memberships • Publications 34 Postage Storage Oar PerTStarnnE VIC i c all Sep ces Reimbursement iforseniices by a Ipersora((S)'W a is gnat a or kilII time errl iloyy Mktg lablitlhred iposiitions.. This includes but its nbliEntited o,temporary employees„studentor graduate: Aitttarrits.felliowships,[partt imeaca ten icemployment,Iboarelanernbers„ uullio::mits„and Otter sentices. ® Consultant SenVices require.:-.pre-approved Oranttrac t wtr piiirtitisse order by the Inlivytaiion. Cepiies efaatdittionall qua Should also Ibe supplied litgnitn ire que t g p p These ,:o;uuests sl6noulkd Ibe sett tto tiii I e grant ineanager for the 4biyilltion for irriiiew IMIalinitenanoe and(Enhancement Major re,o)-.firs to-the County Emergency Cperafions Center;(Need prior EHP approval) Cerritrel Heaf//,:it(Need prior iEHP approva) ® out Ibuoldings ri or. ' .o; o;e cot[Emergency Management Equipment(Need iptior EHP approval) Security improvements(Le Cameras and equipment; a eperall) GenerreitorS and[IInslGallation(Need;prior i'EHP approval) Maintenance and Sustainment The use of FEMA[preparedness grants funds for-maintenance co tracts,warranties,rrepaiir or .replacement oasts.,upgrades,and user fees are allowable under all.-olive grant ',ais,runless otherwise noted_ EMPG Program grant funds are intended to:support the Goal and fund activities and projects that build and sustain the capabilities necessary to[prevent,protect against,imitigaite the effects(off, respond to,and recover from those threats that at pose the greatest iritk to r e security Hof the[Nation.Iln order to provide Sdb;Recipierits the ability to meet this objecfive,the policy set forth iin iGPD°s IIB:379 (Guidance to State.AdrriiniStretive:Agencies to[Expedite the Expenditure of Certain DHS'7FEMA Grant Funding)allows for(the:expansion of.eligible maintenance and susteinment costs,1e ttiich must be in: (1)direct support of existing capabilities;(2)mutt be an otherwise allowable expenditure under the applicable grant progra .;(3)be tied to one of the core capabilities in the five misSion areas contained within the Goal,and((4))shareable through the EMAC_.Additionally,eligible costs may also be in support of:equip r n erit,training,and critical resources that'have previously[been purnhased with either federal grant funding or any other source of funding other than D:HS!FEMA preparedness grant program dollars.Additional guidance is[provided iin FEMA Policy FP 205-402-125-1., Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants,located et: http_//w r_fema.govimedia'library%assets1docu ents/32474.. Organization Costs Supporting Documentation: For salaries,provide'copies of certified timesheets'with employee and supervisor:signature documenting hours worked or FDEM Form 6- Time and Effort and proof employee was[paid(paystubs, earning statements,payroll expenditure reports)_ Expense items need to have copies(of invoices,receipts and cancelled checks,credit card statements,bank statements for proof of payment.All documentation for reimbursement amounts must be clearly visible and defined((i.e.,highlighted.,underlined,circled on the required supporting documentation). The Quarterly Tasks((Form 1iB))is due every quarter with the quarterly financial report_ This is to identify emergency management personnel,.ell EMPG funded employees and the completion of the required tasks and deliverables as outlined in the scope of work during the agreementperiod. C. Equipment Allowable equipment categories for the EMPG Program are listed on the'web-based version of the Authorized Equipment List(AEL)at Ihttostlimm.fema.gov/authorized-equinment-list. Unless otherwise stated, equipment must,meet all mandatory regulatory and/or FEMA-adopted standards to 35 be e'figiible for Ipurdhase tieing these funds_In ad lufion„ agencies un ill be rseponeible far bbtathing and maintaiinirng elil necessary ceatiticaations and iir.eness for the!requested equaiip irn nt. /6�IIIlrn ezagprr nit iin Ludes•'- ,affpnent ern the iffltaNtmg AEI I2 nies: Persenal IPrreteobive IEgdripraneaat(H )(((‘....IL,- any 11) Ilniiorrnatian Te undlogy((.Category l;)) Qjbersecunity Eninancarnent Ealuiprner t((I-,.:iig-6;o y 5)) • Ilratenap le tCornmaurair ations Equipment(Category 16) Date:ton t 16;imiiprnent((Category Power IEqui e,. - r (Category to) Cherrdcai,IRirnlmgir 1 Radidogiozd,,Nueleara and Explosiive((CIBRNE))Reierenue ttlater ale -6 273,1V • CSRNEIIncident Response'Vehicles(Category 12) Physical Security Enhancement Equipment( - ply 14) • CSRNE IL!o i l Support IEquiprnent((Category IS)) 6, OtherOther.Auittrorized Equipment(Category 21) Iln addition to ;d,.e above,general purpose vehicles are allowed to be procured iin c i er tlo(carry;out the res6 6,nsibilities of the EMPG Program.if Sub-Recipients have questions ce r r-ing the:eligibility of 'equipment Inet spedifically addressed in the AEL.n they should contact lir.;leir'Crant Manager Clarification_ Saab-'recipients should analyze the cost benefits of purchasing\versus(leasing equipment°especially (high cost items and Those subject to rapid technical advances.Large equipment,purchases must be identified and explained.For more information regarding;property management standards for equipment,please reference 2 C.F.R.Part 200,including 2,C'F..R_M 200.310,200.313,and 200.316. Requirements for Small Unmanned Aircraft System All requests to;purchase Small Unmanned Aircraft System((SUAS))muSt comply'with Information Bulletin(IB)426 and mutt include the policies and procedures in place to safeguard individuals' privacy,civil rights,and(civil(liberties in the jurisdiction thatwuill;purchase,take title to,or Otherwise use the SUAS:equipment Funding for Critical Emergency Supplies Critical emergency supplies=such as shelf stable products,water,and(basic medical supplies—are an allowable expense under EMPG.DHS/FEMA must approve a states five=year viable inventory management;plan prior to allocating grant funds for stockpiling;purposes.The(five=yearplan should include a distribution strategy and related sustainment-costs if the grant expenditure its over'$100,000_ Equipment Acquisition Costs Supporting Documentation:Provide copies of invoices,receipts and cancelled checks,creditcard.statements,bank statements for proof of payment Provide the Authorized Equipment List)(AEL)#for each equipment;purchase. D. Training EMPG Program funds may'be used for a range of emergency management-related training activities to enhance the e,capa'tilities of local emergency management personnel through the establishment, support, conduct,and attendance of training.Training activities should align to a current,Multi-Year TEP,developed through an annual TEPW.Training should foster the(development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices,and provides a path toward building sustainable resilience. All EMPG funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the TEP,all EMPG-funded personnel(including full-and part- time state,!.local,tribal and territorial(SLTT)recipients and subreci,pients)shall complete the following training requirements and record proof of completion: 36 (1) NIMS Training, Independent Study (IS)-100 (any version), IS-200 (any version), IS-700 (any version), and IS-800 (any version)AND; (2) Professional Development Series (PDS) OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Basic Academy Professional Development Series Basic Academy Pre-requisites and Courses IS-120.a An Introduction to Exercises IS-100 (any version)Introduction to the Incident Command System IS-230.d Fundamentals of Emergency IS-700 (any version)National Incident Management Management System(NIMS)-An Introduction IS-235.b Emergency Planning IS-800 (any version)National Response OR Framework,An Introduction IS-240.b Leadership and Influence IS-230.d Fundamentals of Emergency Management IS-241.b Decision Making and E/L101 Foundations of Emergency Problem Solving Management IS-242.b Effective Communication E/L102 Science of Disasters • E/L103 Planning Emergency Operations IS-244.b Developing and Managing Volunteers E/L104 Exercise Design E/L105 Public Information&Warning Additional types of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI train-the-trainer courses • Attending other FEMA-approved emergency management training • State-approved, locally-sponsored CERT training • Mass evacuation training at local, state, and tribal levels Allowable training-related costs include the following: • Develop, Deliver, and Evaluate Training. This includes costs related to administering the • training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in 37 the ThA uffti-Year TEP end a i resser7 in the training ccyCle_States are:-encouraged to use e isting trairiirng'rather than developii lg,new courses. ,'then developing new courses states are encouraged to.apply the,Anallyze.„Design,Develop„Implement and Evelhuate((A. IIDIE))rmorild fu r i 7t§iMbiiIraTn(design_ • ,OVerai722 and Back: ML The entire amount of overitin ne ccostsn iinzaluding!payments:n ttu:d flo lbablanEng;personnel,hiliidh are the tired resat of attendance et FEEBA and/or approved training (musts and programs are-allloorrratl le_Mese(costs are allowed only to Me extent the!payment ifor sal& vTrzos its i(n accordance tftn tltlh,!Jo etibiles of the State cor nui initN)cot local government mnernt and has the approval of the. or IFERIK,Whidnever its applicable_Iln iano caseits dualcompronsatiorn allayitbla Thttiis ,an employee t i t a unit of cgovermment may inrvt receive,compensation tom their unit(or agency of governmentAIN!r;firomo an award fora Singe;period(Of time!(e_g_n t:11Y3!p.;mn_to =0T ip-m-J,even;RR(ouugh suith\wok rrnaylbenei Ibuth activities_ Travel.Travel.arts(es,airfare,niileage,(per diem,and betel)are:allowable as expenses by employees'sr lho are on well sttatus for(official Ibusirness related to approved training_ • Hiring of Full or Part-Time. ff or ContractorsTConsullants.Fall Gr part-time:s611For cco rstoonsuiltants may be hired to support dared itrairring4eneted adivit(es_Payment of salaries and fringe benefits imust be iin accordance With the policies of Me state or iunat((s)of tocsin government and have the approval of the e state car IFE+1 ,\ ichever is applicable_ • yCer catontRecerfiricaliion(of Instructors.(Costs associated\With the'certii Trion and rre- coer cation of iinstr!ucctors are elio ed_States are(encouraged to follow[the FEl 11A!Instructor Oua➢ify,Assurance Program to ensure a minimum Ileve➢Of competency and corresponding levels of evaluation of student Ilearning_This is particularly important for those courses Whicti involve training:of trainers. Wien conducting a training,the e Inurriber(of(participants must.be a iniihimum of 15 in order to justify the cost of balding a'course. For(questions regarding adequate number of participants, please contact the'FDEM State Training Officer for course specific guidance_ Unless the recipient receives advancewritten approval from the State Training Officer for the number of participants,then the Division must reduce the amount authorized for reimbursement an a!pro- Tata'basis for any training with less than 1'5 participants_ Conferences The Division!recognizes the important prole that conferences can;play in the professional development of e ergency managers. 2 C.F.R.§200.432 defines the term conference as a meeting,retreat,seminar,symposium, workshop or eventWhose;primary purpose is the dissemination of technical information beyond the non-Federal entity and is necessary and reasonable for successful performance under the Federal award'" Rule'691-42 002(3)„ Florida Administrative Code,(defines the term conference as: '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 intuitive research;,study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. 3:8 ilin order fo:rtravell tO,a conference erernce or convention to qualify.for reinibursement,the cottimutt be ueasoneb'le and attendance etthe cnnference'rrnust'be necessary far the su Bill ca;igletiorn,af a task rec mimed by ftiis:Agreernerit. Provided the cost qualifies as ireasonable and inet esseryr fffor the surcesstuill icomp Teti xn ue,l a Atatk Fr. ®uuiaradiby this Agreement travel to a,cmraferemr`e that,,,m r m•as With theirequinerneritlscof':"u>ilke °,1 ,Florida ll il n ibrrtrve( - satisfies the arriiniirrmuum Bevel,of sef fer oo nferenoe travel timer this./,'0,reeririerrilt. in pertinent part Rtuille t0,91-42142B Q�1),(Florida Adrriinistrative Code,states"'No Ipulifl l is funds Shell be;expend:,oi ffor litendence conferences,orconventions unless: • The main 1purpose,of the conference or(convention its in(connection with the c,e,ri'dial business of;r::,a state and cdirertly related to the;pert arrnarnce,of the Statutory d, hies and respontibilities cia'e agency 1partimpating; • The atifivity;provides a diked educational,cr Other!benefit sui,e,10„e, the scut and l;Q ,blirc le " pose cif'iid,,e person attending; • The,durties and responsibilities(ate traveler attending:such meetings are compatible Wfilth the Objectives(of the particular conference,or convention;and • The request for payment(of travel expenses is otherwise in iorpririPliiance\With Provided the cost,qualifies as reasonable and necessary for the successful,completion of a itask required by this Agreement,and provided any related travel complies with the requirements,of Rule'691-42!004,IFlorida,Adrriinistrative Code,conferences may,qualify for,reimbursement under this Agreement Requests for reimbursement for payment,of the iregistration fee or for a conference or convention :must include: • A statement explaining(how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement • A copy,of those;pages of the agenda that itemizes the registration fee; • A copy,of(local travel policy;and, • A copy of the travel(voucher or a statement that no travel costs were incurred,if applicable. When a meal is included in a registration fee,the meal allowance must be deducted from the reimbursement Claim, even if the traveler decides for personal reasons not to eat the meal. See section 112_061(6)(c),Florida Statutes(('No one,whether traveling out of or in:state;,shall be reimbursed for any meal or!lodging included in a convention or conference registration fee paid by the state:")_ A continental(breakfast is considered a meal and mutt be,deducted iif included in a registration fee for a convention or conference. However,in the case Where a meal is provided by a hotel or airline,the traveler.shall be allowed to,claim the meal allowance;provided by law. Class A,Class B,and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for,Class:A is based on a calendar day;(midnight to midnight). • Class B travel is continuous travel of(less than 24 hours which involves overnight absence away from,official(headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or,day trips in'Which the traveler is not away from his%her,official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: 39 Section 10 2.g:61((6)1(Qb)„Filor da Statutes„esta'b:liisfies the;meal Illawance fimr.eac`h a c eal during a travel period as if b vs: b fmsr libreak1fatt Wren travel begins!before 6 a_'mrn_and elms(beyond am); • $1111 iffor Illurncata((( uem,itra'vel ibegins!before.12 inomm and ea nulls beyond 2 wail,and, • $19>ffor dinner i( Kenn travel ibegiras?;6-'ore 6 p mrn_and,eydendis(beyond`B pm_cerverern ltravel occurs during inig'3•6 mme ihours due to special.a.s.§4nrnerrrip. Section 1122544!Florida Slues,establishes The par diem amounts. 'ill travelers are aillowed: • The awilltnorized per diem for each day of travel;or, • Ilff actual expenses exceed the a.i o,anratile per diemmn the ammount,alim for[meals as provided iin s_:112_651(6)(b),ES,plus actual expenses for Il imaging at a Single obbupancy gate_ Per diem Shall be calculated using four six-hour periods(quarter:)l log inning at Midnight for Class A er When travel(begins for Class B travel_ Travelers may drily swillth from actual to;a-r diem While on Class A travel on a midnight to Midnight'basis_ A traveler on Class A nor ra,travel who elms to be reimribursed on a per;diem(basis is allowed$20....cll.for each quarter ifrorn u: e time of departure urifil the time of return_ Reimbursement for Meal Allowances That:Exceed The State Rates: The Division Shall not reimburse for.any meal allowance that exceeds$6 for(breakfast,:$11 for (lunch,or$19 for dinner unless: • For counties—the requirements of section 112061(14),Florida Statutes,are satisfied; • The e 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 luniforrrily to all travel by the Recipient);and, • The costs do snot exceed the reimbursement rates.established by the United States General Services Administration;( GSA")for that locale(see https://www.gsa.gov/portal/content/104877). Hotel Accommodations: A traveler,may not claim per diem or lodging reimbursement for,overnight travel Within 50 Miles(one- way)of his.or her headquarters or residence unless the,circumstances necessitating the overnight stay are folly explained by the traveler and approved by the Division. Absent prior approval from the D:iVision,the cost of any hotel accommodation Shall not exceed$150 per night. Training Costs Supporting Documentation: Provide copies of contracts,,MOUs or agreements with consultants or sub-contractors providing services. Copies of invoices,receipts and cancelled checks, credit card Statements and bank statements for proof of payment and a copy of the agenda, certificates and:sign in rosters(if using pre populated sign in sheets they muSt be certified by the Emergency Management Director or Lead instructor verifying attendance). For travel and conferences related to EMPG activities,copies of all receipts must be submitted i.e.,airfare.,proof of mileage,toll receipts, hotel receipts,,.car rental receipts,etc.) Receipts must be itemized and matbh the dates of travel/conference. If conference,a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),Florida Statutes($6 for breakfast,$11 for lunch, and$19 for dinner),then the Sub- Recipient must provide documentation that:The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's 40 written travel;po:licy;and participation Aoflthe indMduuall in the travel is necessary to the Federal/ award_ E. EXertiSeS lExertises conduusted\With Tara turadis!Should test sand evailluualte ['i•rnnance towards meeting u ,o,;b➢;fi i a�::�.a;ets ear blushed in a juristilittidrins TlHill:A tor the core capabilities needed to address its greatest i ks_Exer dise priatifies should align to.a arrantIi 1fs u ltiFYear i training and Exerdse Plan .P)developed thmouph an annual Training and IExerdise Planning Workshop(TERM), A I lowable exerdise;related costs include: • Design,Develop,Conduct and Evaluate an Exercise.This includes costs;retat to plannnimgn meeting:space and Tither meeting costs,facilitation,costs,materials and suppfuesn travel,and dopumentation.Suib-Rer pients are:ancoiuraged to use tree ic:spa lrn i arcs cit ies, \a heaneveravailab➢e,'priior to the:rental of spacellocationsl/faduilies_Exercises Shedd provide the (opportunity to demonstrate and validate Skills Ilearrned,as well as to identify any gaps in These s1d111S_Gaps identified duriing an exercise iinclluding ,r;'ose for ii➢dren and individuals,w i disa�ilifies or access and fun tonal needs,should be identified in the, .'. - P and addressed in the exercise(cydle_ ifirJng of Full or Part-Time Staff or Contractors/Consuli'ants.Rill or part-time sir may be hired to support direct exercise actarties_Payment of salaries and fringe benefits must be in accordance With the;policies of the state or lunit(s)of local government and have the approval of the:state or IFEfA,whichever is applicable_The services Of ccontractorslconsultants may also be procured to support the design,development,conduct and evaluation of exercises. • Overtime and BackfilL The entire amount of overtime costs,including payments related to ibackfilling personnel,Which are the.direct result of time:spent,on the design,development and conduct of exercises are allowable expenses_These costs are allowed only to the extent the payment for such services is in accordance With the policies of the:state or unit(s)of local government and has the approval of the state or iFEMA,Whichever is applicable_In no case is dual compensation allowable.That is,an erriployee,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..,1:100 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 wiho are on travel status for official business related to ffire 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 gig.,, gloves,,non sterile maSks,and disposable protective equipment). • )therltems.These costs are'limited to items consumed in direct:support of exercise activities such as the rental of space/locations for planning and conducting an exercise,rental Of equipment,and the procurement of other.essential nondurable goods.Sub-Recipients are encouraged to use free public spacellocations„whenever available,prior to the rental of space/locations.(Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees,the recipient shall submit a 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 formeals.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 construction vehicles)and emergency response apparatus(e.g_„fire trucks,ambulances).The only vehicle costs that are reimbursable are fuel/gasoline or mileage. 41 EqUipmerit that is.pur¢teased for permanent anerdt installation and%.r'use,(beyond the r�rpe of elxertrse conduct((e_g-,electronic massaging siigns)) la cable and nova-duurable goods paurithased fir iiinsta lllatiron anti or uuse beyond the srrope of use ccorndutdt Exercise Costs Supporting'Documentation:;PiroVi le c¢a pies o orintracls,Malls oragrearrnerits mato consnitarits,orswib-orintraorsip nidiing:senlAces. Copies(of iinvoiu ,;o giSandcancel';cca rah ,credit card:sl(,dille?metritts and bank Statements for pouf of 1payrnerit and a spy of Exercise P (EXPI_A11),After-Action IR;-,a of i i I mprolvelrmanit Plan C(AR7' P)and Sign in Sheet ffor (c ndut ted exercises i(if using pre Ipopuilleitted Sign in she nti ey must Ibe(certified by the Emergency Management Director or Lead Exert se'Planner verifying attendance). F. Management and Administration 'IBA) MBA activities are those,defined as directly relati ng illy tame imanagemerit,and administration of EIdPG (Program funds,such as financial management and monitoring.It Shedd be!noted that satisfies cif state and local eye!'o;envy managers are inot 1;,0ii lly categorized as iM unless tie state or local EMA chooses to assign;personnel to specific td. ^,actiarutties_ Management and Administrative Costs Supporting Documentation: For salaries,provide copies of certified limesheetts'with employee and supervisor signature documenting hours wonted or FDEM Form 6-Time and Effort and proof employee was paid (paystubs, earning statements,and payrdll expenditure reports)_ Costs for➢&A activities are allowed t p Ito 5%of the total award amount_ indirect Costs indirect costs are;allowable under this,pro o;ram as described in 2 CIF R.'§200.414.-With the exception of Sub-Recipients who'.have never received a negotiated indirect cost rate as described in 2 C.F.R.:§200.414(f),Sub-.Recipients must have an approved indirect:cost rate agreement with their ,cognizant federal agency to charge indirect costs to this award.A copy of the approved rate(a fully executed,agreement negotiated with the applicant's cognizant federal agency)is required at the time of application,and mutt'be provided to FEMA before indirect costs are charged to the award. 1. Construction and Renovation Construction:and renovation projects for a state,local,territorial,or Tribal government's principal Emergency Operations Center(EOC)as defined by the SAA are allowable under the:EMPG Program. Written approval must'be provided by FEMA prior to the use Of any EMPG Program funds for construction or renovation.Requests for EMPG Program funds for construction of an EOC must be acco panied by an EOC Investment.Justification(located in the Related Documents tab of the EMPG grants.gov posting)to their Regional EMPG.Manager for review.Additionally,recipients are required to submit a SF-424C Form and Budget detail citing the(project costs. When applying for funds to construct communication towers Sub-Recipients must submit evidence that the Federal Communication Commission's(FCC)Section'1006 review process has'been completed and:submit.all documentation resulting from that review to GPD prior to submitting materials for EHP review.Sub-Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding(e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance With all state and EHP laws and requirements). Projects for which the Sub-Recipient'believes an Environmental Assessment(EA)may be needed,as defined in as defined in DHS Instruction Manual 02.3,01-001-01.,Revision 01.,FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the IF:EMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must'be submitted no later than 42 12 imoriths before the.end(of the;period crif!per!forrman ca_EHP review loatkets Should be sent to dode!hpinb@fe, :goer.. EMPG 0rarn:Saili-R:.4,-,,iiTz, .ls,using Antis fifer cornslmnuttionprOleds mutt comrn JywithtiheDavis- ,;ano nArt (ItLaC..r§31141 seq.].Grant Saili-Retipiertis Matt;uaTns.uB ttfntit final corittradors or sabcontrattors for vonsmrun tion i;o,.+o «io.(pay workers no IUess than the prevailing\wages for laborers an na cs employed,on;pnajecls of a thwarter tint to the,a�IDn,ittceil we Turn the tired s britvifiSion tof :nrn Which the work its itto be performed e;t_Additional information-on n. ac,ding co m Plia a Wit the Da>r�r A rim m:kit inn I;o, o,.;iin,,snit of Labor pop wage dclarnifinations,its available from the ifolloa dmrg'website: lfilino..J/!/s rra r dsll oV/fWhtii/goa conittractsf/dbraJ>talnn Unallowable Costs • Unallowable IEnpiprmfemit;'Grant funds must ce rigibi With lS 425 and may net.be used for the :pu Chase Of 11,he hollowing,equipmem't Erearms,armmunfc:fon,grenade Il uncheis,bayonets,or weapoannaed aircraft vessels,or vehicles cotany kind\apt weapons installed • Expenditures for weapons systems and ammunition • Costs to supra aort;Ro a Ihodng of swam public:safty officers for the pa„a of tradii Tonal ;o. r blic safety duties or to:supplant ttrad i fond ipabfic safely;pos ions and responsibilities • Activities and projects;unrelated to the c o n n pletion and implementation of the EMPG Pi.. o ram In general,'Sub-Recipients should;consult with their Grant(Manager prior to'malting any investment at does not clearly.meet the allowable;expense(criteria established in this Guidance. It Environmental Planning and Historic Preservation {EHP)Compliance As a federal agency,FEMA is required to,consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency,including grants- funded projects,comply With federal EHP regulations,laws and Executive,Orders as applicable_Sub- Recipients proposing projects that have the e!potential to iimpact the e:environment.;including but not limited to construction Of,commuriication towers,modificalion or renovation of existing buildings, structures and facilities.or new conttruction including replacement of facilities,roust participate in the FEMA EHP:review process The EHP review;process involves the submission of,a detailed!project description that explains the goals and objectives,of the proposed project along with supporting documentation so that FEMA may determine Whether the;proposed;project has the,potential to impact environmental resources and/or(historic(properties.In some cases,:FEMA also is required to consult with Other regulatory agencies and the;public in order to,co ;,plete the review process.The EHP review process muSt be completed and approved(before funds are released to carry out the proposed project FEMA will not fund,projects that are iinitiated without'the required'EHP review. Additionally,all Sub-Recipients are required to,comply with DIHS/FEMA EHP.Policy Guidance.FEMA Policy 4t108-023-i_The IEHP screening form is(located Ihttps!//www.fema.gov%media- Preparedness Grants Manual q,April 2019 Page rig library/assets/documents/9°195.,and further EHP guidance can be found at httos://www.femagovImedia-librarviassetsIdocuments1118323. Procurement All Procurement transactions will be conducted iin a manner;providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200,; • Chapter 287„Florida Statues;and, • Any local procurement policy. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks„ as demonstrated by the failure to satisfy the applicable deliverables, may result in the following penalty: 43 • A 111:60 itratbotio:n of the(overall amount adhohzed by this Pgrearneht. Ti apgly the penalty eath tgamiterttligfag uyihrtot the Retipiehtt falls to stiocesstitly complete aath of the meguithattll1 oting thiiis,ftrraemmit upp ifeur penalties may lbe irmiposet am *Bath Fatality shall lbe applied comituitAirvelly. iff„because elf circumstances beyond the Rectiiertitt(Dmitri:*the jr.ettipiett ifs tunable to sancoessibillly tot,: a lags it t=sti;ailed lby this Agreement rill:ten the RepenittheIIthutify the DimAtion iihnnunnetirtateay_ illif the flitti§ion agro that the iiinabllity liperlarch was direttly tduB dinownstarnmes l'ett-yond llthe the Reripialt.then 113M.t.qohltnAllItconaittlerr AvaiMng'tie pfl uall consequence_ 44 AT 'ACH'N1ENT D QUARTERLY REPORTS Sub,"ec -Ti11s Arnust puede the DhAtion quartet/fiinantiiall lt,0 o, and a ffhirnal adInse-olt repast. ® GuartEtiligientitg uppEnts are due me the DiiMisiio n rue lister than thinly(pa)days afterthe end of earath c uua tter poi'the iprogar',non yew,and inlfnu5lt comilinue,um,be submitted eadhi(gustier udIIl s uiburiiiiss n coif the final p ose=ouit irep t The ending date Ile with quarter of Hy, liar,w 0,ram year are Sentarriber 30,December 31,Earth 31 and June 30_ Reporting Period Report due to FDEM no later-than July 1 iir:,rough September 30Octdber30 Ober 1 through December 31 January 30 January_t through March 31 30 ,'.1 a,riiil 1 through June 30 July 30 The Sub-Recipient shall provide the Division with fait support documentation for the quarterly financial reports_ A. The Quarterly Tasks!Form 1R is due with your quarterly financial report eadh quarter. This form identifies the required tasks and deliverables as outlined in the scope of work and identifies funded EMPG personnel during the agreement period. B. The Quarterly Match Form(Form 3A)is due each quarter for'Sub,Recgpients to identify funds being used to matCh the federal Obligation.if the federal,obligafion exceeds EMPA or using local funds supporting(documentation is required.The Sdb-Recipient must identify the non-federal match on Form 3A and provide supporting documentation if applicable((i.e.iinvoices, cancelled ,checks,earning statements,payroll expense reports,credit card state en'ts,;bank statements, etc.)). Cost atching requirements must be in accordance with 2 C.F.R.200:306.To meet matching requirements,the'Sub-Recipient contributions muSt'be verifiable,reasonable, allowable,allocable,and necessary under the grant program andmust comply with all Federal requirements and regulations. C. The final Close Out report is due:sixty(60)days,after termination of this Agreement. Federal funds;provided under this agreement:shall be matChed by the,Sub=;Recipient(dollar for(dollar from non-federal funds. If the funds are being matched'with EMPA and are less than the expended EMPA,no additional back-pup/.supporting documentation is needed. (However,in your EMPG funds exceed EMPA,or if you are not using EMPA for matdh,the appropriate(back-upisupporting documentation needs to be provided (i.e.invoices, canceled checks, earning statements,payroll expense reporits, credit card statements,bank statements). D. Programmatic Point of Contact: 45 Contractual Point of Contact 'Pro ra=atic Point of Contact 1 I D17Jra ,j_Da IIICn�L 1 Ir 2 Sthmna7�9 i C; _ 2555 Shum r k I lvd_ L 17,t1bahassea,,FL 32399-211ED Tailkilhassean FL 323,9942 013 (° ,,,00 8 45 (ski))i45-4325 I MithattinalrlPemmylltaridia.corrn litaten.Lyonsgannimylfilotiitiacnra 46 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: If you are requesfing an advance,indicate same by checking the box below IQ j ADVANCT. QUI ID �/'al=yren eat of S is .-4 EOM& Balance ce of milieus will be ru;7,.JIif' on a-reimbursement basis. These funds are ceded to c ; sta amid benefits tto clew duplicate Tomas alai i pur hese e,somas;einGiran(diumeent \ewould Inm tIb the to operateprustaut willtuant uii as advance. _ 9 If you are requesting an advance,complete the following chart and tine item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20 20 Anticipated Expenditures for First Three Months (list applicable fine items) of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety:(90)days of the contract term. Support documentation should include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90)days of the contract term. Any advance funds not expended within the first ninety(90)days of the contract term shall be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399,within thirty(30)days of receipt,along with any interest earned on the advance) 47 ATTACHMENT F Certification Regarding . Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub-Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 48 ATTACHMENT C WARRANTIES AND REPRESENTATIONS Finandial lEllanacement The Suib-Retipierts11 landiall management system mutt cornloi v vitt&2(C.F.R.§2164.332_ Procunements AlTlY Procutiem eV i egfkken Naito omiis-4alhorizetil by ,IS,,,,,,mreernerit must ocrna*vofith'if':e ifEqUiaernenits(of 2 C.F.R.§2180),„Part D----4Post Federal Award Reglinaments—ProcurementStandads 9 CFR.W016)317 iiCirough 20B_326)_ Business Hours The Sub,Retipient Shall have its(offices open for business.With the entrance door open 64 e public,and at'least one employee on Site,from: rYtiovi ri 1 ',40ros, Licensing and Permitting ,All silbcontraCtors or employees hired by the Sub-Recipient Shall have all current tioenses and permits required tfor all of the partictilar work for Whith they are.hired by the alb-Recipient_ 49 ATTACHMENT STATEMENT OF ASSURA10ES The;Sui cup( hereby;assures and oer;tTi'des compliarree With iierall stabiles,;reg ula t „1 mfi ai „ gtdriellinesand requirements„ mrdlnrz rng'2 G_F 9R(Part2ihrim;,ED.1123172 and i iOrtronrruo;/°.drrtrr it rative Requirements dor Grants and Cooperative greearner 2;s,(GF„!Fait f86,c mrrnmrumrn mui➢e„ )tna3 govern the application,accpganca ant use of(Federal funds for this tederallty-astietteril Ipriteri Also the Applicant asses and roedifies that 1._lit Win coolly With requirements of he,prcoalisions'of'Idtne Unifforrn Relocation Assistarnce,and Real Property ,AcgaiisiGioans:A of 1970 Si=6 )Which provides Ar tat and equitable trea r n cofipeieoms,ni.sp aced as a (result Hof Federal and federelly-assisted programs. 2_Ilt will comply with previsions of Federal!law which!Hub certain jpalitica➢actiaiilies cif employees of a State or boat unit of government Whose(principal employment is in Conneclion My lfh an aetiiQity financed in whole or in [part by Federal grants.i,(51USC 1501„et sect 3.Ilt will comply With the minimum wage and maximum(hour's;provisions of the Federal Pair Labor Standards Act_ lit Will establish safeguards to(prohibit employees from using their;positions fora,purpose that is or gives the appearance of(being(motivated by a desire for private gain for themselves or others.,parlicularly those with whom they ey have family,[business,or:other ties_ 5.It will give the sponsoring agency or the Comptroller General,through any aritherized representative,access to and the e right to examine all records,bodes,papers,or documents related to the grant 6.It Will(comply with all requirements:imposed by the Federal sponsoring.agency concerning:special requirements of law,program requirements,and-other administrative requirements. 7..Ilt Will ensure that the facilities sunder 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 &the EPA(Office of Federal Activities indicating that a facility to be used in the;project isunder consideration for[listing by the EPA. 8.It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act 1973„PRibtic Law 93-234,,87 Stat.:976„approved(December 31, 1976,,Section 102(a) requires,on and after!March 2.,1975„the purohase 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 director[indirect Federal assistance. :9_It will.assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470),Executive Order 11593„and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of Investigations,as necessary,to identify;properties listed in or eligible for 50 indlUglian ilb the -.4:11:.-StereffliEititerlic Planes traders suittad de adverse affeds((see 36 CFR:Part 8011.in)) 110,;:rinsed-4AV,,and indifffing the IF:=Til era]graderagencyclfthe ettteirieB au suith pupates:and ilbyth) corraplying with:all nsciJf byte Federal]]]c agency do avelid Trait-gate adverse Telifeds IligliOnstath progenies 16.RIO«cc and assure the:mei- ]iofience ,t111 iiitts stahastipplients and WititratiterS,vial the applicaltile iirvidebeeeTifii e t etas:Omnibus:Crime Corbel and Safe Sheets Artt of 1968„as airrientied„the juvenile jugiiim;and Dignquancy prevention A.4],ta doe Vi*Tirna(mni Celime,Att,as qzpropiiittle;the pi13tibris of the current realiken To,;]the:Office elm:Ate PiPINSEMIS Finandiall and//2:',Itirraktittrailive(Snide fifer Grads,t871:Ton.1;and all ether applicaltle Federal him erialeas„ 11_thrall ampyth 4],e pn:ovialixas of 2Tz CFR applicable to grads and cooperative agreements inelltrifing Part 18„Addinittrailive Review:Proceritue;Part 20,Cdratinal Justice Ihrioran.i]Cen Systems;Part 22,Confidentiality of Ildeniffiabler-:eseardi and Staifitfical information;Part 23,Cringed Intelligence Systems:Qperafing Policies; Patt 30, ,;11:-.:10:ovemmerital Review of Department&Apatite Programs and Activities;:Part 42, NondiscriminationfEqual Employment Opportuhity POIes and Procedures;Part 61,,Procedures for implementing the National Environmental Prilicy,Ad;Part 63,Floodplain Management and Welland Retention Procedures;and Federal laws or regulations applicable to Federal AsSittance Programs_ 12.RAM!!comply,and all its:corilaradors comply„,'with the non-disctireinafion requirements of the Omnibus Crime Contra and Safe Streets Act:of1968,,as amended,42 USG 3789(d),:or:Victims of Crime Act(as appropriate);lime VI of the Civil Rights Ad 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 Ad of 1975;:Department Of.Justice Non-Discrimination Regulations.28:CFR Part 42,Subparts and G;and Department of Justice regtilefions on disability discrimination,28 CFR Part 35 and Part:39. 13.In the event a Federal or State court or Federal or State adniiriiStrative agency makes a finding Of discrimination after a due process hearing on the Grounds of face,cOlor,:religion,national origin,sex,or disability against a Sub-Recipient of funds,the StibReCipierit Will forward a copy of the finding to the Office for Chill Rights,Office of Justice Programs_ 14. It Will provide an Equal Employment:Opportunity Program if required to maintain one,where the application is for:$500„600 or more. 15.It:Will:comply With the provisions of the Coastal Barrier Resources Act(PA__97-348)dated°dither 19, 1982 (16 USC 3501 et seq.)Which prohibits the expenditure of most new Federal funds Within the units of the 'Coastal Barrier Resources System. 16..DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-Free Workplace Act of 1988,and implemented at 28 CFR Part 67.,Subpart F„for grantees,as defined at 28 CFR Part 67 Sections 67.615 and:67.620_ • 51 ,ATTACHMENT I MANDATORY CONTRACT PROVISIONS Prtrovisions: Amy brartreatt GT subcontract funrattilgi,by tile Agreement unmet contelra 141,1B ql,01telagle kom.(6)Tv/ire:rims stortinediöi ,Appentiiix ill to 2 C5JR_Part 2rom_ irs the Inesprwsli;,;rfir of ilk 9 srabqecililenit iiindurdie tbe (z1tujihred *Vs' inns. The•;LcavTision ito, iffoilfrotting serrigge provisions iialiitnra..y be ineguiiirred: • - 52 (OOM GlikkMee IFL App. lirk)32„,z,,...am„,ALat,:assurrantfiati 1150. anatertals 02T illthilas,nrntnanilty;a,vaillaIlD 21.41-51:411),'WhentramdradhyPederal prom= the isipan market,-or mantracts tear rITTEMInr- licetqattrm aI1 pt1rmo rimstructian iimitracts tat=or transnassinnaffin In amass ral 221100:awarded thy annt-Padanal ((IF) Melts to Inventions Tad Patter:a amatias must-taninde a proms=liar compli- Contract or.:Agreemoit.Tithe Palma award mom with the Ilitalas-Pacco Act(411 111,50. meets the defaution arl'Icruiltmramaannatt" 21.41-211.14,and 2142-2140)as kupplementad thy 'irmffor 27 4 W.,ot)and the rant:part am Department of labor tribittans(2) UFO slabractipient wishes(to enter linto amartrant Part z„-1t0thar Standards Provintans Algill- with a Fmaill lausine97 orolactumperifit cable to Ktantracts Peilwrally Pi- Moab.=ragardiat,tam sulstantion rat Ta.r- =Med and Assisted Ganstruntican,tinac-- ties,assignment or uparlormsmas ofazi2eat_ cordence with tate ntatate,contractors most manta, devekgmentad, or research mark traquired to Tay swamis Ito Ilabormsandsne- under that"lfanding amaament;"the irecapt- chart=int a irate aut Ism than the preveratng qatt or subrecaptent mast campy with the re- wages apacaltad in a wage determination qaironwritstraff270172.Part4fd, to In- made(by the Saaretary if Ifathor.In addition, wentbons Made thy tharpront(Organicalitons contratturs roost Ito!required to Tay wagas :and (Business Film12.5 TErnadar Govann- /Int(lass Ulm mod aIcrgek,Th°rnon-yadarall intact Gratts, (Contradla and (011(1.12421nitawa entity 3711Tht lijiRPP a madly of the-carreut Agreaments;"and any aumIlamenting ida- wrtThiywga daterranationissuadliy the De- ftarmitssuodityltileawardnigagizaicy. partment of Daher in ericitt millaitatton,The (13i)(111aan*ITAInt((42111:S.C.174111.47G71q.)and alacasion to award a moitratt or mibucialtaut the Fedoral.Water Pollitticee Oantral Act(22 Trynki-IA miTriffttlatligi upon the acceptanca if 111,50.Mi.--12117),as amended-Cacitructs and the wage thaterratmitlan.The adoration-ma ssthgradt of canconts(to amass of 1212011011 littiy TOMO!"rrapcat stiepoited or Imparted roust contain a tprowirston(that requires Eike wiatatioas the the Pecleral awarding agency. non-Paderal award to agree to-nrmnily aUth '03.9 1:funtracts must also+remind°a Provision all applicable -krandards.„(orders or rdo.ta_ Tar nomplamicte with the Ocrpeland tIrms Vxruld lauzstlant to no Cis=Mr Act glirarinrie" Art (4{1 2145),as InOnjkl- ((42 IIII.S111.740.1-416714)land tthe IPadartl Watar incanted(by Illepaatment of Labor regulations Pullin=lanitral Ant as amended 02 11/.50. 1(29 =1 Part 2, C-atatrattors and Sul- (I251-1307))„Whilations mustbe mpatted flee contractors an Piddle PuildtuF or PAM° lledarid,awarittng agancy and the IleMonal Work pincrertadin\Whale or in Path Illy Moans (Off= Of the Environmareal Pidteettan or Grants Trom the Meted State_S").The Ant AgencY(KM. provides that ,Each contractor or stab- (01)Mandatary standards and pennies Ira- reetplecat must he probibited Tram anclurrety, Intim, to any aantelarmy\venal are non- (by any means,any parson,employed in the tainad in:the state:energy conseryatim plan ,construndaraa,,nomplettoe,(or repair-cifpublie Issued tin tcampltance with the Energy Policy work, to taso.trp any part of the(camperma- and+CanzervatinnAct(42115,42.(I10U). than to Width the or She is other-Wise atitled. a)Debarment and&awns=:l.Paerniltve 'The man-Pederal--entity must report all sus- rOrders 12040 and.12080)—A contratt award pentad 13T.rgiltn:Wd violation to the Federal (see 2(OFit11110,20)roust not be made to Tar- awardrog:agency, ties listed on the tgamarnmentwide Pooluded (0) Cantract Work Hours and Safety Parties lest Syalan in -Syttem(for Award .'qtanffmrall Act 1(40 270/41700). 'Where Management(SAM),an accordance with the a/qdicahla,all(contra.M-s awarded(by the non- (GMB guldeltueg at 2 APB.420 that inplemant Pederel eniatt7 an excess of,3100000 111BI(In- Emanative 'Orders 12549 (3 CPR Part nes waive the onaployment ansolutnica,or labor- (Clamp., p.4110) 426119 iLia-1.„(Part TM am-out anclnde a provision for,complance (Comp..p.225),''`DeIanunant and Suspensktn:" with 40 11150.:2102 and:2704,as supplemented The Ir,srrituded Parties Otat-System an SAM by Departmant,of Tabor regulations(29 Dilit -contains the mamas of parties debarred,sus- (Part a),Undar 4.011,S0.:3702.of the Act,each Tended,or(otherwise rocciludedby:amanitas,as -contractor mutt The inquired to(computa the wall as parties declared inthgltla Oder Mat- :wages of ovary rmerantrac and laborer on the otary or:regulatory authority ether than Pa- tads nil:a standard work week(of 40 lours. uouttro leader 32549. Work In-amass-of±1.13 standard murk week is :(3) (Byrd Antl-ffaibbying Amendment porerrible provided that the-wurker corn- (i130. 1232)=Contractors that apply or and pulsated at a rate if less than one and a for an award of IMMO-or mars roast lE112 the halitaines Um basic rata of pay(for all hours required certification.Pact liar carttflas uvorkoil tin esuauss of 40 hours in the work the tier:Move that at will not and has oat wank'The trunirements of 40 113.50,2704 are mud Federal anutopriated(funds Ito pay may applicable to cmistoutticm work and provide parson or,reganizattro Tor Influent-rny ar at- that no (laborer or aneclomir must(to is- tempting to Influence an officer(or employee quired to ;mark in sorrntuidir_vs or undar army agancy,a insulter-Of TIongressoafficer waricmg tiondithms which are unsanitary, or employee old:to-amass,or an tanployee of a Imardous or dangerous,'Thase miquireraants member,of 17origrass an connection with lib- ido not apply to the purchases of supplies or taming any Paderral contract,grant or any 195 53 17c 967 4ss4soa,( I))BarnTtup in 111Butt Iss-x pmu :strop TTIl•iu,T 11n413n1j14uaPI[ Bores;aI pag3uasap,swan pa4uaatns pus paTadpu4,Ate%araucISra oas purr lea)goaawu[r etLg equgTaq;1p °4 sr ssetoad uatgirglgsulr us jn'sanall pg Tieuad'npaaap::pus mammas%son( sL)1 gtaaaroir atl4'pa)eal4oaG ILnaeesa:r suu sun yaauasav gaguIIti ep 'gr -qp%tllle a°'arm•stluirfaudi rsaa rag paa,tr'ql 'ma14n4T4s¢u etL'T uni4pttnjttrrlgauzIP 'squat'j°,uu14nriTtgl -nv ing lust i s sa gig;'aua4tt'Ti a°LguII s s� -sup etg uT st ip:stens pica a4 or pavanes; pearipascwa Tail sn'quesa nup)sulgl jm ssstdrnd as agl plump puraad essgl aqq;*puma AusuT 4uq anj `tto'a'ertoor niatrtantq tgdacp 'a°jr peguuonus `nalgBg3gsuu alto fat patgllq araual'LeasC; mg pug pa4a2pngt.fitorsrmfou gonr "draurfnbes UJ.tM epiauloa plputt ,Stumm pawned eagg, -um 'pus rlaasasex pazjusffan gom eau and. 'psaauouI eau sgsoo: ego t1PUlee. 2ulaupt Tag sai'tlal8as' Alasioqns. pus quomda1atem paged' eqq; sr sgsoa,WEE))gpaappus ja'wag `Trarresaa:sugeui rtolaasu.s untrau lucta ,(g)) -ngwstslp:ass parsed ea q R'•Poluadt ash, 'tr 'uollougguoigonagsut uoi3Ta4}a7sZCL�l asaa7Fk�)•� ergup gT apnlnuT Ag®quan tog d`rrucnoans s uapgussipsur ui r Qaufng naae'uolgatmj aot¢ar 'pagmausur g; peaaplsuua eg,Soar A4Tslgas:sug 'saidpo' peq;ea4PBg est/um::up.ssepmr,'spagmg:psaapaa -ttlud gsea eP2 pz sasadand.R '4lretue5IIu °T ,,elgvmtiLpuu4 ens tioTsi� jo, sgsto `sepq; earggmdtonan`gasaggus'guri Aglpotsllg_aq! was in seµtianita aat(gp,Attg sapirpuT aslg: -sa'A4rAA tuazra4 an p.uaruiq u aljlneds; trumut,,,o sI?l[E,•saswdae4tre;Aagllrlts agluatls; miters Oulu;r4 pun'unIIt 11L sn1:pelaslrc+d, (1) am gay pus'sumasuus uvi@l?td`smq.:nor l`sleds 'tlareesea,A4T ealnw`04 paaas; sasnotq Isola tgrrausgois quepils '2u4tuogr Bzaltm- 'des 'tloagasaat Islaa 1VdaP' eats S4Tnauj;'seaagaaLoag` sc e4g0e1Tpa,Ia4,4t umg:so A aufetm slg9;jn gaud paaepisuoo'cum 'stratum queput t'soluai:ut pus sl r-ii1 ouj`sn mj II°Iui'slp%uulsuagtaa�° aa,u°IstntPI grottos;aeuu 2uatL4p `slibtt Bonaplseu jot.443,„ecru,epulpu¢ -urns s Era gpus`s raIsWp'54131gdes 1131 SWIM sal4T sips 14no14?t4rttl aaalllut jpt sspi n aT,jr -4 g' tlulagans agluaam t na>tAli Paa9j30 •TruiE 4411'sat+uLatslerMaleS a bat net r�r{ra prat'sweat gTpaaa�u s no, pazlitcioads' [Erma ip pegYiosep: segitCasnrl atn e4anljiT511 ao ee:L`n'aP,tr P11322,01 Sggpaaa aroj samiasi peca{y(taedsr pug::sgsaa,( u)',gpaaTpn P6153313 ens Aeglgt aao atlm'sal4T•114ps 2u4uilr:rq; u l Fa'guarutffia y r'pttg tmTgsnTjTITrepi*tu vf1rJ pus 21.1.tII I SIPU1t Ult trrueo slgq;'q;unlgpa5; glad Zatsutrrn sun trT paup,pa selgral4 gus OI Papulaad srr Zu;UTsaL tlaasasau nog -ss p oar(jai)!gpsalpur::tonnes sun;ur ours Tdao unp4n4ro1:ns ju seTllalgps 2uirrl, t -Eggs`selqualgpg'peaosunds aar}a pug'wises Pull aulrlc 4 egg) Sue euII ual�rru7sul 's; -an pe 411 2LJ, 'tLn.Mil2 E lsgaanrgtsdsp> 'tutu :tttrres'ItIII Bl pa> aP,sssalltTmlgng lnuav8 -01:14s'atT[aujl an;g ip snT Mr TO'sa14TAT4 - aat7L4°!ptre seTTTasng'pai suodL aatLgpt -as us.swarm sama 'luump—s Itsur tatty-ED "PM °a`p�ps�tn' B°T�tngisuT no silo-soar 'sarasps I usIn4ptsos 1e0pn 7.107P1ILI.'t E fitkrOmPuunif laitALr'Z •or pazomnita ern LI=Aar:°gattddts;ammo 4p°tip It&a BOI4?t414suar ati;i;Ag1 t a s oapms ais: 'sgSQa'06:2Z ) ;slam/inns mug Atresa sa'aaAemnfirsnmat Iaulllait gr' sg�uadmuo, awt jot mmy uusip' -and aops aV Aip m°n put;sgrrefn1L1I aooa tau s a°J`unliggagsl I11Op Ir pi 0.411411,ariffiJO,EMT ttfl'C'arn eaxr sgpatoadl Lauer, was:In) -ptsSQI 11HI n°IgpesgOS'IES: 'AgTSIt1P ldt 1�TA saugau'gnagasur pazlg$ a Emumt poi nl L n u'T.m1P In' dgTenIas,ru1IQspm4SE �Itueggaaatlgnitarumipseta n aedIart*aataa -In us`gagaul peaasao3s ^mud a WM u3 tralf4 surrat ,PusSaauerias Li aapa i Allllll133131Deds,pun€ALlpsa v gag It1t1ptt age T°tM' tttmr pun rampalia Aril pauuautt sgtataad pasr eaq{aaertm pug:SaENnatqu Tug ao,unmmnts, smsatballs'ulaatmsaint mgra osnolr.m 7oym 1131 Wain=arts WILT esotlq;anus sgsoot CAPE.0 'gpasasaarpum aaula manzuray. 7p6a1Ltuii l'uutqual2u0 Siy.H ar Tg set uI(CV-x,D etl4 aaptmt tp cam peansmrdk gglm. parpgi 4paalPBi am)!gnaalpuT tlgTrdhm guar t -mum age gsntm`guaumnopt siR.q) sasndmd -P•i"DPT sT+ awu seQTA'OTrl' ptmd'ds sL'4J aux tpriaasat Sf1slammcn 'SBurr,� Iganui tpus: iavruma ttiljuuoAso ddaranasgllnffi'aapu1,nnl'lm4p'i - tu544AilaulT Pa4AruaouPtm'Puigi2PIt4alaq rr (MDtitt> tatSQ€3l -grit ens' gKER sasIZ44us;queutdoLan'ap$pus, 1321:a5IIBI atmiamns aassm 7I0HI hilYS, lip'agasear IEEE sunatm 1Lm913saa:d i tiA ( ) ---nammusa soca IBS;fif' -mu caw DIDIt 9 ']I sisota ((F!28i0) -DrrajrtmITa [a r41mirP$pnIP Urirat'msa14; am aur—uo; •ast><tta of 1iiif Xtt S7' -1'a l.atr ILa=SIML %pro'SIBEIL ITIMc VtenullaBELL - p1ITE 1 ma.=..014,4 at ss s5}T1711131&ME up; 3tw crWuuu ez ttgai salgrAtuns T ns;aralw(au utaxp wLoaga ,, pa aaooaa jai grraura¢noord=era,eap;(g)) -e�pale, a'puamumn)) senblugpe4 1Lnag55aa •psi,gut:pall-mar ate#oq dm mug ttT 5Ii5BPTeWBT ja'2ii ulpig at141111:4a4aalr I Sa141 °g aa141 tmaj;pepTRAVu)aaa,*_'sainsatvaw tgrag -I.+"'14ng-aepnlpistnaa"-I1;arllli,'sn iggziats2lo,psU 'karma !rlty Ii4T :11014p selpumth l aepaalaom LluW lg15pa5 Stp paaau -toot uA mug 1,d t,'p qxatu p3IEEP&,d-111112E undg eats 1, asT1Ta ttam quaa=ndnisa"tnr Tom; rut niattaoj Aus asalpslp;mum quirts.maq! zumasam 44'u su uteri 4nt1ray pawnind"(4I)) itog4'atim•Dfsidi TT,A4',pum ant paints slump