HomeMy WebLinkAbout2016-181 Contract Number: 17-BG-83-10-40-01-037
Catalog of State Financial Assistance (CSFA) #: 31.063
STATE-FUNDED GRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Indian River
County (hereinafter referred to as the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
The Division has the authority to grant these funds to the Recipient upon the terms and conditions
below; and,
The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
1. LAWS, RULES, REGULATIONS AND POLICIES
A. This Agreement involves"state financial assistance," as that term is defined in
section 215.97(2)(q), Florida Statutes.
B. Under this Agreement, the Division serves as the"State awarding agency" as that
term is defined by section 215.97(2)(p), Florida Statutes.
C. Under this Agreement, the term "Recipient", as defined by section 215.97(2)(n),
Florida Statutes, means a "nonstate entity that receives state financial assistance directly from a state
awarding agency."
D. As required by section 215.97(5)(a), Florida Statutes, this Agreement provides the
recipient with"information needed by the recipient to comply with the requirements of the Florida Single
Audit Act.
E. As required by section 215.971(1), Florida Statutes, this Agreement includes:
(1) A provision specifying a scope of work that clearly establishes the tasks that
the Recipient is required to perform.
(2) A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
(3) A provision specifying the financial consequences that apply if the Recipient
fails to perform the minimum level of service required by the agreement.
(4) A provision specifying that the Recipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
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(5) A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
(6) A provision specifying that any funds paid in excess of the amount to which
the Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
F. In addition to the foregoing, the Recipient and the Division shall be governed by all
applicable State and Federal laws, rules and regulations, including those identified in attachment titled:
Program Statutes, Regulations and Program Requirements. Any express reference in this Agreement to
a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies.
2. CONTACT
A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for
the Division shall:
(1) Monitor, verify and document Recipient performance; and,
(2) Review and document all deliverables for which the Recipient requests
payment.
B. The Division's Grant Manager for this Agreement is:
Teresa A. Warner
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-922-1637
Fax: 850-488-7842
Email: Teresa.warnerCcDem.myflorida.corn
C. The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
John King, Director
4225 43rd Avenue
Vero Beach, FL 32967-1671
Telephone: 772-567-2154
Fax: 772-5679323
Email: jkinq�ircgov.com
D. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
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3. TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
4. EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
5. MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
6. SCOPE OF WORK
The Recipient shall perform the work in accordance with the Program Budget and Scope
of Work/Deliverables of this Agreement.
7. PERIOD OF AGREEMENT
This Agreement shall begin July 1, 2016 and shall end on June 30, 2017, unless
terminated earlier in accordance with the provisions of Paragraph (16) of this Agreement. In accordance
with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this
Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement.
8. FUNDING
A. 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.
B. In accordance with Rule 27P-19.010(10), Florida Administrative Code, allowable
costs"shall be determined in accordance with applicable Federal Office of Management and Budget
Circulars." Therefore, 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Costs Principles,
and Audit Requirements for Federal Awards," shall apply to this Agreement.
C. This is a cost-reimbursement Agreement, subject to the availability of funds.
D. In accordance with Rule 27P-19.010(4), Florida Administrative Code, the Division will
reimburse the Recipient on a quarterly basis.
E. The Division will reimburse the Recipient only for allowable costs incurred during the
successful completion of required tasks outlined in attachment titled: Scope of Work/Deliverables.
Allowable costs are listed in the attachment titled: Allowable Costs and Eligible Activities.
F. The maximum reimbursement amount for the entirety of this Agreement is
$115,806.00. However, the amount of reimbursement is limited as follows:
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(1) Quarter 1 –no more than 70% of maximum reimbursement amount for this
Agreement;
(2) Quarter 2–an amount that, when combined with the Quarter 1
reimbursement, does not exceed 80% of maximum reimbursement amount for this Agreement;
(3) Quarter 3–an amount that, when combined with the Quarter 1 and Quarter
2 reimbursements, does not exceed 90%of maximum reimbursement amount for this Agreement.
G. Consistent with 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Recipient, which
reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is
true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the award. I am aware that any false,
fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil
or administrative penalties for fraud, false statements, false claims or otherwise."
H. The Division will review any request for reimbursement by comparing the
documentation provided by the Recipient against the allowable costs outlined in this agreement and
required deliverables.
I. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a "performance goal', which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Recipient"relate financial data to performance accomplishments of
the award."
J. The Division will reimburse the Recipient for overtime expenses in accordance with 2
C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe
benefits"). If the Recipient seeks reimbursement for overtime expenses for periods when no work is
performed (such as a collective barging agreement) due to vacation, holiday, illness, failure of the
employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division
will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and
services provided by employers to their employees as compensation in addition to regular salaries and
wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and
are required by law, Recipient-employee agreement, or an established policy of the Recipient. 2 C.F.R.
§200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to
employees during periods of authorized absences from the job, such as for annual leave, family-related
leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are
allowable if all of the following criteria are met:
(1) They are provided under established written leave policies;
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(2) The costs are equitably allocated to all related activities, including grant
awards; and,
(3) The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the Recipient.
K. The Division will reimburse the Recipient for travel expenses in accordance with 2
C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel
must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on
the approved state travel voucher. If the 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 Recipient must provide documentation that:
(1) The costs do not exceed charges normally allowed by the Recipient in its
regular operations as a result of the Recipient's written travel policy; and,
(2) Participation of the individual in the travel is necessary to the award.
L. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Recipient.
M. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
(1) Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
(2) Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
9. RECORDS
A. As a condition of receiving state financial assistance, and as required by sections
20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Chief Inspector General of the State of Florida, the
Division, the Department of Financial Services, 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 Recipient which are pertinent to this Agreement, in order to make audits, examinations,
excerpts, and transcripts. The right of access also includes timely and reasonable access to the
Recipient's personnel for the purpose of interview and discussion related to such documents. For the
purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors
or consultants to be paid from funds provided under this Agreement.
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B. The Recipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida Department of State.
Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-
archives/records-management/q en era I-records-schedu les/.
C. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's
governing board or the meetings of any subcommittee making recommendations to the governing board
may be subject to open government requirements. These meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance
with Chapter 119, Florida Statutes.
D. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
E. The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
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costs, in a form sufficient to determine compliance with the requirements and objectives of the Program
Budget and Scope of Work/Deliverables and all other applicable laws and regulations.
10. AUDITS
A. In accounting for the receipt and expenditure of funds under this Agreement, the
Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by Rule
10.554(1)(g)of the Rules of the Auditor General, GAAP are"those accounting principles generally
accepted in the United States of America, as defined by the GASB Codification of Governmental
Accounting and Financial Reporting Standards, Section 1000 The Hierarchy of Generally Accepted
Accounting Principles." As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting
standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting
Standards Board (FASB)."
B. When conducting an audit of the Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by Rule
10.554(1)(h) of the Rules of the Auditor General, GAGAS are"those audit standards set forth in the
publication Government Auditing Standards issued by the Comptroller General of the United States." As
defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted
government auditing standards issued by the Comptroller General of the United States, which are
applicable to financial audits."
C. As defined by section 215.97(2)(a), Florida Statutes, the term "audit threshold"
means"the threshold amount used to determine when a state single audit or project-specific audit of a
nonstate entity shall be conducted in accordance with" the Florida Single Audit Act. The current audit
threshold is $750,000.
D. As required by sections 215.97(2)(a) and 215.97(8)(a), Florida Statutes, "[e]ach
nonstate entity that expends a total amount of state financial assistance equal to or in excess of$750,000
in any fiscal year of such nonstate entity shall be required to have a state single audit, or a project-
specific audit, for such fiscal year in accordance with" the requirements of the Florida Single Audit Act and
in accordance with "additional requirements established in rules of the Department of Financial Services
and rules of the Auditor General." In determining the State financial assistance expended in its fiscal
year, the Recipient shall include all sources of State financial assistance, including State funds received
from the Division, other state agencies, and other nonstate entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
E. In accordance with section 215.97(8)(0, Florida Statutes, the Recipient shall have all
audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as
.an independent certified public accountant licensed under chapter 473." The independent auditor shall
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state that the audit complied with the applicable provisions noted above. The audit must be received by
the Division no later than nine months from the end of the Recipient's fiscal year.
F. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, then the Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Recipient of such non-
compliance.
G. If the Recipient expends less than $750,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. In the event that the Recipient expends less than $750,000 in state financial assistance in its
fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of
such an audit must be paid from the Recipient's resources obtained from other than State entities).
H. As required by section 215.97(5)(d), Florida Statutes, the Recipient shall provide the
Division with "one copy of each financial reporting package prepared in accordance with"the
requirements of the Florida Single Audit Act.
I. As defined by section 215.97(2)(e), Florida Statutes, the term "financial reporting
package" means the Recipient's "financial statements, Schedule of Expenditures of State Financial
Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan,
correspondence on followup of prior years' corrective actions taken, and such other information
determined by the Auditor General to be necessary and consistent with the purposes" of the Florida
Single Audit Act.
J. In addition to the information listed in paragraph 101 above, the financial reporting
package shall include a schedule of financial assistance specifically identifying all Agreement and other
revenue by sponsoring agency and Agreement number.
K. Copies of financial reporting packages required by the Florida Single Audit Act shall
be submitted by or on behalf of the Recipient directly to each of the following:
(1) The Division of Emergency Management at the following addresses:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle Audit(a-)em.myflorida.com
(2) The Auditor General's Office at the following address:
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Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
L. Additional information on the Florida Single Audit Act may be found at the following
website: https://apps.fldfs.com/fsaa/singleauditact.aspx.
11. REPORTS
A. The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
B. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
C. The close-out report is due 45 days after termination of this Agreement or 45 days
after completion of the activities contained in this Agreement, whichever first occurs.
D. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in paragraph 15 REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
E. The Recipient shall provide additional program updates or information that may be
required by the Division.
F. The Recipient shall provide additional reports and information identified in attachment
titled: Reports.
12. MONITORING
A. The Recipient shall monitor its performance under this Agreement, as well as that of
its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure
that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in attachment titled: Scope of Work/Deliverables to this
Agreement, and reported in the quarterly report.
B. In addition to reviews of audits conducted in accordance with paragraph 10 above,
monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope
audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that
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a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
13. LIABILITY
A. Unless Recipient is a State agency or subdivision, as defined in Section 768.28,
Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
B. Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result
in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
14. DEFAULT
A. If any of the following events occur("Events of Default'), all obligations on the part of
the Division to make further payment of funds shall, if the Division elects, terminate and the Division has
the option to exercise any of its remedies set forth in paragraph 15.
B. If any of the following occur, then the Division may make payments or partial
payments without waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
(1) Any warranty or representation made by the Recipient in this Agreement or
any previous agreement with the Division is or becomes false or misleading in any respect, or if the
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
(2) Material adverse changes occur in the financial condition of the Recipient at
any time during the term of this Agreement, and the Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division.
(3) Any reports required by this Agreement have not been submitted to the
Division or have been submitted with incorrect, incomplete or insufficient information;
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(4) The Recipient has failed to perform and complete on time any of its
obligations under this Agreement.
15. REMEDIES
A. If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(1) Terminate this Agreement, provided that the Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph 2 above;
(2) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(3) Withhold or suspend payment of all or any part of a request for payment;
(4) Require that the Recipient refund to the Division any monies used for
ineligible purposes under the laws, rules and regulations governing the use of these funds.
(5) Exercise any corrective or remedial actions, to include but not be limited to:
(a) Request additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance;
(b) Issue a written warning to advise that more serious measures may
be taken if the situation is not corrected;
(c) Advise the Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question;
(d) Require the Recipient to reimburse the Division for the amount of
costs incurred for any items determined to be ineligible; or,
(e) Exercise any other rights or remedies which may be available under
law.
B. 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.
C. If the Division waives any right or remedy in this Agreement or fails to insist on strict
performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division,
or affect the later exercise of the same right or remedy by the Division for any other default by the
Recipient.
16. TERMINATION.
A. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
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failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
B. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
C. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
D. In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
17. PROCUREMENT
A. The Recipient shall ensure that any procurement involving funds authorized by the
Agreement complies with all applicable state laws and regulations.
B. The Recipient shall maintain records sufficient to detail the history of any
procurement. These records will include, but are not necessarily limited to the following:
(1) Rationale for the method of procurement;
(2) Selection of contract type;
(3) Contractor selection or rejection; and,
(4) The basis for the contract price.
C. The Recipient shall maintain oversight to ensure that contractors perform in
accordance with the terms, conditions, and specifications of their contracts or purchase orders. In order
to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to
the Division, the progress of any and all subcontractors performing work under this Agreement.
D. If the Recipient chooses to subcontract any of the work required under this
Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive
or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation.
The Division shall review the solicitation and provide comments, if any, to the Recipient within three (3)
business days. While the 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 Recipient remains
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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 Recipient as quickly as
possible within the three (3) business day window outlined above. If the Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
(1) Terminate this Agreement in accordance with the provisions outlined in
paragraph 16 above; and,
(2) Refuse to reimburse the Recipient for any costs associated with that
solicitation.
E. If the Recipient chooses to subcontract any of the work required under this
Agreement, then the Recipient shall forward to the Division a copy of any contemplated contract prior to
contract execution. The Division shall review the unexecuted contract and provide comments, if any, to
the Recipient within three (3) business days. The Division will review the unexecuted contract for
compliance with all applicable procurement standards. The Division will not substitute its judgment for
that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a
subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the
subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's
review and comments shall not constitute an approval of the subcontract. Regardless of the Division's
review, the 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 Recipient as quickly as possible within the three (3) business day window outlined above. If the
Recipient executes a subcontract after receiving a communication from the Division that the subcontract
is non-compliant, then the Division may:
(1) Terminate this Agreement in accordance with the provisions outlined in
paragraph 17 above; and,
(2) Refuse to reimburse the Recipient for any costs associated with that
subcontract.
F. The Recipient agrees to include in any subcontract the following:
(1) The subcontractor is bound by the terms of this Agreement;
(2) The subcontractor is bound by all applicable state and federal laws and
regulations; and,
(3) The subcontractor shall hold the Division and Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
13
G. The Recipient shall maintain written standards of conduct covering conflicts of
interest and governing the actions of its employees engaged in the selection, award and administration of
contracts.
H. The Recipient shall conduct any procurement under this agreement in a manner
providing full and open competition. Accordingly, the Recipient shall not:
(1) Place unreasonable requirements on firms in order for them to qualify to do
business;
(2) Require unnecessary experience or excessive bonding;
(3) Use noncompetitive pricing practices between firms or between affiliated
companies;
(4) Execute noncompetitive contracts to consultants that are on retainer
contracts;
(5) Authorize, condone, or ignore organizational conflicts of interest;
(6) Specify only a brand name product without allowing vendors to offer an
equivalent;
(7) Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
(8) Engage in any arbitrary action during the procurement process, or,
(9) Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
I. The Recipient shall not use a geographic preference when procuring commodities or
services under this Agreement.
J. The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed
bids) in accordance with section 287.057(1)(a), Florida Statutes.
K. The Recipient shall conduct any procurement involving requests for proposals (i.e.
competitive proposals) in accordance with section 287.057(1)(b), Florida Statutes.
L. For each subcontract, the Recipient shall provide a written statement to the Division
as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida
Statutes.
18. ATTACHMENTS
A. All attachments to this Agreement are incorporated as if set out fully.
B. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
14
C. This Agreement has the following attachments:
(1) Exhibit 1 - Funding Sources
(2) Attachment A— Program Budget
(3) Attachment B—Scope of Work/ Deliverables
(4) Attachment C —Allowable Cost and Eligible Activities
(5) Attachment D— Reports
(6) Attachment E—Program Statutes, Regulations and Program Requirements
(7) Attachment F—Justification of Advance Payment
(8) Attachment G—Warranties and Representations
(9) Attachment H—Certification Regarding Debarment
(10)Attachment I —Reporting Forms
19. PAYMENTS
A. Any advance payment under this Agreement is subject to Section 216.181(16),
Florida Statues. All advances are required to be held in an interest-bearing account and any interest
earned is excess funds and must be returned to the State or applied against what is owed. If an advance
payment is requested, the budget data on which the request is based and a justification statement shall
be included in this Agreement as attachment titled: Justification of Advance Payment. Attachment titled:
Justification of Advance Payment will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds. No advance shall be accepted for
processing if a reimbursement has been paid prior to the submittal of a request for advanced payment.
After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
B. Invoices shall be submitted quarterly and shall include the supporting documentation
for all costs of the project or services as well as compliance with the deliverables. The final invoice shall
be submitted within forty-five (45) days after the expiration date of the agreement. An explanation
of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division
grant manager as part of the Recipient's quarterly reporting as referenced in paragraph 6 of this
Agreement.
C. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to
make any further payment of funds shall terminate, and the Recipient shall submit its closeout report
within thirty days of receiving notice from the Division.
15
All payments relating to the Agreement shall be mailed to the following address-
Attn: Finance Dept.
Indian River County
1801 271h Street
Vero Beach, FL 32960
20. REPAYMENTS
A. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management', and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
B. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Recipient shall pay the Division a service fee of$15.00 or 5% of the
face amount of the returned check or draft, whichever is greater.
21. MANDATED CONDITIONS
A. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
B. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule. or is unenforceable, then the provision
shall be null and void to the extent of the conflict. and shall be severable, but shall not invalidate any other
provision of this Agreement.
C. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
16
D. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
E. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
F. Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
(2) Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph
21 F(3) of this certification; and
(4) Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
G. If the Recipient is unable to certify to any of the statements in this certification, then
the Recipient shall attach an explanation to this Agreement.
H. In addition, the Recipient shall send to the Division (by email or by facsimile
transmission)the completed attachment titled: "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" for each intended subcontractor which Recipient plans to
fund under this Agreement. The form must be received by the Division before the Recipient
enters into a contract with any subcontractor.
I. All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
17
J. The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Florida Statutes, which the Recipient created or received under this Agreement.
K. If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
L. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
M. All expenditures of state financial assistance shall be in compliance with the laws,
rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference
Guide for State Expenditures.
22. LOBBYING PROHIBITION
A. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
B. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
23. COPYRIGHT, PATENT AND TRADEMARK
A. EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED
BY THE RECIPIENT TO THE STATE OF FLORIDA.
B. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
C. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in 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, or other copyrightable
18
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
D. Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
E. If the Recipient qualifies as a state university under Florida law, then, pursuant to
section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient
shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made
jointly by one or more employees of both parties hereto, each party shall have an equal, undivided
interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-paid,
nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or
trademarked work products, developed solely by the Recipient, under this Agreement, for Florida
government purposes.
24. LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: INDIAN RIVER COUNTY
APPROVED
so:
Name and title: Bob Solari. Chairman
o;
Date: October 18 2016 c :'o
FID# 59-6000674 Count Ad iinistrator
RIVER���`.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT Attest: Jeffrey R. Smith, Cle k of
Court d Comptr er
v/
By
By: eputy Clerk
Name and Title: Jonathan Lord. Deputy Director
Date: i 11�/�G APPROVED AS TO FOR
AND LEGA U 1 IE
BY
WILLIAM K. DEBRAAL-
DEPUTY COUNTY ATTRNEY
20
EXHIBIT— 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State project provide the same
information shown below for each State project and show total state financial assistance awarded that is
subject to Section 215.97, Florida Statutes.
State Project-
State awarding agency: Division of Emergency Management
Catalog of State Financial Assistance title: Emergency Management Programs
Catalog of State Financial Assistance number: 31.063
$115,806.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 27P-19, Florida Administrative
Code.
Eligible activities for these funds are limited to salaries and expenses relating to maintaining and
enhancing county emergency management plans and programs.
Eligible recipients for these funds are limited to the 67 Florida counties.
NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
21
Attachment A
Program Budget
• Funding from the Emergency Management Preparedness and Assistance Trust Fund is intended for
use by the Recipient to perform eligible activities as identified in this agreement and programs that
are consistent with State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida
Statutes).
• Below is a general budget which outlines eligible categories and their allocation.
• The transfer of funds between the categories listed in the Program Budget is permitted. If funds need
to be moved in categories, send a revised Program Budget to your grant manager.
Amount
Grant i Recipient Agency Categoryilk Allocated
Organizational Expenditures $105 806 00
FY 2016-2017 Planning Expenditures
Emergency Management INDIAN RIVER COUNTY
Preparedness and
Training Expenditures
Assistance Grant
Exercise Expenditures
Equipment Expenditures
I
Management and Administration
Expenditures (no greater than 5%)
1 Awa
The Emergency Management Accreditation Program (EMAP) will assess the County for compliance of the
64 Emergency Management Standards.
EMAP Accreditation $10,000.00
Total Agreement Amount $115,806.00
22
Attachment B
Scope of Work/ Deliverables
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
provided to enhance county emergency management plans and programs that are consistent with the
State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6,
Florida Administrative Code and Chapter 252, Florida Statutes). EMPA Base Grant costs are divided into
the following categories: organizational, planning, training, exercise, equipment, and management
and administration. Eligible activities are outlined in Allowable Costs and Eligible Activities. This Scope
of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that
each county has a unique geography, faces unique threats and hazards, and serves a unique population.
The intent of the EMPA Base Grant Agreement is to provide each county with the means to successfully
manage and operate an Emergency Management Program. Counties must be able to prepare for,
respond to, recover from, and mitigate against natural and man-made disasters/ emergencies.
Each Emergency Management staff person must work the number of hours and assume the
responsibilities for the duties in their official position description as well as provide the
coordination and support for all incidents within their jurisdiction.
By signing this Agreement, the Recipient certifies that it will use the award to enhance its Emergency
Management Program.
Monitoring: Monitoring may be accomplished through either a desk-based review or on-site monitoring
visits, or both. Monitoring will involve the review and analysis of the financial, programmatic,
performance, compliance and administrative processes, policies, activities, and other attributes of each
county and will identify areas where technical assistance, corrective actions and other support may be
needed.
Desk monitoring is the review of projects, financial activity and technical assistance between the Division
and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the recipient agencies
by a Division representative who examines records, procedures and equipment.
The Division may request additional monitoring/information if the activity, or lack thereof, generates
questions from the region, the sponsoring agency or Division leadership. The method of gathering this
information will be determined on a case-by-case basis.
Procurement: All Procurement transactions will be conducted in a manner providing full and open
competition and shall comply with the standards articulated in Chapter 287, Florida Statues and any local
procurement policy (whichever is most stringent).
Piggy-backing: The practice of one agency using the procurement/agreement of another agency is
called piggybacking. The existing contract must contain language or other legal authority authorizing third
parties to make purchases from the contract with the vendor's consent. The terms and conditions of the
new contract, including the scope of work, must be substantially the same as those of the existing
contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods
23
or services. An agency may not use the preexisting contract merely as a"basis to begin negotiations" for
a broader or materially different contract. Only piggy-back agreements that meet all requirements as
outline in the Recipient shall be allowable.
At a minimum the County is to successfully complete the following tasks throughout the contract period to
ensure compliance and coordination with the state emergency management. Quarterly Tasks (Form 1B)
will need to be provided each quarter to show completion or working towards the completion of each task.
Items will also be reviewed during the mid-year and end-of year progress report prepared in conjunction
with the Division's Regional Coordinator to validate compliance. All back-up documentation listed below
shall be uploaded to the Division's Sharepoint portal, https://portal.floridadisaster.org
Task(s):
1. 24-7 Operations and Statewide Mutual Aid. The minimum acceptable standard for payment is to
maintain a 24-7 operation. The County Emergency Operation Center must be able to operate within
the minimum acceptable standard to maintain a 24-7 operation, 7 days a week. Monthly
acknowledgement during the State Watch Office's monthly communication test from either NAWAS,
EMNet Voice Manager, EMnet Message Manager, or via landline phone if the aforementioned
systems are reported to the SWO as inoperable. Additionally, Recipients are required to participate
in the Statewide Mutual Aid agreement (27P-19.006).
2. All Emergency Management personnel. Each quarter must provide Quarterly Tasks (Form 1 B) to
show you are able to maintain a minimum level of capability. Submit current EMAP accreditation
certification OR for each emergency management position, provide certificates for the following
training via SharePoint and/or SERT TRAC:
• IS 100— Introduction to Incident Command System
• IS 200—ICS for Single Resources and Initial Action Incidents
• IS 700—National Incident Management Systems (NIMS)
• IS 800— National Response Framework
3. Local Budget Match -At a minimum in order to ensure compliance with Rule 27P-19.011, the
Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency
at an amount equal to either: (1)the average of the previous three years' level of county general
revenue funding of the Recipient's Emergency Management Agency; or(2)the level of funding for the
Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower(Rule
27P-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services,
emergency medical services, law enforcement, criminal justice, public works or other services outside
the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be
included in determining the"level of county funding of the Recipient's Emergency Management
Agency." The Recipient shall certify compliance with Rule Chapter 27P-19, Florida Administrative by
its execution of this Agreement, and as a condition precedent to receipt of funding.
The Local Budget Match Requirement Form shall be completed and sent when the Local County
Budget is approved or no later than November 15, 2016. The County shall provide a copy of the
current Emergency Management Local Budget(General Revenue) with the form. If the County's
current budget is lower than the previous year, or the average of the last three years, the county is
required to request a Waiver no later than 45 days after the county budget is approved.
24
4. Coordination and Collaboration -Utilizing the elements below, county emergency management
agencies will have an ongoing process that provides for coordinated and collaborated input in the
preparation, implementation, evaluation and revision of emergency management programs.
A) Need to attend at least three events below and provide an agenda or a copy of the certificate to
show participation during this contract period (July 1, 2016—June 30, 2017):
• Quarterly Regional Coordination Meetings—submittal of agenda is NOT required
• Current Issues in Emergency Management (CIEM)—submittal of certification is NOT
required
• Florida Governor's Hurricane Conference or National Hurricane Conference
• Florida Emergency Preparedness Association Annual Meeting
• Florida Emergency Preparedness Association Mid-Year Work Session
• Local Mitigation Strategy (LMS) Workshops
• Professional Development Conferences & Training
B) Designate a local emergency management stakeholder advisory committee that meets at least
annually to provide input program preparation, implementation, evaluation and revision.
Agenda(s) and sign-in sheet(s) should be uploaded to the Division's SharePoint portal,
https:Hportal.floridadisaster.org during this contract period (July 1, 2016—June 30, 2017).
C) County must develop and maintain a multi-year strategic plan in coordination with their local
emergency management stakeholder advisory committee. Plans must be uploaded to the
Division's SharePoint portal, https://portal.flgridadisaster.org during this contract period (July 1,
2016—June 30, 2017).
5. Exercise-To ensure that each county emergency management agency maintains a comprehensive,
all hazards training and exercise program to evaluate and test all aspects of the local emergency
management system including activation of the county EOC, during this contract period (July 1, 2016
—June 30, 2017), the county must:
A) Participate in the annual Statewide Hurricane Exercise: Within 90 days of completion submit
an After Action Report (AAR) to include an Improvement Plan and roster of participant and
participate in at least one (1)conference call. This documentation must be distributed to the local
stakeholders and uploaded to the Division's SharePoint portal, https://porta1.floridadisaster.org-1
and
B) For all exercises not conducted by the State: Within 90 days of completion submit an After
Action Report (AAR) to include an Improvement Plan and roster of participants. This
documentation must be distributed to the local stakeholders and uploaded to the Division's
SharePoint portal, https://portal.floridadisaster.org.
6. Geographical Information -Emergency services data must be developed, maintained, and updated
in cooperation between counties and the Division. A data export will be created for each county and
uploaded to the Division's SharePoint portal, https://portal.floridadisaster.org. Updates and corrections
must be provided to the Division's GeoSpatial Information Systems (GIS) section on or before April
15, 2017. This must include:
A) Location and attribute information of all fire rescue, law enforcement, public safety and
emergency service stations must be reviewed and updated as needed.
B) Location and attribute information of other critical facilities as deemed necessary by the county
Emergency Manager.
25
Attribute information for spatial data requested must include: facility name, facility type, physical
address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is
required).
NOTES:
• Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted.
Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to
the SharePoint portal.
• If a county maintains a GIS data download website, that URL may simply be provided.
• If counties have no changes since the last agreement period, a statement of"no change" must be
submitted via the SharePoint portal.
• Critical facility inventory spreadsheets provided will contain more facility types than are required
to be reviewed.
7. Logistics-The County must maintain a comprehensive Logistics Management program that
continually improves their capacity and capability to meet local emergency management needs and
involves pre-disaster, systematic identification of total resource requirements, asset availabilities and
shortfalls that will require outside assistance, for non-catastrophic, recurring events. From this
analysis the county must identify local resources (business, NGO, local municipalities)that address
emergency needs, and develop local agreements and contracts for goods and services to the extent
possible. The following must be uploaded to the Division's SharePoint portal,
https://portal.floridadisaster.org, no later than June 1, 2017.
A) An updated County Logistics strategy/plan that is consistent with recommended guidance found
in the County Logistics and Points of Distribution (POD) Standard Operating Guide (SOG) (CEMP
2355 of 2006).
B) The strategy/plan must also include, but is not limited to the following:
• County Logistics Section organization and partners
• Mission Management Process of identifying necessary resources (people/teams,
locations/facilities, equipment and commodities; and how the county accesses and
dispatches those resources (Contracts, MOU's, Mutual Aid, State Assistance, Federal
Assistance)
• County Government Emergency Fuel Strategy
• How the County coordinates with private business and industry in meeting emergency
community resource needs
• List of local vendors, with which the County has a Memorandum of Agreements or contracts
that will provide resources in an emergency (Can be an Annex to the Plan and need only be
updated every three years)
• Location, survey forms and attributes information for County Logistical Staging Areas (Can be
an Annex to the Plan and need only be updated every three years)
• Location and attribute information for County Points of Distribution (POD) sites and Comfort
Stations (Can be an Annex to the Plan and need only be updated every three years)
8. Shelter Survey and Retrofit Program —In accordance with Florida's statewide hurricane shelter
space deficit elimination program, the following must be uploaded to the Division's SharePoint portal,
https://portal.floridadisaster.org no later than May 1, 2017. All information must be verified by the
county.
A) Identify potential hurricane shelter retrofit projects or report that there are no new identified
projects. (This information is used to compile the Shelter Retrofit Report.)
26
B) Report all hurricane shelter retrofit projects that are undertaken, regardless of funding source(s)
or report that there are no projects.
C) Develop and submit a strategy to ensure that by June 1, 2017, all designated Special Needs
Shelters (SpNS) have a standby power system or capability with adequate capacity to support
life-safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary
medical equipment. For those designated SpNS facilities without a permanently equipped
standby electric generating capacity, a locally sourced and acquired temporary electric generator
with adequate capacity to support the standby power system requirements must be provided.
D) Develop and submit a strategy to ensure that by June 1, 2017, there is adequate designated
SpNS client space capacity to meet the anticipated five-year demands as determined by the 2016
Statewide Emergency Shelter Plan (January 31, 2016). All designated SpNS facilities must at a
minimum meet the hurricane safety criteria established in the American Red Cross Standards for
Hurricane Evacuation Shelter Selection (ARC 4496) and be equipped with an adequate standby
electric power system or capability as described in item 5.C. above.
E) Update and submit a hurricane shelter deficit reduction progress reports, which include"as-is",
retrofit and Enhanced Hurricane Protection Areas (EHPA) construction. (This information is used
to compile the Shelter Retrofit Report.)
F) Provide a brief report on results of the year's coordination with school boards, community
colleges and universities(as applicable)for implementation of the statutory and code required
Public Shelter Design Criteria (a.k.a. EHPA). The most recent published Statewide Emergency
Shelter Plan can provide guidance for implementation of the EHPA criteria. A checklist to provide
this information will be made available on the Division's SharePoint Portal.
9. EMAP—Emergency Management Accreditation Program
Assessors from the Emergency Management Accreditation Program assessed Indian River
County Emergency Management program and found it compliant of all 64 standards of the
Emergency Management Standard. The assessment standards include such categories as Program
Management, Laws and Authorities, Prevention and Security, Facilities, Crisis Communications,
Public Education, Operations and Procedures, Training, Exercises and Evaluations and Corrective
Action.
The EMAP accreditation procedure is a voluntary national process for local, state, private and
non-profit emergency management programs. The programs are accredited for a term of five years
and must report ongoing compliance to all national standards annually.
EMAP encompasses all aspects of emergency management and is certified by the American
National Standards Institute (ANSI). It was developed by emergency management professionals to
have a measurable evaluation system, nationally recognized standards, comprehensive
programmatic framework and self-and peer-review.
County is to provide the following to receive $10,000.00 for receiving EMAP accreditation:
• Invoice for$10,000.00 on County Letterhead to process payment
• County Annual Report
• Confirmation of Receipt Memo from EMAP
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Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a
quarterly basis for the documented allowable costs incurred during the successful completion of the
task(s) required to be performed in that quarter. Additionally, the submission of the certified Quarterly
Tasks form is required.
Financial Consequence
Failure to successfully complete each of the required tasks, as outlined in the identified quarter(s), will
result in a reduction of the Agreement amount by 10% per quarter.
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Attachment C
Allowable Cost and Eligible Activities
I. Categories and Eligible Costs
FY2016-2017 allowable costs are divided into the following categories: organizational, planning,
training, exercise, equipment, and management and administration.
Eligible cost are those direct costs in the following categories.
A. Organization
EMPA Program funds may be used for all emergency management operations, staffing, and other
day-to-day activities in support of emergency management. Personnel costs, including salary,
overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPA
program funds.
The quarterly minimum acceptable standard is to have the qualified staffing level for the county based
upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff
person must be available to work the number of hours and assume the responsibilities for the duties
in their official position description as well as provide the coordination and support for all incidents
within the jurisdiction on a 24 hour basis.
Personnel costs 27P-11.004, 27P-11.0061
(1) Counties with populations of 75,000 or more must have a full time emergency management
director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency
management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the
Governor by executive order or rule, are encouraged to have a full time director, but, must, as a
minimum, have an emergency management coordinator who works at least 20 hours a week in that
capacity. "Full-time Emergency Management Director' means a single professional emergency
management program Administrator working full-time as identified in the position description
established by the governing body of the jurisdiction.
(2) The county must have an emergency management program which has been approved by the
Division of Emergency Management. Program approval will require: compliance with appropriate
federal and state laws, rules and regulations; satisfactory completion of work elements of the previous
year; and, a current proposal containing work elements commensurate with the needs of that county
and a proposed budget.
Mandatory Training Requirements for Emergency Management employees
All Emergency Management personnel shall complete the following training requirements and record
proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. The
Quarterly Tasks from is due every quarter with your quarterly financial report. This is to identify all
employees, the completion of the required training (or working towards completion) during the
agreement period.
Eligible "Organization" items include, but are not limited to:
• Salary and Benefits
• Expenses
• Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite)
• Internet Service
• Maintenance Agreements for equipment or services (reimbursement can only be claimed for
services within the Agreement period)
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• General Office Supplies
• Dues and Conference Travel as it relates to the Scope of Work
• Software and upgrades
• Publications and Training Materials
• Postage
• Apparel for identification of Emergency Management Staff in the field
• Fuel for Emergency Management vehicles
• Food/Beverages for activations (must have Governor's Executive Order or a declared Local State
of Emergency or prior approval from DEM/DFS)
• Travel to/from meetings and conferences related to emergency management
• Travel to training and/or exercises related to emergency management
• Other Personal/Contractual Services
• Reimbursement for services by a person(s) who is not a regular or full time employee filling
established positions. This includes but is not limited to, temporary employees, student or
graduate assistants, fellowships, part time academic employment, board members,
consultants, and other services.
• Consultant Services require a pre-approved Contract or purchase order by the Division.
Copies of additional quotes should also be supplied when requesting pre-approval. These
requests should be sent to the grant manager for the Division for review.
B. Planning
Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline
for determining potential threats and hazards, required capabilities, required resources, and
establishes a framework for roles and responsibilities. Planning provides a methodical way to engage
the whole community in the development of a strategic, operational, and/or community-based
approach to preparedness.
Plans should have prior review and approval from the respective DEM program area. Funds
may not be reimbursed for any plans that are not approved.
Program funds may be used to develop or enhance emergency management planning activities.
Some examples include:
• Emergency Management/Operation Plans
• Communications Plans
• Continuity/Administrative Plans
• Whole Community Engagement/Planning
• Resource Management Planning
• Evacuation planning
• Recovery Planning
• Credentialing and Validation
C. Training
Program funds may be used for a range of emergency management-related training activities to
enhance the capabilities of local emergency management personnel through the establishment,
support, conduct, and attendance of training. Training activities should align to a current, Multi-Year
TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can
be found at http://www.fema.gov/exercise. Training should foster the development of a community
oriented approach to emergency management that emphasizes engagement at the community level,
strengthens best practices, and provides a path toward building sustainable resilience.
Allowable training-related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to
administering the training: planning, scheduling, facilities, materials and supplies, reproduction of
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materials, and equipment. Training should provide the opportunity to demonstrate and validate
skills learned, as well as to identify any gaps in these skills. Any training or training gaps,
including those for children and individuals with disabilities or access and functional needs,
should be identified in the Multi-year TEP and addressed in the training cycle. States are
encouraged to use existing training rather than developing new courses. When developing new
courses states are encouraged to apply the Analysis Design Development and Implementation
Evaluation (ADDIE) model for instruction design.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of attendance at approved training courses and
programs are allowable. These costs are allowed only to the extent the payment for such services
is in accordance with the policies of the state or unit(s) of local government and has the approval
of the state. In no case is dual compensation allowable. That is, an employee of a unit of
government may not receive compensation from their unit or agency of government AND from an
award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may
benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by
employees who are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff or
contractors/consultants may be hired to support direct training-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local
government and have the approval of the state.
• Certification/Recertification of Instructors. Costs associated with the certification and re-
certification of instructors are allowed. States are encouraged to follow the FEMA Instructor
Quality Assurance Program to ensure a minimum level of competency and corresponding levels
of evaluation of student learning. This is particularly important for those courses which involve
training of trainers.
D. Exercises
Allowable exercise-related costs include:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs
related to planning, meeting space and other meeting costs, facilitation costs, materials and
supplies, travel, and documentation. Recipients are encouraged to use free public
space/locations/facilities, whenever available, prior to the rental of space/locations/facilities.
Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to
identify any gaps in these skills. Gaps identified during an exercise including those for children
and individuals with disabilities or access and functional needs, should be identified in the AAR/IP
and addressed in the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part—time staff may be
hired to support direct exercise activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the state or unit(s) of local government and have the approval of
the state. The services of contractors/consultants may also be procured to support the design,
development, conduct and evaluation of exercises.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of time spent on the design, development and
conduct of exercises are allowable expenses. These costs are allowed only to the extent the
payment for such services is in accordance with the policies of the state or unit(s) of local
government and has the approval of the state. In no case is dual compensation allowable. That
is, an employee of a unit of government may not receive compensation from their unit or agency
of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even
though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by
employees who are on travel status for official business related to the planning and conduct of the
exercise activities.
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• Supplies. Supplies are items that are expended or consumed during the course of the planning
and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective
equipment).
• Implementation of HSEEP. This refers to costs related to developing and maintaining an
exercise program consistent with HSEEP.
• Other Items. These costs are limited to items consumed in direct support of exercise activities
such as the rental of space/locations for planning and conducting an exercise, rental of
equipment, and the procurement of other essential nondurable goods. Recipients are encouraged
to use free public space/locations, whenever available, prior to the rental of space/locations.
Costs associated with inclusive practices and the provision of reasonable accommodations and
modifications that facilitate full access for children and adults with disabilities are allowable.
Unauthorized exercise-related costs include:
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g.,
construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The
only vehicle costs that are reimbursable are fuel/gasoline or mileage.
• Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise
conduct (e.g., electronic messaging signs)
• Durable and non-durable goods purchased for installation and/or use beyond the scope of
exercise conduct
E. Equipment
Eligible items include but not limited to:
• Computers, printers, copiers and fax machines
• Radios, satellite telephones and other communications equipment
• Furniture for Emergency Management Offices and Emergency Management Operations
Center
• Shelving for storage of Emergency Management equipment
• Vehicles for Emergency Management Program (prior approval required)
• Repairs to the County Emergency Management Operations Center
• Out buildings for storage of Emergency Management Equipment
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators
Recipients will be responsible for obtaining and maintaining all necessary certifications and licenses
for the requested equipment.
F. Management and Administration (M&A)
M&A activities are those defined as directly relating to the management and administration of EMPA
Program funds, such as financial management and monitoring. It should be noted that salaries of
state and local emergency managers are not typically categorized as M&A, unless the state or local
EMA chooses to assign personnel to specific M&A activities.
Indirect Costs
Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414.
Il. Consultant Services require a pre-approved Contract or purchase order by the Division. Copies of
additional quotes must be submitted for pre-approval. If Recipient chooses to contract any work, the
services must be approved by the Division prior to execution of contract. Contractual agreements
should include language that clearly establishes tasks in the scope of work, have quantifiable units of
deliverables, have minimum level of service and financial consequences. Services should have prior
32
review and approval from the respective DEM state program. Funds may not be reimbursed for any
plans that are not preapproved by the Division.
III. Maintenance and Service Agreements:
Timeframes for Maintenance and Service contracts are at the discretion of the county. However,
reimbursement can only be claimed for services provided within the current Agreement period.
These contracts cannot be rolled over from year to year. The procurement process must be repeated
once the contract period ends and all renewals have been exhausted.
IV. Construction and Renovation
Construction and renovation projects are allowable under the EMPA Program. Written approval must
be provided by the State prior to the use of any program funds for construction or renovation.
V. Eligibility Requirements:
Rule 27P-19.004, Florida Administrative Code (F.A.C.) requires Counties to certify their commitment
to employ and maintain either a Full-time Director or Part-time Coordinator.
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Attachment D
Reports
Recipient must provide the Division with quarterly financial reports, mid-year and end-of-year summary
progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out
report. Reporting Forms are located in attachment titled: Reporting Forms and can be found on the
Division internet site.
A. Quarterly financial reports are due to the Division no later than thirty days after the end of
each quarter of the program year; and must continue to be submitted each quarter until
submission of the final close-out report. The ending dates for each quarter of this
program year are September 30, December 31, March 31 and June 30.
The Recipient must provide the Division with full support documentation for the quarterly
financial reports. To eliminate large files and mailings, the Division will accept back up
documentation on a CD if desired by the county.
• Salaries: Includes, but is not limited to, a copy of the payroll register. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay (highlight,
underline or circle expenses being claimed). Counties can also provide a spreadsheet
showing the breakdown, an extract from their payroll system or payroll summary sheet
(optional). Timesheets (if applicable), if an individual for whom reimbursement is being
claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will
be acceptable. Proof of payment with canceled checks or check/payroll registers as backup
for both State and Federal Agreements with the Division if canceled checks are not available.
Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid
on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states
that fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception:
Governmental entities are not required to provide check numbers or copies of checks for
fringe benefits.
• OPS/Contractual Services: Includes, but is not limited to copies of contracts, MOUs or
agreements with consultants or sub-contractors providing services, payroll registers,
timesheets and copies of checks/proof of payment for temporary employees, student or
graduate assistants, fellowships, part-time academic employment, etc. Invoice detailing
services performed and a copy of proof of payment (i.e., canceled checks, general ledger
showing deducted expenditure, etc.)
• Expenses: Must include a copy of the invoice/receipt and proof of payment in the form of a
canceled check or ledger showing amount deducted from county fund.
c If training/exercise is provided by contractor, an agenda, training materials, exercise
materials and copies of sign-in rosters of attendees should be included. If planning is
provided then will need copies of planning materials and work products (i.e., meeting
documents, copies of completed plans, etc.)
• For travel and conference activities, copies of all receipts must be submitted (i.e.,
airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel/conference. If conference,
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a copy of the agenda must be provided. Proof of payment is also required for all
travel and conferences. If the County chooses to use their local travel for
reimbursement, then the approved local policy MUST be included with every quarter
reimbursement that they are requesting travel.
• OCO: Includes but is not limited to a copy of the vendor invoice/receipt and proof of payment
in the form of a check or ledger showing payment deduction.
• FCO: Includes but is not limited to a copy of the vendor invoice/receipt and proof of payment
in the form of a check or ledger showing payment deduction.
• If cancelled checks are NOT available, copies of the general ledger MUST be provided.
B. The Quarterly Tasks form is due with your quarterly financial report each quarter. This
form identifies all Emergency Management personnel's required training completed (or
working towards completion) during the agreement period.
C. In order to ensure compliance with Rule 27P-19.011, the Local Budget Match Requirement
Form shall be completed and sent when the Local County Budget is approved or no later
than November 15, 2016. The County shall provide a copy of the current Emergency
Management Local Budget (General Revenue)with the form. If the County's current
budget is lower than the previous year, or the average of the last three years, the county is
required to request a Waiver no later than 45 days after the county budget is approved.
D. In a format provided by the Division, a proposed staffing summary must be submitted by
November 15, 2016. Also, each funded county emergency management position description
must be submitted to the Division no later than November 15, 2016.
E. Mid-Year and End-of-Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the grant manager.
F. The final close-out report is due forty-five (45) days after termination of this Agreement.
Any requests received after August 15, 2017, at the discretion of the Division, may not be
reimbursed from this Agreement.
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Attachment E
Program Statutes, Regulations and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 27P-6, 27P-11, 27P-19 and 27P-20, Florida Administrative Code
3. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Division will cover the monthly cost of the satellite service provided to the counties (this
includes one (1) license per county). The charge does not cover maintenance, repair, additional
equipment and other services not part of the initial order for services. In particular, the service charge
does not cover:
(a) Maintenance, repair, or replacement of parts damaged or lost through catastrophe,
accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external damage to the
equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator
error, failure or malfunction of data communication equipment not provided to the Recipient by the
Division under this Agreement, or from any cause other than intended and ordinary use.
(b) Changes, modifications, or alterations in or to the equipment other than approved
upgrades and configuration changes.
(c) Deinstallation, relocation, or removal of the equipment or any accessories, attachments
or other devices.
The Recipient shall be independently responsible for any and all charges not part of the initial service
order.
(2) NAWAS
The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security
product that shall be monitored 24 hours a day/365 days a year. The U. S. Department of Homeland
Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections
and handsets are the responsibility of the Recipient.
(3) VEHICLES
Written approval from the Director of the Division must be obtained prior to the purchase of any
motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division
has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to
any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's
Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures.
(4) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
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(b) Allowable costs shall be determined in accordance with Office of Management and Budget
Circular A-102 - Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the
purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of the
Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and
procedures and applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code, Chapter
252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency
management program and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management, Preparedness
and Assistance Trust Fund (EMPA funds)will not be used to supplant existing funds, nor will funds from
one program under the Trust Fund be used to match funds received from another program under the
Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services,
emergency medical services, law enforcement, criminal justice, fire service, public works or other services
outside the emergency management responsibilities assigned to the Recipient's Emergency Management
Agency, unless such expenditure enhances emergency management capabilities as expressly assigned
in the local Comprehensive Emergency Management Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement(SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time
Director consistent with Rule 27P-19.002(6), Florida Administrative Code.
(6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or partial
County Emergency Operation Center activation at a level equivalent to a State Emergency Operation
Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-
five (45)days following the conclusion of the activation, evaluate the performance of all elements of the
local emergency management program during that activation, and provide a written after action report to
the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational
information to educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and other
personnel only if the Recipient's Emergency Operation Center or field command office is in an activated
status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be
made only under(1)An Executive Order issued by the Governor, (2) a State of Emergency appropriately
declared by local officials in response to an emergency event or threat or(3) the Division may consider
additional request. The request would need prior approval from Department of Financial Services and the
Division. For more information, ask your grant manager.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new
or updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, and emergencies or otherwise govern the activation of the local
emergency management program provided in s.252.38, Florida Statutes.
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Attachment F
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months of
(list applicable line items) 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)
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Attachment G
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
39
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
27P-19.010 (9) The Division shall be permitted to inspect and monitor the records and facilities of funded
projects and award recipients. Such inspections may occur without notice at any reasonable time, which
shall be presumed to be normal business hours on Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
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Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the 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 Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
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Attachment I
Reporting Forms
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT- BASE GRANT
Quarterly Financial Report(Form 1):
1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each
quarter. QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT
CLAIMING ANY EXPENDITURES.
Quarterly Financial Report(Form 1A), Quarterly Tasks (Form 1B) and Detail of Claims (Form 2 and 3):
1. These forms are to be submitted quarterly.
2. Complete Quarterly Financial Report (Form 1A) by entering all information needed for reimbursement.
3. Complete Quarterly Tasks (Form 1 B). This form has quarterly information for EMPA and EMPG agreements. This is to track tasks
that are completed for the agreement period and quarters.
4. The Detail of Claims form must accompany the Quarterly Reports.
5. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority.
6. Claims are to be submitted to the following address:
DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
Attn: (Contract Manager's name)
Local Budget Match Requirement -(Form 3):
1. The Budget Form is to show how the EMPA Base Grants will be matched at an amount either equal to the average of the previous
three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the
County Emergency Management Agency for the last fiscal year, whichever figure is lower.
2. This form is to be completed and sent when the Local County Budget is approved or no later than November 15, 2016.
Required with this form the county needs to provide a copy of the current Emergency Management Local Budget (General
Revenue). If the County's current budget is lower than the last year or the average of the last three previous year the county is
required to request a Waiver no later than 45 days after the county budget is approved.
3. This is to ensure compliance with Rule 27P-19.011, Match Requirements, Florida Administrative Code.
Staffing Detail -(Form 4):
1. List ALL Emergency Management Agency staff, regardless of funding. Provide a total anticipated annual amount of Salaries and
Benefits to be paid for each position. Provide the funding distribution (%) in each applicable column: local, state. federal, etc. This
form is due November 15, 2016.
2. Along with the staffing detail provide position descriptions for any EMPA and EMPG funded staff.
Close Out Report-(Form 5):
1. Close Out Reports are due forty-five (45) days after the contract end date.
2. The agreement cannot be considered closed until the Close Out Report has been received.
Documentation of project expenditures:
1. Recipients must maintain documentation of expenditures for a minimum period of five years following the close of project/program
operations unless audits require a longer period of time.
2. Recipients should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by
the Recipient during the grant period. Documentation of expenditures against the program will be reviewed and verified upon
receipt by DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled
checks, payroll vouchers,journal transfers, etc. These documents should be submitted when requesting reimbursement.
3. In order to document hours worked on the program by permanent or temporary staff, the Recipient may use its own time and
attendance forms. A Staffing Detail Worksheet is also required to identify positions being funded by the agreement.
4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly-Financial Reporting forms.
Claims not submitted on the proper form cannot be processed and will be returned for corrections.
EXPENDITURE CATEGORY DEFINITIONS
1. SALARY AND BENEFITS:
The cash compensation for services rendered by a regular employee in an established position for a specific period of time.
2. OTHER PERSONAUCONTRACTUAL SERVICES (OPS):
The compensation for services by a person who is not a regular or full-time employee filling an established position. This shall
include but not be limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment,
board members, consultants, and other services specifically budgeted by each agency in this category.
3. EXPENSES:
The usual, ordinary, and incidental expenditures by an agency, including, but not limited to, commodities and supplies of a
consumable nature, current obligations, and fixed charges, and excluding expenditures classified as operating capital outlay.
Payments to other funds or local, state, or federal agencies are included in this budget classification of expenditures.
4. OPERATING CAPITAL OUTLAY:
Equipment, fixtures and other tangible personal property of a non-consumable nature and has a normal expected life of one year
or more.
5. FIXED CAPITAL OUTLAY:
Real property(land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.), including additions,
replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change
its functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility.
IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE FIND THEM ON OUR WEBSITE AT
http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA BASE GRANT
QUARTERLY FINANCIAL REPORT
Form 1A
Recipient: Claim#
County Name:
Address: (Select the quarter of submission)
QUARTERLY REPORTING DUE DATES
July 1 -September 30-Due no later than October 31
Point of Contact: October 1-December 31-Due no later than January 31
Telephone#: January 1-March 31-Due no later than April 30
AGREEMENT# April 1-June 30-Due no later than July 31
THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY
CUM. FUNDS REMAINING
CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM EXPENDED BALANCE
1. Organizational Costs
2. Planning Costs
3. Training Costs
4. Exercise Costs
5. Equipment Costs
6. Management and Administration Costs
(limited to 5%of the total award)
EMAP(if applicable)
TOTAL
TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00
1 hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Recipient Contract Manager or Financial Officer Date
QUARTERLY STATUS REPORT
This information below is required EACH QUARTER. This information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event,progress,delays,etc.,that pertain to this project(i.e.,incidents,activities, meetings,reporting training and/or exercises)
(Attach additional page(s) if needed.)
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPA(State)Amount
Prior Payments
This Payment
Unexpended Funds
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT BASE GRANTS
COUNTY
Quarterly Tasks
FORM 1 B
FY 2016-2017
Required by EMPA and EMPG Required by EMPG
Q (7 Professional National
EMPA/EMPG-All Emergency Management a a NIMS IS 100 NIMS IS 200 NIMS IS 700 NIMS IS 800 Development Emergency
Personnel 2 2 Management Banc
W W Senes Academy
Name 8 Position Title t-
K X of W W W M x of M of of Of of W W � � a, xtr M ne
0 a a a a 0 0 a 0 0 0 0 0 0 a a 0 0 0 0 a a a 0
EMPA CRT CRT CRT QRT4
24-7 Operational and Mutual Aid Participation all rts
Local Budget Match due by 2nd rt
Coordination and Collaboration attend at least 3 events(3 per 7/1/16-
6/30/17
Local EM Stakeholder Advisory Committee 1 per 7/l/16-6/30/17)
Develop&Maintain Multi-Year Stra a Plan 1 per 7/1/16-6/30/17
Statewide Hurricane Exercise 4th rt
Exercises not conducted by the state 7/1/16-6/30/17
GIS due by 4th rt
Logistics due by 4th gil-annex update every 3 ears
Shelter Survey 8 Retrofit Program due by 4th rt
Ifa licable,EMAP 7/1/16-6/30/17
EMPG CRT QRT2 QRT3 CRT
Proposed Match Plan due by 1 sl rt
EMPG funded positions only Exercises 3 per 7/1/16-6/30/17
NIMS due by 2nd rt
Regional TEP 1 per 7/1/16-6/30/17
MYTEP due by 4th rt
EMPG Exercise(s)3 per agreement year
Name 8 Position Title Date Description of Exercise
I hereby certify that the above is true and valid in accordance with this
Agreement.
Name and Title:
Date:
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM-EMPA BASE GRANT
2.-5.DETAIL OF CLAIMS
Form 2
CATEGORY#
(Please use one form per category. Pick from the below 1-6)
1.Organizational Expenditures
2.Planning Expenditures
3.Training Expenditures
4.Exercise Expenditures
5.Equipment Expenditures
6.Management and Administration Expenditures
(limited to 5%of the total award)
County Costs Incurred During the Period of to Claim Number _
Vendor Briefly Describe Services Provided for EM Date Received/ Date Paid Check Amount
Date of Services Number
Total
$0.00
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM-EMPA BASE GRANT
DETAIL OF CLAIMS
Form 2(if applicable)
ORGANIZATIONAL/SALARIES AND BENEFITS COSTS
SALARY DEFINITION: The cash compensation for services rendered by a regular employee in an established position for a specific period of time.
County Costs Incurred During the Period of: to Claim Number:
Name of Employees Job Title %of Time Salary$Charged Fringe Benefits$
Charged to to this Grant Charged to this Grant
this Grant
TOTALS $0.00 $0.00
Total Salaries and Benefits Charged to this Grant
$0.00
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA BASE GRANT
LOCAL BUDGET MATCH REQUIREMENT
Form 3
County Reduction in
County Reduction in Contribution County Budget
Contribution County Budget I%)Based on I%)Based on
2016-2017 2015-2016 2014-2015 2013-2014 Average of 3 (%)Based on 3 1%)Based on 3 Previous Year Previous Year
County LOCAL LOCAL LOCAL LOCAL years year average year average Budget(15-16) Budget(15-16) Comments
(10/1/16-9/30/17) (10/1/15-9/30/16) (10/1/14-9/10/15) (10/1/13-9/30/14)
$0 1 #DIV/0! I #DIV/01 I #DIV/O! #DIV/01.
This form is to be completed and sent when the Local County Budget is approved or no later than November 15,2016. Required with this form the county needs to provide a copy of
the current Emergency Management Local Budget(General Revenue). If the County's current budget is lower than the last year or the avaerage of the last three previous year the
county is required to request a Waiver no later than 45 days after the county budget is approved.
27P-19.011 Match Requirements.
(1)Base Grants shall be matched at an amount either equal to the average of the previous three years'level of county general revenue funding of the County Emergency Management Agency or the level of funding
for the County Emergency Management Agency for the last fiscal year,whichever figure is lower.County general revenue funding for 911 services,emergency medical services,law enforcement,criminal justice,
public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38.F.S.,shall not be included in determining the'level of
county funding of the County Emergency Management Agency.'Each county shall certify compliance with this rule chapter and this rule,as a condition precedent to receipt of funding.
(2)If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1).F.A.C.,then the Base
Grant recipient may request that the Division authorize a reduction in the amount of match required.The matcll required shall not be reduced by a percentage amount in excess of reductions in funding for county 911
services,emergency medical services,law enforcement,criminal justice,public works or other emergency management related services.To be eligible for any reduction,the Base Grant recipient shall demonstrate
and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets.County requests
for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer.Requests shall certify the intent to
return to pre-reduced funding as soon as practicable,and shall provide an estimate of the date at which the county will return to the current level of funding.Requests for reduction shall also be accompanied by
financial data for the previous three years indicating:the level of county funding for the County Emergency Management Agency budget:budget detail regarding all individual items of the County Emergency
Management Agency budget:and the proposed level of funding,for all budget items,if the reduction is authorized by the Division.All requests for match reduction shall be submitted no later than forty-five(45)days
after the county budget has been approved by the governing body of the iunsdiction,or the opportunity to request shall be waived.
1 hereby certify that the above match requirments have been met in accordance with this Agreement and Rule.
OR
The County did not meet the match requirement. Attached is the County's Waiver request.
Signed
Chief Financial Officer or Budget Director
Name&Title
Date
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA BASE GRANT
County
STAFFING DETAIL
Form 4
FY 2016-2017
COUNTY EMERGENCY MANAGEMENT AGENCY
ANTICIPATED SALARIES&BENEFITS
LOCAL STATE/FEDERAL
Approx.#of Annual % % % % % % %
Hrs./Week Total Salaries County Other EMPA EMPG Hazardous Materials Other Total
Devoted to &Benefits$ General Fund Local Base Grant Base Grant Planning Grant State or Federal All
Name&Position Title EM Activities by Position (Local) Funds (State) (Federal) (State) Funds Funds
1] [2] 3] [4] [5] [6] [7] 161 [9) 10
DIRECTIONS:
1. In column 1,list titles of ALL Emergency Management Agency staff,regardless of funding.
2. Complete column 2 for each position.
3. In column 3 list total anticipated annual amount of Salaries and Benefits to be paid for each position.
4. In columns 4-9.provide the funding distribution(%)in each applicable column for amounts in column 3.
5. Column 10 is the sum of columns 4 through 9 and must equal 100%.
Due November 15.2016
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA BASE GRANT
CLOSE-OUT REPORT
Form 5
This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of the
Agreement.
Recipient Agreement No.
Address Agreement Amount
City and State Agreement Period
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
By Category-Total Contract
Cost Categories Expenditures Date Amount
Salary and Benefits
1
Other Personal/Contractual
Services
2
Expenses
3
Operating Capital Outlay
(Equipment)
4
Fixed Capital Outlay
5
EMAP(if applicable)
6
Total
$0.00 Total 7 1 $0.00
Agreement Amount
Minus Total Payments
(Including final requested funds—Line 7)
Unspent balance
9 after the expiration of the Agreement.
Refund and/or final interest checks are due no later than nmeh ( 0)days a p g
Make checks payable to:Cashier,Division of Emergency Management
Mail To:Division of Emergency Management,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399-2100,Attn: (contract manager)
I hereby certify that the above costs are true and valid costs incurred in FOR DEM USE:
Signed Signed
Chief Financial Officer or Budget Director DEM Grant Manager
Name&Title Name&Title
Date Date