HomeMy WebLinkAbout2016-182 Contract Number: 17-FG-P9-10-40-01-104
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a"subaward may be provided through any form of legal agreement, including an
agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass-through entity" means"a non-Federal entity that provides a subaward to a
subrecipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub-Recipient" means"a non-Federal entity that receives a subaward from a
pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means"Federal financial assistance that a non-Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R. §200.92, "subaward" means"an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub-Recipient's name: Indian River County
Sub-Recipient's unique entity identifier(DUNS): 065923088
Federal Award Identification Number(FAIN): EMA-2016-EP-00006
Federal Award Date: June 13, 2016
Subaward Period of Performance Start and End Date: July 1, 2016—June 30, 2017
Amount of Federal Funds Obligated by this Agreement: $77,343.00
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $
Total Amount of the Federal Award committed to the Sub-Recipient
by the pass-through entity: $77,343.00
Federal award project description (see FFATA): The purpose of the Emergency Management Performance Grant(EMPG)
Program is to provide federal funds to states to assist state local territorial and tribal governments in preparing for all hazards
as authorized by Section 662 of the Post Katrina Emergency Management Reform Act(6 U.S.C. $762)and the Robert T
Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. "5121 et seg.).Title VI of the Stafford Act authorizes
DHS/FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and
property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal
Government states and their political subdivisions The Federal Government through the EMPG Program provides
necessary direction coordination and guidance and provides necessary assistanceas authorized in this title to support a
comprehensive all hazards emergency preparedness system.The FY 2016 EMPG will provide federal funds to assist state
local tribal and territorial emergency management agencies to obtain the resources required to support the National
Preparedness Goal's(the Goal's)associated mission areas and core capabilities.The EMPG program supports the
Quadrennial Homeland Security Review Mission to Strengthen National Preparedness and Resilience.
Name of Federal awarding agency: The Department of Homeland
Security(DHS)
Name of pass-through entity: Florida Division of Emergency
Management
Contact information for the pass-through entity: 2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Catalog of Federal Domestic Assistance(CFDA) Number and Name: 97.042
Whether the award is Research& Development: No (N/A)
Indirect cost rate for the Federal award: 26.21%
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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"Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971, Florida Statutes, entitled"Agreements funded with federal or state
assistance", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required by Section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-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 and regulations. 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.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor, verify and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Teresa A. Warner
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: 850-922-1637
Fax: 850-488-7842
Email: Teresa.warn er(cem.myflorida.com
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
John King, Director
4225 43rd Avenue
Vero Beach, FL 32967
Telephone:772-567-2154
Fax: 772-567-9323
Email: jking(d)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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(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) 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.
(7) SCOPE OF WORK.
The Sub-Recipient shall perform the work in accordance with the Program Budget and
Scope of Work/Deliverables of this Agreement.
(8) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2016 and shall end on June 30, 2017, unless
terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with
the definition of"period of performance"contained in 2 C.F.R. §200.77, the term "period of agreement"
refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work
authorized under"this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive
reimbursement under this Agreement only for"allowable costs incurred during the period of performance."
In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds
authorized by this Agreement"only for allowable costs resulting from obligations incurred during" the
period of agreement.
(9) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub-Recipient only for allowable costs incurred 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.
d. The maximum reimbursement amount for the entirety of this Agreement is
$77,343.00. However, the amount of reimbursement is limited as follows:
i. Quarter 1 —no more than 70% of maximum reimbursement amount for this
Agreement;
ii. Quarter 2—an amount that, when combined with the Quarter 1
reimbursement, does not exceed 80% of maximum reimbursement amount for this Agreement;
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iii. 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.
e. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
f. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against the allowable costs outlined in this agreement and
required deliverables.
g. 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 Sub-Recipient"relate financial data to performance accomplishments
of the Federal award."
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed (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, Sub-Recipient-
employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that
the cost of fringe benefits in the form of regular compensation paid to employees during periods of
authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays,
court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the
following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
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iii. The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
i. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs do not exceed charges normally allowed by the Sub-Recipient in
its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
j. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
k. As defined by 2 C.F.R. §200.53, the term"improper payment" means or includes:
i. 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,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10)RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall have the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall have the
right of access to any documents, financial statements, papers, or other records of the Sub-Recipient
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which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to
show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of three (3)years from the date of
submission of the final expenditure report. The following are the only exceptions to the three(3)year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 3-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 3 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the 3-year retention requirement is not applicable to the Sub-Recipient.
V. Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe
benefit rates).
d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value.
e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
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forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
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.
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i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Program Budget and Scope of Work/Deliverables and all other applicable laws and
regulations.
(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance.
e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as"an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle Audit cDem.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMSingle Audit(cDem.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12)REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
c. The close-out report is due 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, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in
attachment titled: Reports.
(13)MONITORING.
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in attachment titled: Scope of Work/Deliverables to this
Agreement, and reported in the quarterly report.
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b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur("Events of Default'), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
a. If any warranty or representation made by the Sub-Recipient in this Agreement or
any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
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;
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b. If material adverse changes occur in the financial condition of the Sub-Recipient at
any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change
within thirty days from the date written notice is sent by the Division;
c. If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. If the Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16)REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
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(17)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,
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)PROCUREMENT
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall"maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(1), the Sub-Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub-
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
13
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub-Recipient within three(3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph 17 above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may:
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i. Terminate this Agreement in accordance with the provisions outlined in
paragraph 17 above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
subcontract.
f. The Sub-Recipient agrees to include in the subcontract that (i)the subcontractor is
bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full and open competition." Accordingly, the
Sub-Recipient shall not:
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an —
equivalent;
vii. 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;
viii. Engage in any arbitrary action during the procurement process; or,
ix. 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. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
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j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
k. The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d)as well as section 287.057(1)(b),
Florida Statutes.
I. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms").
(19)ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A—Program Budget
iii. Attachment B—Scope of Work/ Deliverables
iv. Attachment C —Allowable Cost and Eligible Activities
V. Attachment D—Reports
vi. Attachment E— Program Statutes and Regulations
vii. Attachment F—Justification of Advance Payment
viii. Attachment G—Warranties and Representations
ix. Attachment H —Certification Regarding Debarment
X. Attachment I —Statement of Assurances
xi. Attachment J—Mandatory Contract Provisions
xii. Attachment K—Reporting Forms
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest-
bearing account 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
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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 Sub-Recipient's quarterly reporting as referenced in Paragraph 7 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 subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
All payments relating to the Agreement shall be mailed to the following address:
Attn: Finance Dept.
Indian River County
1801 27th Street
Vero Beach, FL 32960
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency 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, Sub-Recipient shall pay the Division a service fee of$15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
17
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et 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 Sub-Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense 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;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and,
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iv. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
g. If the Sub-Recipient is unable to certify to any of the statements in this certification,
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub-Recipient shall send to the Division (by email or by
facsimile transmission) the completed attachment titled: "Certification Regarding Debarment,
Suspension, Ineligibility And Voluntary Exclusion" for each intended subcontractor which Sub-
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
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d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
20
i
material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Sub-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.
d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes.
(25)LEGAL AUTHORIZATION.
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
21
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
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b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
23
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds$100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violatiorss to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
24
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
- offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI-LOBBYING AMENDMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of$100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements,when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (a) through (e) of this section.
25
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The"socioeconomic contracting" requirement outlines the affirmative steps that the
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting").
(33)ASSURANCES.
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
attachment titled: Statement of Assurances.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB-RECIPIENT: INDIAN RIVER COUNTY APPROVED
By:
Name and title: Bob Solari, Chairman
Date: October 18, 2016 ;
Coli Ad inistrator
M .
FID#59-6000674
Yr, �•
STATE OF FLORIDA Attest: Jeffrey . Smith, Clerk ge
Court
DIVISION OF EMERGENCY MANGEMENT Comptr I
d
B
eputy Clerk
By:
Nam6'�and Title: Jonathan Lord, Deputy Director
/� APPROVED AS TO FO M
Date: V` A I I CY
BY
*,. WILLI K KRAAL
COUNTYATTORNEY
26
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: U.S. Department of Homeland Security, Federal Emergency Management Agency
Catalog of Federal Domestic Assistance title and number: Emergency Management Performance
Grant#97.042
Award amount: $ 77,343.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
Chapter 252, Florida Statutes
Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
Federal Program:
List applicable compliance requirements as follows:
1. First applicable compliance requirement(e.g., what activities/services/purposes the federal
resources must be used for):
Sub-Recipient is to use funding to perform eligible activities as identified in the United States
Department of Homeland Security, Federal Emergency Management Agency, Notice of Funding
Opportunity, Fiscal Year 2016 Emergency Management Performance Grant Program.
2. Second applicable compliance requirement(e.g., eligibility requirements for Sub-Recipients of the
resources:
Sub-Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
The intent of the EMPG Base Grant Agreement is to provide each county with the means to
successfully manage and operate an Emergency Management Program by enhancing county
emergency management plans and programs that are consistent with the State Comprehensive
Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida
Administrative Code and Chapter 252, Florida Statutes).
27
28
l
Mandatory Training and Exercise Requirements for EMPG funded employees only
All EMPG Program funded 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. In
addition, personnel shall complete eitherthe Independent Study courses identified in the Professional
Development Series or the National Emergency Management Basic Academy delivered either by the
Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or
other, designated location.
The Quarterly Tasks (Form 1 B) is due every quarter with your quarterly financial report. This is to
identify all EMPG funded employees, the completion of the required training (or working towards
completion) and the required amount of exercises during the agreement period.
Eligible"Organization" items include, but are not limited to:
• 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)
• General Office Supplies
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment (that does not require an AEL#)
• 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.
• Maintenance and Enhancement
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment (Need prior EHP approval)
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation (Need prior EHP approval)
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 state program. Funds
may not be reimbursed for any plans that are not approved.
33
I ,
EMPG 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
• Federal (and Mutual Aid) Emergency Response Official (F/ERO) Credentialing and Validation
C. Training
EMPG Program funds may be used for a range of emergency management-related training activities
to enhance the capabilities of local emergency management personnel through the establishment,
support, conduct, and attendance of training. Training activities should align to a current, Multi-Year
TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can
be found at http://www.fema.gov/exercise. Training should foster the development of a community
oriented approach to emergency management that emphasizes engagement at the community level,
strengthens best practices, and provides a path toward building sustainable resilience.
EMPG Program funds used for training should support the nationwide implementation of NIMS. The
NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS
courses; Sub-Recipients are encouraged to place emphasis on the core competencies as defined in
the NIMS Training Program. The NIMS Training Program can be found at
http://www.fema.gov/training-0.
The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing
standards. The NIMS Guidelines for Credentialing can be found at http://www.fema.gov/nims-
doctrine-supporting-guides-tools.
Professional Development Series courses include:
• IS-120.a An Introduction to Exercises
• IS-230.d Fundamentals of Emergency Management
• IS-235.b Emergency Planning
• IS-240.b Leadership and Influence
• IS-241.b Decision Making and Problem Solving
• IS-242.b Effective Communication
• IS-244.b Developing and Managing Volunteers
To ensure the professional development of the emergency management workforce, the Sub-
Recipients must ensure a routine capabilities assessment is accomplished and a TEP is developed
and implemented.
For additional information on review and approval requirements for training courses funded with
preparedness grants please refer to the following policy: http://www.fema.gov/media-library-
data/1115d44e06367bb89510aafbe79c1875/FINAL GPD+Traininq+Three+for+Free+Policy 09+10+
13.pdf.
Additional types of training or training related activities include, but are not limited to, the following:
• Developing/enhancing systems to monitor training programs
• Conducting all hazards emergency management training
• Attending Emergency Management Institute(EMI) training or delivering EMI train-the-trainer
courses
• Attending other FEMA-approved emergency management training
• State-approved, locally-sponsored CERT training
34
• Mass evacuation training at local, state, and tribal levels
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
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 FEMA and/or approved training
courses and programs are allowable. These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the state or unit(s) of local government and has
the approval of the state or FEMA, whichever is applicable. In no case is dual compensation
allowable. That is, an employee of a unit of government may not receive compensation from their
unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to
5:00 p.m.), even though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by
employees who are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Con tractors/Consultants. Full or part-time staff or
contractors/consultants may be hired to support direct training-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local
government and have the approval of the state or FEMA, whichever is applicable.
• Certification/Recertification of Instructors. Costs associated with the certification and re-
certification of instructors are allowed. States are encouraged to follow the FEMA Instructor
Quality Assurance Program to ensure a minimum level of competency and corresponding levels
of evaluation of student learning. This is particularly important for those courses which involve
training of trainers.
D. Exercises
All EMPG-funded personnel are REQUIRED to participate in no less than three exercises in a 12 month
period.
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. Sub-Recipients are encouraged to use free public
space/locations/facilities, whenever available, prior to the rental of space/locations/facilities.
Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to
identify any gaps in these skills. Gaps identified during an exercise including those for children
and individuals with disabilities or access and functional needs, should be identified in the AAR/IP
and addressed in the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part—time staff may be
hired to support direct exercise activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the state or unit(s) of local government and have the approval of
the state or FEMA, whichever is applicable. The services of contractors/consultants may also be
procured to support the design, development, conduct and evaluation of exercises.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of time spent on the design, development and
conduct of exercises are allowable expenses. These costs are allowed only to the extent the
payment for such services is in accordance with the policies of the state or unit(s) of local
35
government and has the approval of the state or FEMA, whichever is applicable. In no case is
dual compensation allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single period of
time(e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities.
• Travel.Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by
employees who are on travel status for official business related to the planning and conduct of the
exercise activities.
• Supplies. Supplies are items that are expended or consumed during the course of the planning
and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective
equipment).
• 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. Sub-Recipients are
encouraged to use free public space/locations, whenever available, prior to the rental of
space/locations. Costs associated with inclusive practices and the provision of reasonable
accommodations and modifications that facilitate full access for children and adults with
disabilities are allowable.
Unauthorized exercise-related costs include:
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g.,
construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The
only vehicle costs that are reimbursable are fuel/gasoline or mileage.
• Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise
conduct (e.g., electronic messaging signs)
• Durable and non-durable goods purchased for installation and/or use beyond the scope of
exercise conduct
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web-based version of the
Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless
otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-adopted standards to
be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and
maintaining all necessary certifications and licenses for the requested equipment.
Allowable equipment includes equipment from the following AEL categories:
• Personal Protective Equipment(PPE) (Category 1)
• Information Technology (Category 4)
• Cybersecurity Enhancement Equipment(Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials
(Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment(Category 14)
• CBRNE Logistical Support Equipment(Category 19)
• Other Authorized Equipment (Category 21)
In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the
responsibilities of the EMPG Program. If Sub-Recipients have questions concerning the eligibility of
equipment not specifically addressed in the AEL, they should contact their Grant Manager for
clarification.
36
Sub-Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially
high cost items and those subject to rapid technical advances. Large equipment purchases must be
identified and explained. For more information regarding property management standards for
equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and
200.316.
Controlled Equipment
Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature
of the equipment and the potential impact on the community, there are additional and specific
requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds
for Controlled Equipment for the complete Controlled Equipment List, information regarding the
Controlled Equipment Request Form, and a description of the specific requirements for acquiring
controlled equipment with DHS/FEMA grant funds. For additional information on controlled equipment
refer to
Executive Order(EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition
(https://www.gpo.gov/fdsys/pkq/DCPD-201500033/pdf/DCPD-201500033.pdf), and the
Recommendations Pursuant to Executive Order 13688
(https://www.whitehouse.gov/sites/default/files/docs/le equipment wq final report final.pdf).
Requirements for Small Unmanned Aircraft System
All requests to purchase Small Unmanned Aircraft System (SUAS)with FEMA grant funding must
also include the policies and procedures in place to safeguard individuals' privacy, civil rights, and
civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment,
see Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy,
Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft
Systems(https://www.whitehouse.qov/the-press-office/2015/02/15/preside ntial-memorandum-
promotinq-economic-competitiveness-while-safegua), issued February 20, 2015.
F. Management and Administration (M&A)
M&A activities are those defined as directly relating to the management and administration of EMPG
Program funds, such as financial management and monitoring. It should be noted that salaries of
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. With the
exception of Sub-Recipients who have never received a negotiated indirect cost rate as described in
2 C.F.R. §200.414(f), Sub-Recipients must have an approved indirect cost rate agreement with their
cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully
executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time
of application, and must be provided to FEMA before indirect costs are charged to the award.
II. Construction and Renovation
Construction and renovation projects for a state, local, territorial, or Tribal government's principal
Emergency Operations Center(EOC) as defined by the SAA are allowable under the EMPG
Program.
Written approval must be provided by FEMA prior to the use of any EMPG Program funds for
construction or renovation. Requests for EMPG Program funds for construction of an EOC must be
accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number
1660-0124 (http://www.fema.gov/pdf/government/grant/2011/fyll eoc inv.pdf) to their Regional
EMPG Program Manager for review. Additionally, Sub-Recipients are required to submit a SF-424C
Budget and Budget detail citing the project costs.
37
When applying for funds to construct communication towers Sub-Recipients must submit evidence
that the Federal Communication Commission's (FCC) Section 106 review process has been
completed and submit all documentation resulting from that review to GPD prior to submitting
materials for EHP review. Sub-Recipients are also encouraged to have completed as many steps as
possible for a successful EHP review in support of their proposal for funding (e.g., coordination with
their State Historic Preservation Office to identify potential historic preservation issues and to discuss
the potential for project effects, compliance with all state and EHP laws and requirements). Projects
for which the Sub-Recipient believes an Environmental Assessment (EA) may be needed, as defined
in 44 C.F.R. § 10.8, must also be identified to the FEMA EMPG Regional Program Manager within six
months of the award and completed EHP review materials must be submitted no later than 12 months
before the end of the period of performance. EHP review packets should be sent to
gpdehpinfoPfema.gov.
EMPG Program Sub-Recipients using funds for construction projects must comply with the Davis-
Bacon Act(40 U.S.C. §§ 3141 et seq.). Grant Sub-Recipients must ensure that their contractors or
subcontractors for construction projects pay workers no less than the prevailing wages for laborers
and mechanics employed on projects of a character similar to the contract work in the civil subdivision
of the state in which the work is to be performed. Additional information regarding compliance with the
Davis-Bacon Act, including Department of Labor(DOL)wage determinations, is available from the
following website-.-
http://www.dol.gov/compliance/laws/comp-dbra.htm.
III. Maintenance and Sustainment
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or
replacement costs, upgrades, and user fees are allowable under all active grant awards, unless -
otherwise noted.
EMPG Program grant funds are intended to support the Goal and fund activities and projects that
build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of,
respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In
order to provide Sub-Recipients the ability to meet this objective, the policy set forth in GPD's IB 379
(http://www.fema.gov/qrant-programs-directorate-information-bulletins) (Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for
the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of
existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant
program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal,
and (4) shareable through the EMAC.Additionally, eligible costs may also be in support of equipment,
training, and critical resources that have previously been purchased with either federal grant funding
or any other source of funding other than DHS/FEMA preparedness grant program dollars.Additional
guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty
Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media-
library/assets/documents/32474.
Unallowable Costs
• Prohibited Equipment: Grant funds may not be used for the purchase of Prohibited Equipment.
Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete
Prohibited Equipment List. For additional information on Prohibited Equipment see Executive
Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition
(https://www.qpo.gov/fdsys/pkq/DCPD-201500033/pdf/DCPD-201500033.pdf), and the
Recommendations Pursuant to Executive Order
13688(https://www.whitehouse.gov/sites/default/files/docs/le equipment wq final report final.pd
fl
• Expenditures for weapons systems and ammunition
38
• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional
public safety duties or to supplant traditional public safety positions and responsibilities
• Activities and projects unrelated to the completion and implementation of the EMPG Program
In general, Sub-Recipients should consult with their Grant Manager prior to making any investment
that does not clearly meet the allowable expense criteria established in this Guidance.
IV. Environmental Planning and Historic Preservation (EHP) Compliance
As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or
historic properties to ensure that all activities and programs funded by the agency, including grants-
funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub-
Recipients proposing projects that have the potential to impact the environment, including but not
limited to construction of communication towers, modification or renovation of existing buildings,
structures and facilities, or new construction including replacement of facilities, must participate in the
FEMA EHP review process. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project along with supporting
documentation so that FEMA may determine whether the proposed project has the potential to impact
environmental resources and/or historic properties. In some cases, FEMA also is required to consult
with other regulatory agencies and the public in order to complete the review process. The EHP
review process must be completed and approved before funds are released to carry out the proposed
project. FEMA will not fund projects that are initiated without the required EHP review.
Additionally, all Sub-Recipients are required to comply with FEMA EHP Policy Guidance. This EHP
Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation
Policy Guidance (http://www.fema.gov/media-library-data/1421336453304-
d48abd61f8b2a35d2bad325ae49ae531/FP1080231 Environmental Planning Historic Preservation
Policy.pdf) , and FP 108.24.4, Environmental Planning and Historical Preservation Policy
(http://www.fema.gov/media-library-data/l 388411752234-
6ddb79121951 a68e9ba036d2569aa488/18Dec13-NoNEPAReview.pdf)
EHP Technical Assistance, including the EHP Screening Form, can be found at
(http://www.fema.gov/media-I ibra ry-data/20130726-1806-25045-
2839/gpd ehp screening form omb 1660 0115 june 2011.pdf)
V. Other Conditions
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 Sub-Recipient's EMPG Base Grant expenditures.
Food and beverages
• Food and beverages may be purchased for Emergency Management personnel and other
personnel only if the Sub-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.
39
Attachment D
Reports
Sub-Recipient shall 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 shall continue to be submitted each quarter until submission of
the final close-out report. The ending dates for each quarter of this program year are September
30, December 31, March 31 and June 30.
The Sub-Recipient shall 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 Sub-Recipient.
(Backup Documentation should reflect the amount requested on the Expenses Detail of Claims
form.)
• Organizational Activities: Includes salaries and expenses (depending upon eligibility).
Supply copies of timesheets (if applicable) documenting hours worked and proof employee
was paid (i.e., earning statements/payroll registries). Expense items need to have copies of
invoices/receipts and canceled checks or general ledger for proof of payment. All
documentation for reimbursement MUST include exact amounts and MUST be clearly visible
and defined (i.e., highlighted, underlined, circled &/or individually identified on a
spreadsheet).
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks or general
ledger for proof of payment. May also request copies of planning materials and work
products (i.e., meeting documents, copies of completed plans (if submission of plans is for
the Division then only need to provide date of submission and who submitted plan/product
to), etc.). Any costs for planning activities provided by in-house staff MUST be reported
under"Organizational Activities".
• Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks or general
ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre
populated sign in sheets they must be certified by the Emergency Management Director
verifying attendance). May also request any training materials provided.
• Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks or general
ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre
populated sign in sheets they must be certified by the Emergency Management Director
verifying attendance). May also request any training materials provided.
• Equipment Acquisition Costs: Copies of Invoices/receipts and canceled checks or general
ledger for proof of payment. AEL#for each purchase (if applicable).
• Management and Administrative Costs: Supply copies of timesheets documenting hours
worked and proof employee was paid (i.e., earning statements/payroll registries).
40
• For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel/conference. If conference, a copy of
the agenda must be provided. Proof of payment is also required for all travel and
conferences. If the Sub-Recipient seeks reimbursement for travel costs that exceed the
amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and
$19 for dinner), then the Sub-Recipient must provide documentation that: The costs are
reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular
operations as a result of the Sub-Recipient's written travel policy; and participation of the
individual in the travel is necessary to the Federal award.
• If cancelled checks are NOT available, copies of the general ledger MUST be provided.
B. The Quarterly Tasks Form is due with your quarterly financial report each quarter. This
form identifies EMPG funded employees, the required training completed (or working
towards completion), and the required amount of exercises during the agreement period.
C. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare
with the match portion of your close out report. If your proposed match plan changes an update
should be provided. Federal funds provided under this Agreement shall be matched by the Sub-
Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the
federal obligation exceeds EMPA then you need to identify the other non-federal match. In the
space provided on the form, provide a narrative description on how you plan to meet the dollar for
dollar match requirement. The Proposed Match form must be signed by the Chief Financial
Officer or equal authority.
D. 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.
E. The final Close Out report is due forty-five (45) days after termination of this Agreement. Federal
funds provided under this agreement shall be matched by the Sub-Recipient dollar for dollar from
non-federal funds. If the funds are being matched with EMPA and are less than the expended
EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG
funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting
documentation needs to be provided (i.e. general ledger with highlighted matching non-federal
funds).
41
Attachment E
Program Statutes and Regulations
1. Age Discrimination Act of 1975 42 U.S.C. §6101 et seq.
2. Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213
3. Chapter 473, Florida Statutes
4. Chapter 215, Florida Statutes
5. Chapter 252, Florida Statutes
6. Title VI of the Civil Rights Act of 1964 42 U.S.C. §2000 et seq.
7. Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq.
8. Copyright notice 17 U.S.C. §§401 or 402
9. Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200
10. Debarment and Suspension Executive Orders 12549 and 12689
11. Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq.
12. Duplication of Benefits 2 C.F.R. Part 200, Subpart E
13. Energy Policy and Conservation Act 42 U.S.C. §6201
14. False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38
U.S.C. § 3801-3812
15. Fly America Act of 1974 49 U.S.C. §41102 also 49 U.S.C. §40118
16. Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a
17. Lobbying Prohibitions 31 U.S.C. § 1352
18. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq.
19. Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20. Terrorist Financing Executive Order 13224
21. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
U.S.C. § 1681 et seq.
22. Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
23. Rehabilitation Act of 1973 Section 504, .29 U.S.C. § 794
24. USA Patriot Act of 2001 18 U.S.C. § 175-172c
25. Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. §
26. 2324, 41 U.S.C. § §4304 and 4310
27. 53 Federal Register 8034
28. Rule Chapters 27P-6, 27P-11 , and 27P-19, Florida Administrative Code
29. 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
30. To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200
shall apply
42 _
Attachment F
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of S is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months
(list applicable line items) of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining
the need for the cash advance. The justification must include supporting documentation that
clearly shows the advance will be expended within the first ninety (90) days of the contract term.
Support documentation should include quotes for purchases, delivery timelines, salary and
expense projections, etc. to provide the Division reasonable and necessary support that the
advance will be expended within the first ninety (90) days of the contract term. Any advance
funds not expended within the first ninety (90) days of the contract term shall be returned to the
Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days
of receipt, along with any interest earned on the advance)
43
Attachment G
Warranties and Representations
Financial Management
The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2
C.F.R. §§200.317 through 200.326).
Business Hours
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 Sub-Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub-Recipient.
44
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Sub-Recipient,
certifies, by submission of this document, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
(2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Sub-Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
45
Attachment I
Statement of Assurances
The Sub-Recipient hereby assures and certifies compliance with all Federal statutes, regulations,
policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule,
that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also
the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646)which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
46
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18,Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act(as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act(ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a Sub-Recipient of funds, the Sub-Recipient will forward a copy of the finding to the
Office for Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for$500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348)dated October 19,
1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
47
Attachment J
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the Sub-Recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
48
OMB Guidance Pt.200,App.11
tD)parts-Bacon Act.as amended(40 U.S.C. materials or articles ordinarily avmlable on
3111-3119).When required by Federal program the open market. or contracts for Uanspor-
legislation-all gime construction contracts tatlon or transmission of Intelligence-
in excess of 51000 awarded by non-Federal W) Rights to Inventions Made Under a
entitles must Include a provision for compli- Contract or Agreement.if the Federa[award
ante with the Davis-Bacon Act (40 U.S-C- meets the definition of"fundinz agreement"
3141-3144-and 314631461 as supplemented by under 3;CFR 1101.2 u)and the recipient or
Department of tabor regulations 129 CPR sabreciptent wtshess to enter Into a contract
Part 3, "labor Standards Provisions Apply- with a small business firm or nonprofit orga-
cable to Contracts Covering Federally Fi- nization regarding the substitution of par-
nanced and Assisted Constructton"). In ac- ties, assignment or performance of experi-
cordanca with the statute,contractors must mental- developmental. or research work
be required to pay wages to laborers and me- under that"funding agroement"the recipi-
chanics at a rate not less than the prevailing ent or subrecipient must comply with the re-
wages specified in a wage determination guirements of 37 CFR Part.401."Rights to In-
made by the Secretary of Labor.In addition- venuons bade by Nlonproilt Organizations
contractors mast be required to pay wages and Small Business Firms Under Govern-
not less than once a week-The non-Federal ment Grants. Contracts and Cooperative
entity must place a copy of the current pro- Agreements-"and any implementing regula-
railing wage determination issued by the De- tions issued by the awarding agency.
partment of Labor in each solicitation.Thu tG)Clean air Act(42 U.S.C.7.101-7G71q.)and
decision to award a contract or subcontract the Pedeml Water Pollution Control Act 133
must be conditioned upon the acceptance of U.S-C-1251-1367).as amended—Contracts and
the wage determination-The non-Federal en- subgrants of amounts in excess of 5150.000
tdty must report all suspected or reported must contain a provision that requires the
violations to the Federal awarding agency_ non-Federal award to agree to comply with
The contracts must also include a provision all applicable standards. orders or regala-
for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act.
Kickback" Act (40 U.S.C. 31451. as supple- (L U.S.C.74D14V71g1 and the Federal Neater
mented by Department of Labor regulations Pollution Control Act as amended 133 U-S.C.
±29 CFR Part 3. 'Contractors and Sub- 1251-1397).Violations must be reported to the
contractors on Public Building or Public Federal awarding agency and the Reglonal
Work Financed in Whole or in Part by Loans Office of the Enitronmental Protection
or Grants from the United States").The Act Agency nl3PA1.
provides that each contractor or sub- ill) Mandatory standards and policies re-
recipient must be prohibited from inducing- lating to energy efficiency which are con-
by any means, arty person employed in the twined in the state energy conservation plan
construction,completion.or repair of public issued in compliance with the Ener:y Policy
work. to give up env part of the compensa- and Conservation Act(42 U.S.C.CD4
tion to which he or she Is otherwise entitled, fI) Debarment and Suspension (Ezecut4ve
The non-Federal entity must report all sus- Orders 1$19 and 1%801—A contract• award
potted or reported violations to the Federal (see 2 CFR 190-22DI must not be made to par-
awanlina agency. ties listed on the zovernmentwide Excluded
(E) Contract Work Hours and Safety Parties List System in the System for Award
Standards Act (40 U.S,C. 3701-709). Where blanagement iSAM).in accordance with the
applicable,all contracts awarded by the non- OMB guidelines at 2 CFR 180 that Implement.
Federal entity in excess of SIW,000 that in- Executive Orders 12519 0 CPR Part 1986
volve the employment•of mechanics or labor- Comp.. p 169) and 12M (3 CPR Part 1989
ers must Include a provision for compliance Comp.,p.235),"Debarment and Suspension."
with 40 U.S-C.3702 and 3701,as supplemented The Excluded Parties tdst System In &Jkm
by Department of I zbor regulations 129 CPR contains the names of parties debarrkL sus-
Part 51.Under 40 U,S.C.3202 of the Act,each pended,or otherwise excluded by aitencles.as
contractor must be required to compute the well as parties declared ineligible under stat'
wages of every mectanie and laborer on the utory or regulatory authority other than Ex-
basis of a standard work week of 40 hours, ecut-wo Order 12349,
Work In cxce_�of the standard work week is 1J) Byrd Anti-Lobby"¢ Amendment i31
permissible provided that the worker is com- U.Sk-C. 1353r--Contractors that apply or bid
pensated at a rate of not less than one and a for an award of 5100.000 or more must Ale the
half times the basic rate of pay for all hours required certification. Each tier certifies to
worked in excess of 4D hours in the work tho tier above that It will not and has not
week,The requirements of 40 U.S,C.3704 are used Federal appropriated funds to pay any
applicable to construction work and provide person or organization for influencing or it-
that no taborer or mechanic must• be re- tempting to influence an officer or employee
quired to work in surroundings or under of any agency.a member of Congress.officer
working conditions which are unsanitary- or employee of Congress.or an employee of a
hazardous or dangerous.Thaso requirements member of Congress in connection with ob-
do not apply to the purchases of supplies or tainlnx any Pederal contract. grant or env
195
49
I
PI.200,App.III 2 CFR Ch.II(i-1-14 EdMoN
other award c-orered by 31 C.S-C. 13.52. Each its Sk-axwTed research rA?ans all research
tier mast. also disclose any lobbying with and development activities that are Spon-
non-Federal funds that takes place in con- sored by Federal and non-Feleral aeancies
nection with obtaining any Federal award- and orean1z341ons.This term includes activl-
Sach discla_+uras are forwarded from tier to taps Involving the training of individuals in
tier up to the non-Federal award. research techniques tcommonls called re-
(K)Sea 12CO= Procurement of recovered search tralmrel where such activities atalize
materials. the same facilities as other research and de-
velopment activities and where such activl-
APPF-NDIS III TO PART 200—LN-DIaEer ties are not included In the instruction tunc-
i FdtA 1 Cos" ID1iVTiPICATiON A0,13 tion.
ASSIGNMUN-I'. AND R.kT3 DET%RmMA- l21 Untrersav research means all research
TION FOR INSTreV'noxs OF HIGHER and development activities that are sepa-
EDI:CATION iIHEs1 rately budgeted and accounted for by the in-
stitution under an internal application of in-
s.GM713'LL stitutional funds. University research- for
This appendix provides criteria for adeno- purposes of this document. must be com-
f-vtne and computing indirect for Indirect bined with sponsored research under the
lF&Ao rates at IIIl3s tenstltuteonsl. Indirect function oforganized research.
t F&A j costs are those that are In nrred Cor c other sponsored acttrtues means programs
common or joint objectives and therefore and projects financed by Federal and non-
cannot be Identified readily and specifically Federal agencles and organizations which in-
with a particular sponsored project. an in- volve the performance of work other than in-
structional activity. or any other institu- struction and organized research- Examples
tional activity. See subsection B.I. Defini- of -suchprograms and projects are health
tion of Facilities and Admini-tratlon. for a service
projects and community service pro-
discussion of the cornpore-its of tnllrect ;crams.however.when any of these activities
:FSAI costs. are undertaken by the Institution without.
outside support. they may be classified as
1-.4lgiorFunctions ofanLhstuutton other institutionalacti,.7tees.
Refers to instruction. oreanizad reseanh- d.Other instauttonal activities means all ac-
other sponsored sctevltles and other semcl. cavities of an institution except.for Instruc•-
tional activities as defined in this section: tear. departmental research. organized re-
Instruction means the teaching and earth-and other sponsored acttvltlas,u de-
A.
cralninK activities of an institution. Except tined In this section:Indirect(F&A)c:wt.ac-
for research training as provided to sub- t.lvitles ldentaflod to this Appendix para-
section b.this term includes All teachi=and graph B-Identiflcatton and assignment of in-
trainirts Acllrltec& whether they are offered direct,kP&A1 costs: and speclallwd services
facillUes described in 1_700.#58 Specialized
Cor credits toward a degree or her they
re service facilities of this Part.
on anon-credit bases-and whetter they are Exanples of other Institutional Activities
offered through reenlar academic depart-
ments or separate dirtseons. such as a sum- include operation of residence halls. dining
mer school division or an extension dlyLslon. halls. hospitals and clinics. st.udont unions.
Also conslderead part of this major function Intercollegiate athletics.bookstores.faculty
are departmental research. and. where housing. student. Apartments. guest houses.
Agreed to.university research. chapels.theaters,public museums.and other
511 Sponsored insirucaton and frul"Inv means similar auxiliary enterprlsos.This deflnlUon
specific instructional or tminene Activity es- also includes any other categories of activl-
tabitshed by Brant, contract,or cooperative ties costs of which are "unallowable" to
,wreement. For purposes of the cost prin- Federal awards- unless otherwise indieau l
ciples, this Activity may be considered a in an award.
major function even thou,-,h an ansututlon's Criteria for Dtstrfbutton
accounteit_trraknknt•may Include It In the
Instruction function. a. Vase turlod. A base period for dlstilLu-
t21 fh?prartntentat re'march mearri research, tion of Indervct iF&:11 costs Is the period
development and scholarly act•ivtttes that during which the costs are incurred. The
are not oreanezed research and- con- base period normally should coincide *yth
sequently. are not separately budgeted and the fiscal year established by the institution.
accounted for. Departmental research. for but in a"event the base period should be so
purposes of this document,is not consldertA selected As to avoid Inequities in the dis-
as a major function.but as a part of the in- trebutlon of costs-
structlon function of the Institution- b. Need for cut .rout4rism The overall ob-
s. Ortranited research means all research jective of the indirect iF&Ah cost•allocation
and development activities of an Institution process is to dlstributp the indirect iF&Al
.that are separately bucLpt,,d And accounted costs described to Section B. Identification
for-It includes and assignment of indirect i F&Ah costs. to
196
50
Attachment K
Reporting Forms
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM- 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 16)and Detail of Claims(Form 2):
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.
2. The Detail of Claims form must accompany the Quarterly Financial Report.
3. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority.
4. 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)
2016 EMPG-FUNDING OPPORTUNITY ANNOUNCEMENT(FOA). Requirements for EMPG funded personnel detail on Form 1 B
1. All EMPG funded personnel shall participate in three exercises of any type(e.g. Drills,Tabletop Exercises, Functional),within a
12-month period.
2. All EMPG Program funded 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. In addition, personnel shall complete either the Independent
Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy
delivered either by the Emergency Management Institute(EMI)or at a sponsored State, local,tribal,territorial, regional or other,
designated location.
Proposed Match Plan -(Form 3):
1. This form is due with the signed agreement and will be used to compare with the match portion of your close out report. If your
proposed match plan changes an update should be provided.
2. Federal funds provided under this Agreement shall be matched by the Sub-Recipient dollar for dollar from non-federal funds.
NOTE: If the amount entered below is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other
non federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar
match requirement.
3. The Proposed Match form must be signed by the Chief Financial Officer or equal authority.
Close Out Report-(Form 4):
1. Close Out Reports are due forty-five(45)days after the contract end date. Federal funds provided under this agreement shall be
matched by the Sub-Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less
than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed
EMPA,or if you are not using EMPA for match,the appropriate back-up/supporting documentation needs to be provided(i.e.
general ledger with highlighted matching non-federal funds).
2. The agreement cannot be considered closed until the Close Out Report has been received.
Documentation of project expenditures:
1. Sub-Recipients must maintain documentation of expenditures for a minimum period of three years following the close of
project/program operations unless audits require a longer period of time.
2. Sub-Recipients should maintain a financial file with copies of back-up documentation for all paid project/program expenditures
made by the Sub-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 Sub-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.
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 PERFORMANCE GRANT - EMPG BASE GRANT
QUARTERLY FINANCIAL REPORT
FORM 1A
Sub-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)
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:
Sub-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 EMPG (Federal)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 C7 professional National
EMPA/EMPG-All Emergency Management n. NIMS IS 100 NIMS IS 200 NIMS IS 700 NIMS IS 800 Development Management asic
Personnel w w Series
Academy
N CI O
Name&Position TitleX X of of F H H H
O Q O Q O Ct O Cr 0 0 0 0 0 0 Cr O O O d Q O W If O Q Cr
EMPA QRT1 QRT2 QRT3 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 If per 7/1/16-6/30/17
Develop 8 Maintain Multi-Year Stra is 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 qrt-annex update every 3 ears
Shelter Survey 8 Retrofit Program due by 4th rt
K applicable,EMAP 7/1/16-6/30/17
MPG QRT1 QRT2 QRT3 CRT
Proposed Match Plan due by 1 st 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&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 PERFORMANCE GRANT PROGRAM-BASE GRANT
DETAIL OF CLAIMS
FORM 2
CATEGORY 0
(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 I Date Paid Check Amount AELN(if applicable) •Identify if
Date of Services Number Capital Outlay
Total
50.00
OperattW CapRal OWay(OCO)-an appropriation categoryfor the purchase ofequipment,fixtues and oder farrgbk personal poperfy or a nonconsumable and nonexpendebk natue,the value orcost of Which is$1,000 or more and the
normal expected Ne of which is one(1)year or more,and hard5ack bound books Met"osculated to shrdeos or the general public,the value orcosto which is 1125 or more,and haral ackcovered board books,rhe valm or costo which is
$250 or more.
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-BASE GRANT
DETAIL OF CLAIMS
Form 2(if applicable)
ORGANIZATIONAL/SALARIES AND BENEFITS COSTS
SALARY DEFINITION: The cash compensation for services rendered by a regular employee in an established position for a specific period of time.
County Costs Incurred During the Period of: to Claim Number:
Name of Employees Job Title %of Time Salary$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
I
i
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM -BASE GRANT
INDIAN RIVER COUNTY
Proposed Match Plan EMPG
Form 3
FY 2016-2017
This form is due with the signed agreement and will be used to compare with the match portion of your close out report
If your proposed match plan changes an update should be provided
Federal funds provided under this Agreement shall be matched by the Sub-Recipient dollar for dollar from non-federal
funds NOTE If the amount entered below is NOT EMPA or if the federal obligation exceeds EMPA then you need to
identify the other non federal match below
Funding Source Describe how the County plans to meet the match Amount
!2016-2017 EMPG Obligation
EMPA EMPA Grant :115,806.00
,Local(General Revenue
Local Other Local
,Other Non-Federal
Total
$115,806.00
The total should be equal to or greater than your EMPG obligation
I hereby certify that the above funds reflect the way the county anticipates meeting match requirements in
accordance with this Agreement.
Signed
u R=c:.
ent ntract Manager or Fina ncjal Officer
Name &Title o :n+V
Date t o t�•t
i
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM -BASE GRANT
CLOSE-OUT REPORT
FORM 4
This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of the
Agreement.
Sub-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- I otal Contract
Cost Categories Expenditures Date Amount
1.Organizational Activities
1
2.Planning Activities
2
3.Training Costs
3
4.Exercise Costs
4
5.Equipment Acquisition Costs
5
6.Management and
Administration Costs 6
Total
$0.00 Total 7 $0.00
Agreement Amount
Minus Total Payments
(Including final requested funds—Line 7)
Unspent balance
Federal funds provided under this agreement shall be matched by the Sub-Recipient dollar for dollar from non-federal funds. If
the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting
documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match,the appropriate
back-up/supporting documentation needs to be provided (i.e.general ledger with highlighted matching non-federal funds).
MATCH EMPA LOCAL(General Revenue) LOCAL(other) OTHER NON-FEDERAL
Refund and/or final interest checks are due no later than ninety(90)days after the expiration of the Agreement.
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 and that FOR DEM USE:
the match requirements have been met in accordance with this Agreement. Reconciliation and verification of EMPG funds
Signed Signed
Chief Financial Officer or Finance Director DEM Grant Manager
Name&Title Name&Title
Date Date