HomeMy WebLinkAboutExhibit - AgreementAgreement Number: 15-DS-P4-11-23-02-
CFDA # 97.067
FEDERALLY -FUNDED SUB -GRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Miami,
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to sub -
grant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A and Attachment B of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules
and regulations, including those identified in Attachment D.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end December 31,
2015, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
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.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB
Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Non-profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement,
and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Division or its designee,.
the State Chief Financial Officer or the State Auditor General access to the records upon request. The
Recipient shall ensure that audit working papers are available to them upon request for a period of five
years from the date the audit report is issued, unless extended in writing by the Division. The five year
period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3, Records relating to real property acquired shall be retained for five years after the closing on the
transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to
be paid from funds provided under this Agreement, including documentation of all program costs, in a
form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of
Work - Attachment A and Attachment B - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Division,
its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00
a.m, to 5:00 p.m., local time, on Monday through Friday, "Agents" shall include, but not be limited to,
auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under
this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean normal
business hours of 8:00 a.m, to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial statements upon request
for the purposes of auditing and monitoring the funds awarded under this. Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular
A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in
its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the
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Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions
of OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non -Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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.htmi
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
Q) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla, Stat. The IPA 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 Recipient's fiscal
year,
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports
shall include the current status and progress by the Recipient and all sub -recipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement,
in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the
program year and shall be sent each quarter until submission of the administrative closeout report. The
ending dates for each quarter of the program year are March 31, June 30, September 30 and December
31.
(c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of
the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may
take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the
work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required by the
Division.
(f) The Recipient shall provide additional reports and information identified in Attachment B.
(8) MONITORING.
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The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A and Attachment B to this Agreement, and reported in
the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla.. Stat., 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, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). 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:
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(a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement
with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with
the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations
under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the
term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the
date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written notice
to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more
of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice
of the termination. The notice shall be effective when placed in the United States, first class mail,
postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph
(13) 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 Recipient refund to the Division any monies used for ineligible purposes under the laws, rules
and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3, advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4, require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) 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 Recipient, it will not affect, extend or waive any other right
or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for
any other default by the Recipient.
(12) 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 Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty calendar day's prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment will state the effective date of the termination and
the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations
for the terminated portion of the Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division
because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law,
withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the
Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or
first class, certified mail, return receipt requested, to the representative named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Laura Beagle
2555 Shumard Oak Boulevard
Tallahassee Florida 32399-2100
Telephone: 850-413-9953
Email: laura.beagleCo�em,myflorida.com
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(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
David Walters
444 SW 2 Ave Rm 1034
Miami FL 33136
Telephone: 305-416-5472
Email: dwaltersCc),miamigov.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 as
outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the
Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether
that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) 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:
Exhibit 1 - Funding Sources
Attachment A — Budget
Attachment B - Scope of Work
Attachment C — Deliverables & Performance
Attachment D — Program Statutes and Regulations
Attachment E — Justification of Advance Payment
Attachment F — Warranties and Representations
Attachment G — Certification Regarding Debarment
Attachment G — Certification Regarding Debarment
Attachment H — Statement of Assurances
Attachment l — Reimbursement Checklist
Attachment J — Monitoring Guidelines
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in
the satisfactory performance of work hereunder in an amount not to exceed $100,000, subject to
the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. All advances are required to be held in an interest-bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A and Attachment B of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting documentation for
all costs of the project or services. Invoices shall be accompanied by a statement signed and
dated by an authorized representative of the Recipient certifying that "all disbursements made in
accordance with conditions of the Division agreement and payment is due and has not been
previously requested for these amounts." The supporting documentation must comply with the
documentation requirements of applicable OMB Circular Cost Principles, The final invoice shall
be submitted within sixty (60) days after the expiration date of the agreement. An explanation of
any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division
contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 7 of
this Agreement..
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 (19)(h) of this Agreement, all obligations on the part of the Division to make any
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further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
(18) REPAYMENTS
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
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any
later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is
incorporated by reference. The inaccuracy of the submissions or any material changes shall, at
the option of the Division and with thirty days written notice to the Recipient, cause the termination
of this Agreement and the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County, If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the
provision shall be null and void to the extent of the conflict, and shall be severable, but shall not
invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this Agreement
shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may be taken
as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-.336, 42
U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the
basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) 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
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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,
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with
Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
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(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to
allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INK)]. The Division shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of
the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) 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.
(20) LOBBYING PROHIBITION
(a) 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.
(b). The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
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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 Recipient shall complete
and submit Standard Form -LLL, "Disclosure of Lobbying Activities."
3.The Recipient shall require that this certification be included in the award
documents for all sub -awards (including subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all sub -recipients shall certify and disclose.
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.
(21) COPYRIGHT, PATENT AND TRADEMARK'
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless 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 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 material are
produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement,
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
13
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement,
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
14
CITY OF MIAMI
By:
Name and Title: Daniel J- Al fon-,O, O=ty Manager
Date:
FID# 5g -600027r,
DUNS#
Include a copy of the designation of authority for the signatory, if applicable.
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
In
Name and Title:
Date:
ATTEST:
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mendez
City Attorney
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
Daniel J. Alfonso
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded,
Federal Program
Federal agency: U.S. Department of Homeland Security, Federal Emergency Management
Catalog of Federal Domestic Assistance title and number: Homeland Security Grant Program Award
amount: $100,000
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
44 CFR (Code of Federal Regulations) Part 13 (Common Rule)
2 CFR Part 215
OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133
Federal Program:
List applicable compliance requirements as follows:
Recipient is to use funding to perform eligible activities as identified FY2014 Department of
Homeland Security Funding Opportunity Announcement.
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement
or will not be in compliant with the terms of the Agreement.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(x), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
16
FTYMONUMAIM
PROGRAM BUDGET
Below is a general budget which outlines eligible categories and their allocation
under this award. The Recipient is to utilize the "Proposed Program Budget" as a
guide for completing the "Budget Detail Worksheet" below.
The transfer of funds between the categories listed in the "Proposed Program
Budget" is permitted. However, the transfer of funds between Issues is strictly
prohibited.
17
BUDGET DETAIL WORKSHEET
The Recipient is required to provide a completed budget detail worksheet, to the Division, which
accounts for the total award as described in the "Proposed Program Budget".
If any changes need to be made to the "Budget Detail Worksheet", after the execution of this
agreement, contact the grant manager listed in this agreement via email or letter.
.e.'�•. g��'hF - filar z§t`=' -�'`•- �t,.i'*y 4i n` ',.E A.T¢�` �, �`�'',£'i�i'2 '`.P.rs �
�.� ��� �� �� ���N�''v� tt du^^is'f = � "'�uXM �� f ,};q, 'a*5?r'� �n`A � �
.t.h -Y�iYb.�i`�'�dt w.4
.4.,t'� -r2.k `�Ni.,k - t,�'F
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7 y} �.2 � , d'--,:
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(. 3�<M':� .`xr� ,.-.
%_.: '�iG_:tif"?
.............. .n,aTC. N�..
Developing, Delivering, and Evaluating Training
6
$5,000
$30,000
Overtime and backfill for emergency preparedness and
response personnel attending FEMA -sponsored and
1
$20,000
$20,000
approved training classes.
Overtime and backfill expenses for part-time and
volunteer emergency response personnel participating in
FEMA training.
Training Workshops and Conferences
Activities to achieve training inclusive of people with
disabilities
Full or Part -Time Staff or Contractors/Consultants
Certification/Recertification of Instructors
Travel
4
$5,000
$20,000
Supplies
1
$15,000
$15,000
Tuition for higher education
Other items
1
$15,000
$15,000
ATTACHMENT B
SCOPE OF WORK
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security —
Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2014 Homeland
Security Grant Program (HSGP), consistent with the Department of Homeland Security State Strategy.
Eligible activities are outlined in the Scope of Work for each category below:
Issue and Project Description
Issue 13 — US&R HazMat Training and Exercise - Provides mission specific operations training
to Urban Search & Rescue Task Forces and WMD Regional Hazardous Materials Response
Teams. Additionally, exercises will be conducted in support of the teams and task force training to
test and evaluate response proficiency and readiness.
Categories and Eligible Activities
FY2014 allowable costs for this agreement are for the Training Category. Allowable costs have
been listed in the "Budget Detail Worksheet" Attachment A.
A. Training
FY 2014 SHSP and UASI funds may be used to support attendance to allowable training
deliveries and programs, as described below. FEMA funds must be used to supplement, not
supplant, existing funds that have been appropriated for the same purpose. Allowable
training- related costs include, but are not limited to, the following:
Developing, Delivering, and Evaluating Training. Includes costs related to administering the
training, planning, scheduling, facilities, materials and supplies, reproduction of materials,
disability accommodations, and equipment.
Training that promotes individual, family, or community safety and preparedness is
encouraged, including: all -hazards safety training such as emergency preparedness, basic
first aid, lifesaving skills, crime prevention and terrorism awareness, school preparedness,
public health issues, chemical facility incidents, mitigation/property damage prevention,
safety in the home, light search and rescue skills, principles of NEMS/ICS, volunteer
management
and volunteer activities, serving and integrating people with disabilities, pet care
preparedness, CPR/AED training, identity theft workshops, terrorism awareness seminars,
and disability -inclusive community preparedness conferences. The delivery of the CERT
Basic Training Course and supplemental training for CERT members who have completed
the basic training, the CERT Train -the -Trainer Course, and the CERT Program Manager
course are strongly encouraged.
• Conducting, hosting, or participating in training related to IED prevention, protection,
mitigation, or response to include:
• Awareness and education for the public, private sector and first responders;
• Suspicious activity identification and reporting, including the Surveillance Detection and
Bomb -Making Materials Awareness Program (BMAP);
• Management of bomb threats;
• Physical protective measures;
19
• Diversion control measures for dual -use explosive precursor chemicals, including the
Surveillance Detection and Bomb -Making Materials Awareness Program (BMAP);
• Training for specialized IED prevention and protection teams or OPacks such as Public
Safety Bomb Squads, Explosives Detection Canine Teams, and Mobile Explosive Device
Screening Teams in accordance with applicable guidelines, certification, or accreditation
requirements.
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 the awarding agency, 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. Requests for overtime or backfill must be reduced by
the number of hours of leave taken in the pay period. For the purposes of this
agreement, leave and pay period are defined according to the Fair Labor Standards Act
(FLSA).
• 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 approved training.
• Hiring of Full or Part -Time Staff or Contractors/Consultants. Payment of salaries and
fringe benefits to full or part-time staff or contractors/consultants must be in accordance
with the policies of the State or unit(s) of local government and have the approval of the
State or awarding agency, whichever is applicable. Such costs must be included within
the funding allowed for program management personnel expenses. In no case is dual
compensation allowable.
• Certification/Recertification of Instructors. States are encouraged to follow the NTE
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 that involve training of trainers. This information is contained in IB 193,
issued October 20, 2005. Additional information can be obtained at
http://www.fema.gov/good_guidance/download/10146.
• Training and exercises for the public or civilian volunteer programs supporting first
responders, including CERTs, before, during and after disasters should address the
needs of the Whole Community. Allowable training includes: all -hazards safety such as
emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism
awareness, school preparedness, youth preparedness, public health issues, chemical
facility incidents, mitigation/property damage prevention, safety in the home, light search
and rescue skills, principles of NIMS and ICS, volunteer management, serving and
integrating people with disabilities, pet care preparedness, training necessary to
participate in volunteer activities, fulfill surge capacity roles, integration and coordination
of faith community roles, communication,in disaster or promotes individual, family, or
whole community safety and preparedness. Exercises that include members of the public
or that are conducted for the public should be coordinated with local CERTs and/or
Citizen Corps Councils as well as organizations outside of emergency management and
focus on the importance of personal preparedness and protective actions.
Per FEMA Grant Programs Directorate Policy FP 207-008-064-1, Review and Approval
Requirements for Training Courses Funded Through Preparedness Grants, issued on September
9, 2013, States, territories, Tribal entities and urban areas are no longer required to request
approval from FEMA for personnel to attend non -FEMA training as long as the training is
coordinated with and approved by the State, territory, Tribal or Urban Area Training Point of
20
Contact (TPOC) and falls within the FEMA mission scope and the jurisdiction's Emergency
Operations Plan (EOP). The only exception to this policy is for Countering Violent Extremism
courses. The Policy can be accessed at
http://www.fema.gov/medialibrary/assets/documents/34856.
FEMA will conduct periodic reviews of all State, territory, and Urban Area training funded by
FEMA. These reviews may include requests for all course materials and physical observation of,
or participation in, the funded training. If these reviews determine that courses are outside the
scope of this guidance, grantees will be asked to repay grant funds expended in support of those
efforts.
For further information on developing courses using the instructional design methodology and
tools that can facilitate the process, SAAB and TPOCs are encouraged to review the TED
Responder Training Development Center (RTDC) available at
http://www.firstrespondertraining.gov/rtdc/state/.
Additional Training Information
FEMA Provided Training. These trainings include programs or courses developed for and
delivered by institutions and organizations funded by FEMA. This includes the Center for
Domestic Preparedness (CDP), the Emergency Management Institute (EMI), and the National
Training and Education Division's (NTED) training partner programs including, the Continuing
Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural
Domestic Preparedness Consortium (RDPC).
Approved State and Federal Sponsored Course Catalogue. This catalogue lists State and
Federal sponsored courses that fall within the FEMA mission scope, and have been approved
through the FEMA course review and approval process. An updated version of this catalog can
be accessed at http://www.firstrespondertraining.gov.
Training Not Provided by FEMA. These trainings includes courses that are either State
sponsored or Federal sponsored (non -FEMA), coordinated and approved by the SAA or their
designated TPOC, and fall within the FEMA mission scope to prepare State, local, Tribal, and
territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of
terrorism or catastrophic events.
State Sponsored Courses. These courses are developed for and/or delivered by institutions or
organizations other than Federal entities or FEMA and are sponsored by the SAA or their
designated TPOC.
Joint Training and Exercises with the Public and Private Sectors. These courses are
sponsored and coordinated by private sector entities to enhance public-private partnerships for
training personnel to prevent, protect against, mitigate, respond to, and recover from acts of
terrorism or catastrophic events. Overtime pay for first responders and emergency managers
who participate in public-private training and exercises is allowable. In addition, States, territories,
Tribes, and Urban Areas are encouraged to incorporate the private sector in government
sponsored training and exercises.
Additional information on both FEMA provided training and other federal and state training can be
found at http://www.firstrespondertraining.gov.
Training Information Reporting System ("Web -Forms"). Web -Forms is an electronic
form/data management system built to assist the SAA and its designated State, territory and
Tribal Training Point of Contact (TPOC). Reporting training activities through Web -Forms is not
21
required under FY 2014 HSGP, however, the system remains available and can be accessed
through the FEMA Toolkit located at http://www.firstrespondertraining.gov/admin in order to
support grantees in their own tracking of training.
FDEM State Training Office conditions: For the purposes of this Agreement, any training
course listed on the DHS approved course catalog qualifies as an authorized course. The
Recipient can successfully complete an authorized course either by attending or conducting that
course.
In order to receive payment for successfully attending an authorized training
course, the Recipient must provide the Division with a certificate of course
completion; additionally, the Recipient must provide the Division with all receipts
that document the costs incurred by the Recipient in order to attend the course,
In order the receive payment for successfully conducting an authorized course,
the Recipient must provide the Division with the course materials and a roster
sign -in sheet; additionally, the Recipient must provide the Division with all
receipts that document the costs incurred by the Recipient in order to conduct the
course."
For courses that are non -DHS approved training, recipient must request approval
to conduct training through the use of the Non -TED Form and provide a copy,
along with email, showing approval granted for conduct.
• For the conduct of training workshops, recipient must provide a copy of the
course materials and sign -in sheets.
• The number of participants must be a minimum of 1.5 in order to justify the cost of
holding a course. For questions regarding adequate number of participants
please contact the FDEM State Training Officer for course specific guidance.
Unless the recipient receives advance written approval from the State Training
Officer for the number of participants, then the Division will reduce the amount
authorized for reimbursement on a pro -rata basis for any training with less than
15 participants,
B. Procurement
All procurement transactions will be conducted in a manner providing full and open
competition and shall comply with the standards articulated in:
• 44 Code of Federal Regulation, Section 13,36;
Chapter 287, Florida Statues; and,
• any local procurement policy.
To the extent that one standard is more stringent than another, then the sub -grantee must
follow the more stringent standard. For example, if a State statute imposes a stricter
requirement than a Federal regulation, then the sub -grantee must adhere to the requirements
of the State statute.
The Division shall pre -approve all scopes of work for projects funded under this agreement.
Additionally, the sub -grantee shall not execute a piggy -back contract unless the Division has
approved the scope of work contained in the original contract that forms the basis for the
22
piggy -back contract. Also, in order to receive reimbursement from the Division, the sub-
grantee must provide the Division with a suspension and debarment form for each vendor that
performed work under the agreement. Furthermore, if requested by the Division, the sub-
grantee shall provide copies of solicitation documents including responses and justification of
vendor selection.
C. Piggy -backing
The practice of procurement by one agency using the agreement of another agency is called
piggybacking. The ability to piggyback onto an existing contract is not unlimited. The
existing contract must contain language or other legal authority authorizing third parties to
make purchases from the contract with the vendor's consent. The terms and conditions of
the new contract, including the scope of work, must be substantially the same as those of the
existing contract. The piggyback contract may not exceed the existing contract in scope or
volume of goods or services. An agency may not use the preexisting contract merely as a
"basis to begin negotiations" for a broader or materially different contract.
Section 215.971, Florida Statutes
Statutory changes enacted by the Legislature impose additional requirements on grant and
sub -grant agreements funded with Federal or State financial assistance. In pertinent part,
Section 215.971(1) states:
(1) An agency agreement that provides state financial assistance to a recipient or
sub -recipient, as those terms are defined in s. 215.97, or that provides federal
financial assistance to a sub -recipient, as defined by applicable United States Office
of Management and Budget circulars, must include all of the following:
(a) A provision specifying a scope of work that clearly establishes the tasks that
the recipient or sub -recipient is required to perform.
(b) A provision dividing the agreement into quantifiable units of deliverables
that must be received and accepted in writing by the agency 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.
(c) A provision specifying the financial consequences that apply if the recipient
or sub -recipient fails to perform the minimum level of service required by
the agreement. The provision can be excluded from the agreement only if
financial consequences are prohibited by the federal agency awarding the
grant. Funds refunded to a state agency from a recipient or sub -recipient for
failure to perform as required under the agreement may be expended only
in direct support of the program from which the agreement originated.
(d) A provision specifying that a recipient or sub -recipient of federal or state
financial assistance may expend funds only for allowable costs resulting
from obligations incurred during the specified agreement period.
(e) A provision specifying that any balance of unobligated funds which has
been advanced or paid must be refunded to the state agency.
23
(f) A provision specifying that any funds paid in excess of the amount to which
the recipient or sub -recipient is entitled under the terms and conditions of
the agreement must be refunded to the state agency.
(g) Any additional information required pursuant to s. 215.97.
Failure to comply
Failure to comply with any of the provisions outlined above shall result in disallowance of
reimbursement for expenditures.
D. Unauthorized Expenditures
a. Activities unrelated to the completion and implementation of the grant program
b. Funding may not be used to supplant ongoing, routine public safety activities of state
and local emergency responders, and may not be used to hire staff for operational
activities or backfill. Funds cannot not replace (supplant) funds that have been
appropriated for the same purpose.
E. National Incident Management System (NIMS) Implementation
HSPD-5, "Management of Domestic Incidents," mandated the creation of NIMS and the
National Response Framework (NRF). NIMS provides a consistent framework for entities
at all jurisdictional levels to work together to manage domestic incidents, regardless of
cause, size, or complexity. To promote interoperability and compatibility among Federal,
State, local, and tribal capabilities, NIMS includes a core set of guidelines, standards,
and protocols for command and management, preparedness, resource management,
communications and information management, supporting technologies, and
management and maintenance of NIMS. Prior to the allocation of any Federal
preparedness awards in FY2014, grantees must ensure and maintain adoption and
implementation of NIMS. Additionally, grantees and sub -grantees will be required to
meet certain NIMS compliance requirements. This includes all emergency preparedness,
response, and/or security personnel in the organization participating in the development,
implementation, and/or operation of resources and/or activities awarded through this
grant must complete training programs consistent with the NIMS Training Plan. Minimum
training includes: IS -100.b Introduction to ICS; IS -200.b ICS for Single Incidentand Initial
Action Incidents; IS -700. a NIMS: An Introduction. IS -800 NRF: An Introduction,
Additional NIMS courses would include: Intermediate Incident Command System (G300),
and Advanced Incident Command System (G-400) are also recommended. For
additional guidance on NIMS training, please refer to
http://www.fema.qov/emergency/nims/nims training program.pdf
F. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 15 days after the end of the reporting
periods (March 31, June 30, September 30 and December 31) for the life of this contract.
• If a report(s) is delinquent, future financial reimbursements will be withheld until
the Recipient's reporting is current.
• If a report goes two (2) consecutive quarters without Recipient reflecting any
activity and/or no expenditures will likely result in termination of the agreement.
24
Programmatic Reporting Schedule
Reporting Period
Report due to DEM no later than
January 1 through March 31
April 15
April 1 through June 30
July 15
July 1 through September 30
October 15
October 1 through December 31
January 15
Programmatic Reporting-BSIR
Biannual Strategic Implementation Report:
After the end of each reporting period, for the life of the contract unless directed
otherwise, the SAA, will complete the Biannual Strategic Implementation Report
in the Grants Reporting Tool (GRT) https://www.reportinq.odp.dhs.gov. The
reporting periods are January 1 -June 30 and July 1 -December 31. Data entry is
scheduled for December 1 and June 1 respectively. Future awards and
reimbursement may be withheld if these reports are delinquent..
3. Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and
approval at any time during the contract period. Reimbursements must be
requested within 90 calendar days of expenditure of funds, and quarterly at a
minimum. Failure to submit request for reimbursement within 90 calendars of
expenditure shall result in denial of reimbursement, The Recipient should
include the category's corresponding line item number in the "Detail of Claims"
form. This number can be found in the "Proposed Program Budget". A line item
number is to be included for every dollar amount listed in the "Detail of Claims"
form.
4. Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management
no later than 4`5 calendar days after the agreement is either completed or the
agreement has expired.
G. Programmatic Point of Contact
Contractual Point of Contact
Programmatic Point of Contact
Laura Beagle
Owen Roach FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Tallahassee, FL 32399-2100
(850) 410-1599
(850) 413-9953
owen.roach@em.myflorida.com
nikki.hines@em.myflorida.com
25
H. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of
work.
• The FDEM shall administer the financial processes.
State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven,
capabilities -based State Homeland Security Strategies to address capability targets set in
Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments
(THIRAs). The capability levels are assessed in the State Preparedness Report (SPR) and
inform planning, organization, equipment, training, and exercise needs to prevent, protect
against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
In addition, the Recipient is to complete the following issues as described below throughout
the agreement period to ensure compliance and coordination with the Homeland Security Grant
Program. Items listed below are to be reviewed quarterly to ensure recipients' compliance.
Documentation supporting the completion of the issues outlined below shall be submitted along
with the Quarterly Financial report.
Issue 12 - Fire Rescue US&R Training, Exercise and IMT
This project will provide specialized training to members of the Urban Search & Rescue Task
Forces, Type II WMD Regional Hazardous Materials Response Teams and the State's Type III
Incident Management Team. Classes that the City of Miami has sent forth for approval are as
follows:
• Confine Space Operations in the Collapse Environment (10 hour Refresher) - $5,000
• Advance Rope Rescue Techniques (10 hour Refresher) - $5,000
• Structural Collapse Refresher Metal Cutting and Burning (10 hour Refresher) - $5,000
• Structural Collapse Refresher: Emergency Shoring (10 hour Refresher) - $5,000
• Vehicle and Machinery Extrication in the Sudden Building Collapse Environment (10 hour
Refresher) - $5,000
. Boat Flood/Swiftwater Operators Course - $5,000
• Supplies that include training suits, safety gear, batteries - $10,000
• Protective Equipment/PPE - $5,000
• Training Breathing Equipment - $5,000
OT/Backfill expenses for emergency preparedness and response personnel - $20,000
• Development, Delivering, and Evaluating of Training - $30,000
TOTAL COST - $100,000
Im
ATTACHMENT D
PROGRAM STATUTES, REGULATIONS AND SPECIAL CONDITIONS
1) 53 Federal Register 8034
2) Lobbying Prohibitions 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28
CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1975;
19) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 20) 28
CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
22) Chapter 252, Florida Statutes
23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
24) 44 CFR, Part 302
25) 48 CFR, Part 31
26) OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133
27) Drug Free Workplace Act of 1988
28) False Claims Act and Program Fraud Civil Remedies (31 U.S.C. § 3729)
29) Fly America Act of 1974
30) Hotel and Motel Fire Safety Act of 1990 (15 U.S.C. §2225(x)
31) Trafficking Victims Protection Act of 2000
32) USA Patriot Act of 2001
Special Conditions
1. The Recipient shall comply with the most recent version of the Administrative Requirements, Cost
Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to
Department of Homeland Security grants are listed below;
A. Administrative Requirements
27
• 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
• 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB
Circular A-110)
B. Cost Principles
• 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB
Circular A-87)
• 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)
• 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
• Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations
2. Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA.
3. The Funding Opportunity Announcement for this program is hereby incorporated into your award
by reference. By accepting these funds, the recipient agrees that all allocations and use of funds
under this grant will be in accordance with the requirements contained in the Funding Opportunity
Announcement.
4. The recipient shall not undertake any project having the potential to impact Environmental or
Historical Preservation (EHP) resources without the prior approval of FEMA, including but not
limited to communications towers, physical security enhancements involving ground disturbance,
new construction, and modifications to buildings, structures and objects that are 50 years old or
older, and purchase and use of sonar equipment. Recipient must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope
of work will require re-evaluation for compliance with these EHP requirements. if ground
disturbing activities occur during project implementation, the recipient must ensure monitoring of
ground disturbance, and if any potential archeological resources are discovered, the recipient will
immediately cease construction in that area and notify FEMA and the appropriate State Historic
Preservation Office. Any construction activities that have been initiated without the necessary
EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA
funding.
28
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested.
Balance of payments will be made on a reimbursement basis,
These funds are needed to pay staff, award benefits to clients, duplicate
forms and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20_-20_ Anticipated Expenditures for First Three Months
(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)
W,
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Financial Management
Recipient's financial management system must Include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances,
assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation,
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, .
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offer or whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offer or must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
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Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current Licenses and permits
required for all of the particular work for which they are hired by the Recipient.
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ATTACHMENT C
Subcontractor Coverer! Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DEM Contract Number
Project Number
32
ATTACHMENT H
STATEMENT OF ASSURANCES
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS Circulars No. A-21, A-110, A-122, A-128, A-87; 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(x) 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 director indirect Federal
assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
33
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its sub -grantees 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 II of the Americans with Disabilities Act (ADA)
(1990); Title 1X 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 recipient of funds, the 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.
34
ATTACHMENT I
REIMBURSEMENT CHECKLIST
Please Note: FDEM reserves the right to update this check Fist throughout the life of the
grant to ensure compliance with applicable federal and state rules and
regulations.
Equipment
❑ 1, Have all invoices been included?
❑ 2. Has an AEL # been identified for each purchase?
❑ 3, If service/warranty expenses are listed, are they only for the performance period of
the grant?
❑ 4, Has proof of payment been included? (E.g. canceled check, Electronic Funds
Transfer (EFT) confirmation, or P -Card back up documentation which will include
receipt with vendor, copy of credit card statement showing expense charged, and
payment to credit card company for that statement)
❑ 5. If EHP form needed — has copy of it and approval from State/DHS been
included?
Planning
Consultants/Contractors (Note: this applies to contractors_ also billed under
Organization)
❑ 1. Does the amount billed by consultant add up correctly?
❑ 2. Has all appropriate documentation to denote hours worked been properly signed?
3. Have copies of all planning materials and work product (e.g. meeting documents,
❑ copies of plans) been included? (If a meeting was held by recipient or
contractor/consultant of recipient, an agenda and signup sheet with meeting date must
be included).
❑ 4. Has the invoice from consultant/contrator been included?
❑ 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds
Transfer (EFT) confirmation, or P -Card back up documentation which will include
receipt with vendor, copy of credit card statement showing expense charged, and
payment to credit card Company for that statement).
❑ 6. Has Attachment H (found within Agreement with FDEM) been completed for this
consultant and included in the reimbursement package?
Training
❑ 1. Is the course DHS approved? Is there a course or catalog number? If not, has FDEM
approved the non -DHS training? Is supporting documentation included your
reimbursement request?
❑ 2, Have sign -in sheets, rosters and agenda been provided?
❑ 3. If billing for overtime and/or backfill, has a spreadsheet been provided that lists
attendee names, department, # of hours spent at training, hourly rate and total amount
35
paid to each attendee? Have print outs from entity's financial system been provided as
proof attendees were paid? For backfill, has a clear delineation/cross reference been
provided showing who was backfilling who?
❑ 4. Have the names on the sign -in sheets been cross-referenced with the names of the
individuals for whom training reimbursement costs are being sought?
❑ 5. Has any expenditures occurred in support of the training (e.g., printing costs, costs
related to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment)? If so, receipts and proof of
payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT)
confirmation, or P -Card back up documentation which will _include receipt with vendor,
copy of credit card statement showing expense charged, and payment to credit card
Company for that statement).
Exercise
❑ 1. Has documentation been provided on the purpose/objectives of the exercise? Such
as, SITMAN/EXPLAN.
❑ 2. If exercise has been conducted - has after -action report been included? Have sign -in
sheets, agenda, rosters been provided?
❑ 3. If billing for overtime and backfill, has a spreadsheet been provided that lists
attendee names, department, # of hours spent at exercise, hourly rate and total paid to
each attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation/cross reference been .
provided showing who was backfilling who?
❑ 4. Have the names on the sign -in sheets been cross-referenced with the names of the
individuals for whom exercise reimbursement costs are being sought?
5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in
support of the exercise? If so, receipts and proof of payment must be submitted. (E.g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card back up
documentation to include receipt with vendor, copy of credit card statement showing
expense charged, and payment to credit card Company for that statement).
❑ 6. Has any expenditures occurred on rental of space/locations for exercises planning and
conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must
be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation,
or P -Card back up documentation to include receipt with vendor, copy of credit
card statement showing expense charged, and payment to credit card Company
for that statement).
Travel/Conferences
❑ 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll
receipts, hotel receipts, car rental receipts, registration fee receipts and parking
receipts? Are these receipts itemized? Do the dates of the receipts match the
date(s) of travel/conference? Does the hotel receipt have a zero balance? If
applicable, have a travel authorization and travel reimbursement form been
Ki
included to account for per diem, mileage and other travel expenses which have
been reimbursed to the traveler by sub grantee?
❑ 2. If travel is a conference has the conference agenda been included?
❑ 3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic
Funds Transfer (EFT) confirmation, or copy of payroll check if reimbursed through
payroll),
Matching Funds
❑ 1. Contributions are from Non Federal funding sources.
❑ 2. Contributions are from cash or in-kind contributions which may include training
investments.
❑ 3. Contributions are not from salary, overtime or other operational costs unrelated to
training.
For All Reimbursements - The Final Check
1. Have all relevant forms been completed and included with each request for
reimbursement?
❑ 2. Have the costs incurred been charged to the appropriate POETE category?
❑ 3. Does the total on all Forms submitted match?
❑ 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer?
❑ 5. Has the reimbursement package been entered into sub -grantee's
records/spreadsheet?
❑ 6. Have the quantity and unit cost been notated on Reimbursement Budget
Breakdown?
37
ATTACHMENT J
Florida Division of Emergency Management US Department of Homeland Security
Grants Program Grant Monitoring Process
Florida has enhanced state and local capability and capacity to prevent, prepare and
respond to terrorist threats since 1999 through various funding sources including federal
grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility
to track and monitor the status of grant activity and items purchased to ensure compliance
with applicable SHSGP grant guidance and statutory regulations. The monitoring process
is designed to assess a recipient agency's compliance with applicable state and federal
guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site
visits. There are two primary areas reviewed during monitoring activities - financial and
programmatic monitoring. Financial monitoring is the review of records associated with
the purchase and disposition of property, projects and contracts. Programmatic
monitoring is the observation of equipment purchased, protocols and other associated
records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is the review of projects, financial activity and technical assistance
between FDEM and the applicant via e-mail and telephone. On -Site Monitoring are actual
visits to the recipient agencies by a Division representative who examines records,
procedures and equipment.
Freguency of annual monitoring activity:
Each year the FDEM will conduct monitoring for up to 50% of their sub -grantees, It is
important to note that although a given grant has been closed, it is still subject to either
desk or on-site monitoring for a five year period following closure,
Areas that will be examined include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub -hand receipt procedures;
38
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency NIMS/ICS compliance documentation;
Equal Employment Opportunity (EEO Status);
Procurement Policy
FDEM may request additional monitoring/information if the activity, or lack thereof,
generates questions from the region, the sponsoring agency or FDEM leadership, The
method of gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Recipients will be required to participate in desk
top monitoring on an annual basis and as determined by the FDEM. This contact will
provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if
the FDEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be
notified by the program office via email. Information will include the grant recipient agency
name, year and project description and the nature of the issue in question. Many of the
issues that arise may be resolved at the regional or sponsoring agency level. Issues that
require further TA will be referred to the FDEM for assistance. Examples of TA include but
are not limited to:
4Equipment selection or available vendors
,Eligibility of items or services
Coordination and partnership with other agencies within or outside the region or
discipline
4 -Record Keeping
39
Reporting Requirements
Documentation in support of a Request for Reimbursement
On -Site Monitoring will be conducted by the FDEM or designated personnel. On-site
Monitoring visits will be scheduled in advance with the recipient agency POC designated
in the grant agreement.
The FDEM will also conduct coordinated financial and grant file monitoring. These
monitoring visits will be coordinated with the capability review visits. Subject matter
experts from other agencies within the region or state may be called upon to assist in the
form of a peer review as needed,
All findings related to the capability review will be documented and maintained within the
FDEM.
On-site Monitoring Protocol
On-site Monitoring Visits will begin with those grantees that are currently spending or have
completed spending for that federal fiscal year (IFFY). Site visits may be combined when
geographically convenient. There is a financial and programmatic on-site monitoring
checklist to assist in the completion of all required tasks.
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact (POC) outlining the date, time
and purpose of the site visit before the planned arrival date.
The appointment should be confirmed with the grantee in writing (email is acceptable) and
documented in the grantee folder.
The physical Location of any equipment located at an alternate site should be confirmed
with a representative from that location and the address should be documented in the
grantee folder before the site visit,
BE
On -Site Monitoring Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted.
During this time, the purpose of the site visit and the items FDEM intends to examine will be
identified. If financial monitoring visit will be conducted, they will then explain their objectives and
will proceed to perform the financial review,
FDEM personnel will review all files and supporting documentation. Once the supporting
documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response
vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent
location on each piece of equipment as per recipient agency requirements. The serial number
should correspond with the appropriate receipt to confirm purchase. Photographs should be taken
of the equipment (large capital expenditures in excess of $1,000. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation
must be provided to account for that particular piece of equipment, Once the tour/visual/spot
inspection of equipment has been completed, the FDEM personnel will then conduct an exit
conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports,
payment voucher/reimbursement, equipment, questions, etc.
Post Monitoring Visit
FDEM personnel will review the on-site monitoring review worksheets and backup documentation
as a team and discuss the events of the on-site monitoring.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the
grantee explaining any issues and corrective actions required or recommendations. Should no
issues or findings be identified, a monitoring report to that effect will be generated and sent to the
grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the
FDEM. Noncompliance on behalf of sub -grantees is resolved by management under the terms of
the Sub grant Agreement.
The On -Site Monitoring Worksheets, the monitoring report and all back up documentation will then
be included in the grantee's file.
41