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HomeMy WebLinkAboutExhibitPROJECT TITLE: State Homeland Security Grant Program ("SHGSP") Sub -Recipient Agreement for Expenditure of Local Government Unit Funding for FL USAR Task Forces For Fiscal Year 2015 RESOURCES: State of Florida, Dept. of Financial Services $100,000.00 APPROPRIATIONS: $100,000.00 x 4: STATE OF FLORIDA DIVISION OF EMERGENCY RICK SCOTT Governor MANAGEMENT BRYAN KOON Director GRANT AWARD SUB -RECIPIENT: City of Miami Fire Rescue TF2 PROJECT TITLE: State Homeland Security Grant Program FEDERAL GRANT PD: 09/01/2015 to 08/31/2018 AWARD TOTAL: $1001000 - Issue 15 FEDERAL GRANT NO: . EMW-2015-SS-00083-S01 In accordance with the provisions of Federal Fiscal Year 2015 State Homeland Security Grant Program (HSGP), the Florida Division of Emergency Management (FDEM) who serves as the State Administrative Agency (SAA) hereby awards to the foregoing Sub -recipient a grant in the amount shown above. Payment of Funds: The Award Letter must be signed by the Official Authorized to Sign in the space below and the original returned to the FDEM before execution of your agreement. The sub -recipient should not expend any funds until a fully executed agreement has been received from FDEM and all Special Conditions are satisfied. Grant funds will be disbursed to sub - recipients (according to the approved project budget) upon receipt of evidence that items have been invoiced, deliverables have been received and that funds have been expended (i.e., invoices, contracts, itemized expenses, canceled checks, etc.). Non -Supplanting Requirement: Requires that sub -recipients provide assurance that sub - grant funds will not be used to supplant or replace local or state funds that have been budgeted for the same purpose through non-federal sources. In compliance with that mandate, I certify that the receipt of federal funds through FDEM shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities, Conditions: I certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions governing these funds and all other federal laws; that all information is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to the period of performance end date stipulated in the funding agreement. DIVISION H EADQUARTERS STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard FLORIDA RECOVERY OFFICE Tallahassee, FL 32399-2100 2702 Directors Row Tel: 850-413-9969 • Fax: 850-488-1016 Orlando, FL 32809-5631 www. Florid@Disaster org GRANT AWARD PAGE TWO Conditions. continued: I certify that I understand and agree thatoncegrant funding agreement has been sent to sub -recipient, the funding agreement will be executed within six (6) months of the letter date. I understand if the funding agreement is not executed in that time frame, the awarded amount is considered declined and funds will expended on behalf of locals by the SAA. Deployable Capabilities: It is also understood that all assets and capabilities achieved or sustained with HSGP grant funds, are deployable and shareable at the direction of the SAA, with cost potentially reimbursable in conformance with Emergency Management Assistance Compacts (SMAC) or other Statewide Mutual Aid/Assistance (SMAA) agreements. Assets should be available to utilize in multiple jurisdictions, regions, and the Nation; any asset that is physically mobile can be used anywhere in the United States and territories via EMAC or other mutual aid/assistance agreements. ACCEPTANCE FOR THE SUB -RECIPIENT: City of Miami Fire Rescue - TF2 Signature of Official Authorized to Sign Signature of Director, Division of for Recipient Emergency Management, SAA Date Date POINT OF CONTACT INFORMATION Point of Contact (POC) Name: Grant Musser Physical Address of Sub -Recipient: 444 SW 2nd Ave, 1 Oth floor City: Miami POC Phone No: 305-416-5472 State: Florida gmusser@miamigov.com Email Address. GRANT AWARD NOTICE: THIS AWARD IS SUBJECT TO THE GRANT SPECIAL CONDITIONS AND FINAL APPROVAL OF SUB -RECIPIENT'S PROPOSED BUDGET BY FLORIDA DIVISION OF EMERGENCY MANAGEMENT. Contract Number: 16 -DS -T9 -10 -60 -01 - FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract," As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient means "a non -Federal entity that receives a subaward From a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: City of Miami Fire Rescue Sub -Recipient's unique entity identifier (DUNS): Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient: Total Amount of the Federal Award: Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the Pass-through entity: CFDA Number and Name: EMW-2015-SS-00083-S01 9/1/2015 Date of Execution —12/31/201 $100,000.00 $10,068,475.00 See Article I, Agreement Articles: EMW-2015-SS-00083 Dept. of Homeland Security/FEMA FL Div. of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 97.067 Homeland Security Grant Program Whether the award'is Research & Development: No (N/A) Indirect cost rate for the Federal award: 32.78% 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 Fire Rescue, (hereinafter referred to as the "Sub -Recipient" ).. For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B, The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the.Federal award in accordance with state laws and procedures for expending and accounting for:the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", shall apply to this Agreement. (2) LAWS. RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971 (1), Florida Statutes, this Agreement includes; A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed. and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. 2 v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division: c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment D. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the following Division employee shall serve as the grant manager for this agreement, shall be responsible for enforcing performance of this Agreement's terms and conditions, and shall serve as the Division's liaison with the Sub -Recipient: Carolyn L. Coleman MSW 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: (850)413-9974 Fax: (850) 922-8689 Email: Car6lyn.coleman@em.mytlorida.com b. The name and address of the. Representative of the Sub -Recipient responsible for the administration. of this Agreement is: Grant Musser 444 SW 2 Avenue, 10th Mr. Miami, FL 33 13 6 Telephone: (305)416-5472 Fax:_(305) 569-4070 Email: grfiusser@miamigov.com P. In the event that different representatives or addresses are designated by either party after execution of this .Agreement, notice of the name, title and address of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original., (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK, The Sub -Recipient shall perform the work in accordance with the Attachment A, Budget and Attachment B, Scope of Work, of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on December 31, 2016, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub - Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds: b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient gnly for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"), The maximum reimbursement amount for the entirety of this Agreement is $100,000.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise, (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment B, Scope of Work, that clearly delineates: 0 The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime. expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §2.00.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431 (b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. If the Sub -Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, H. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: I. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of three (3) years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: If any litigation, claim, or audit is started before the expiration of the three (3) year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the three (3) year retention requirement is not applicable to the Sub - Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. Vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the -rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private'entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates 7 the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and Local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law, The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations, (11)AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.° d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(g), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingie Auditnem.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle Audi# aj�,em.myfiorida.com . OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. 0 b. Quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. All closeout reports shall be due no later than August 31, 2018, regardless of the time extension or other exceptional circumstances. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment A (Scope of Work). (13)MONITORING. a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved, A review shall, be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a, Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall 10 hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it isnot an employee or agent of the Division, but is an independent contractor. b. As required by section 768,28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet Its obligations under this Agreement; b. If material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. If the Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United 11 States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; Agreement; b. Begin an. appropriate legal or equitable action to enforce performance of this c, Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use.of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience -through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. 12 Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)SUBCONTRACTS If the Sub -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 Sub -Recipient. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub - Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Sub -Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: L Exhibit 1 - Funding Sources ii. Attachment A - Budget iii. Attachment B — Scope of Work iv. Attachment C - Deliverables and Performance v. Attachment D — Program Statutes and Regulations VL Attachment E — Justification of Advance Payment vii. Attachment F — Warranties and Representations viii. Attachment G — Certification Regarding Debarment ix. Attachment H — Statement of Assurances X. Attachment I — Reimbursement Checklist xi. Attachment J — Monitoring Guidelines Al. Attachment K — Environmental Planning & Historic Preservation Guidelines xiii. Attachment L — Mandatory Contract Provisions (20)PAYMENTS 13 a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181 (16), Florida Statues, All advances are required to be held in an interest- bearing account. 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 reimoursement has been paid prior to the submittal of a request for advanced payment. b. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Sub -Recipient agrees to expend funds in accordance with the Attachment A, Budget and Attachment B, Scope of Work of this Agreement, c; 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 Sub -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 contained in 2 C.F.R. Part 200. The final invoice shall be submitted within forty-five (45) days after the expiration date of the agreement or forty-five (45) days after completion of the activities contained I this Agreement, whichever occurs first, An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Sub -Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. All invoices shall be due no later than August 16, 2018, regardless of time extensions or other exceptional circumstances. d. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b, of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 14 b. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of. the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity'in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 15 Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and, iv. Have not within a five -.year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. i, The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 1 Oa, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION 16 a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. No funds or other resources received from the Division under this Agreement maybe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency c. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. {24)COPYRIGHT. PATENT AND TRADEMARK 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 SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 17 b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (25)LEGAL AUTHORIZATION, The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (26)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: By: Name and Title: _pan; c�7 T Alfonso, City Manager Date: FID# 6GO93 5 Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT A Name and Title: Date: 19 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 In EXHIBIT -1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance Title and number: CFDA 97.067 Award amount: .$100,000.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Chapter 215, 252, 473 Florida Statutes Rule Chapters 27P=6, 27P-11 and 27P-19. Florida Administrative Code 2 CFR Part 200 Federal Program: List applicable compliance requirements as follows: First applicable compliance requirement (e.g., what activities/services/purposes the federal resources must be used for): Sub -recipient is to use funding to perform eligible activities as identified FY2015 Department of Homeland Security Notice of Funding Opportunity (NOFO), 2. Second applicable compliance requirement (e.g., eligibility requirements for Sub -Recipients of the resources Sub -recipient is subject to all administrative and financial requirements as set forth in this Agreement or will not be in compliant with the terms of the Agreement. NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Sub -recipient. 20 ATTACHMENT A PROPOSED PROGRAM Below is a general budget which outlines eligible categories and their allocation under this award. The Sub -recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail. Worksheet" below. The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub -categories, - tertiary categories, and then individual equipment items. The AEL can be found at http://beta.fema.gov/authorized-equipment-list. 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. FY 2015 - State Homeland City of Miami Fire Rescue — USAR Training — Issue 15 $100,000 Security Grant Program TF2 21 BUDGET DETAIL WORKSHEET The Sub -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 rant manager listed in this agreement via email or letter. yxf`3 22 .1 M_, It .�iw" �13:`"yta, ,'y^ a.+s3 �+�_ Z '. "'• � ._. s ,,; t - . #, ��ti `f we � 4 a ecu j'i''S �. '�� .. AC(owa i t&g Cosfs` 'a t �Ir° .r� f• �_ $nY ny }.s .. ,fit a. '4 i �' n Quantity Uniq T�ofia Cds le Trait u h s cost i ` Developing, Delivering, and Evaluating Training 1 $5,000 $5,000 15 Overtime and backfill for emergency preparedness and response 1 $50,000 $50,000 15 personnel attending FEMA -sponsored and approved training classes. Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences 1 $5,000 $5,000 15 Activities to achieve training inclusive of people with disabilities Full or Part -Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel 1 $10,000 $10,000 15 Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g,, copying paper, 1 $30,000 $30,000 15 gloves, tape, non-sterile masks, and disposable protective equipment). Tuition for higher education Other items TOTAL EXPENDITURES $100,000,00 22 Sub -recipients must comply with all the requirements in C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funding is provided to perform eligible activities as identified in the Domestic Homeland Security — Federal Emergency Management, Agency National Preparedness Directorate Fiscal Year 2015 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 15 - Supports training and exercises for the specialized USAR teams. II. Categories and Eligible Activities FY2015 allowable costs are divided into the following categories: Training is an.allowable cost. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above. A. Allowable Training Related Costs Allowable training -related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI programs and/or in conjunction with emergency preparedness training by other Federal agencies (e.g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an AAR/IP or other assessments (e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training gaps, including those for children, older adults, pregnant women, and individuals with disabilities and others who also have or access and functional needs, should be identified in the AAR/IP.and addressed in the state or Urban Area training cycle. Sub -recipients are encouraged to use existing training rather than developing new courses. When developing new courses, sub -recipients are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation model of instructional design using the Course Development Tool. • Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes • Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training • Training workshops and conferences • Activities to achieve training inclusive of people with disabilities • Full or part-time staff or contractors/consultants • Travel 23 • Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduct of the exercise project(s) • Instructor certification/re-certification • Coordination with Citizen Corps Councils in conducting training exercises • Interoperable communications training Additional Training Information Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-9, 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 -DHS FEMA training as long as the training is coordinated with and approved by the state, territory, Tribal or Urban Area Training Point of 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. DHS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DHS/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, sub -recipients 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, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center (RTDC) website. DHS/FEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by DHS/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 DHS/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 DHS/FEMA. These trainings includes courses that are either state sponsored or Federal sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the DHS/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 24 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 DHS/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 required under FY 2015 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 Sub - 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 Sub -recipient must provide the Division with a certificate of course completion; additionally, the Sub -recipient must provide the Division with all receipts that document the costs incurred by the Sub -recipient in order to attend the course. • In order the receive payment for successfully conducting an authorized course, the Sub -recipient must provide the Division with the course materials and a roster sign -in sheet; additionally, the Sub -recipient must provide the Division with all receipts that document the costs incurred by the Sub -recipient in order to conduct the course." • For courses that are non -DHS approved training, sub -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, sub -recipient must provide a copy of the course materials and sign -in sheets. • The number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. Unless the sub -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. • The Sub -recipient must include with the reimbursement package a separate copy of the page(s) from the State (and County or Regional) MYTEP reflecting the training. B. Procurement All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: 25 • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • any local procurement policy. The Division shall pre -approve all scopes of work for projects funded under this agreement. Additionally, the sub -sub -recipient 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 piggy -back contract. Also, in order to receive reimbursement from the Division, the sub -sub - recipient 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 - sub -recipient 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. Unallowable Costs (SHSP, UASI and OPSG) Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP. D. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 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 Sub -recipient's reporting is current. • If a report goes two (2) consecutive quarters without Sub -recipient reflecting any activity and/or no expenditures will likely result in termination of the agreement. Programmatic Reporting Schedule Reporting Period Report due to FDEM no later than January 1 throw h March 31 Aril 30 April 1 through June 30 July 30 July 1 through September 30 October 30 October 1 through December 31 January 30 2. 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 ninety (90) calendar days of expenditure of funds, and quarterly 26 at a minimum. Failure to submit request for reimbursement within ninety (90) calendar days of expenditure shall result in denial of reimbursement. This is separate from the final claim which is due no later than forty-five (45) days after termination of the agreement or completion of project activity. The Sub -recipient should include the category's corresponding line item (or Issue) 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. For equipment items, the AEL must be listed on the "Detail of Claims" form. 3. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60) calendar days after the agreement is either completed or the agreement has expired. E. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Coleman Owen Roach FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 413-9974 (850) 410-1599 carolyn.coleman@em.myflorida.com owen.roach@em.myflorida.com F. Contractual Responsibilities • The FDEM shall determine eligibility of projects and approve changes in scope of work. • The FDEM shall administer the financial processes. 27 ATTACHMENT C DELIVERABLES AND PERFORMANCE 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. Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security (DHS) approved course catalog. For non -DHS approved courses the sub -recipient shall obtain advance FDEM approval using the Non -TED form by contacting their grant manager. The DHS course catalog is available online at: http://www.firstrespondertraining.gov. For the purposes of this. Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub - recipient can successfully complete an authorized course either by attending or conducting that course. Minimum Performance: Costs for allowable items will be reimbursed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment A of this agreement. ATTACHMENT D PROGRAM STATUTES AND REGULATIONS 1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8) Copyright notice 17 U.S.C. §§ 401 or 402 9) Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10)Debarment and Suspension Executive Orders 12549 and 12689 11)Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12)Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13)Energy Policy and Conservation Act 42 U.S.C. § 6201 14)False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C. § 3801-3812 15)Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16)Hotei and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17)Lobbying Prohibitions 31 U.S.C. § 1352 18)Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19)Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20)Terrorist Financing Executive Order 13224 21)Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22)Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794 24)USA Patriot Act of 2001 18 U.S.C. § 175-172c 25)Whistleblower Protection Act 10 U.S.C. § 2409 41 US.C. 4712, and 10 U.S.G. § 2324, 41 U.S.C. § § 4304 and 4310 26)53 Federal Register 8034 27)Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 29 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB -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 Anticipated Expenditures for First Three Months (90 (list applicable line items) days) of Funding Agreement For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTALEXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need forthe cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the Funding Agreement term.. Supporting 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 Funding Agreement 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) 30 ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 G.F.R. §§200.317 through 200.326). Codes of conduct, The Sub -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 Sub -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 Sub -recipient. Business Hours The Sub -recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: S, rm Licensinq and Permitting All subcontractors or employees hired by the Sub -recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -recipient. 31 ATTACHMENT G Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City,'State, Zip Date Sub -Recipient's Name FDEM Contract Number Project Number 32 ATTACHMENT H STATEMENT OF ASSURANCES All sub -recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub -recipient will acknowledge their use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 2. Sub -recipient mute ensure that project activities carried outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits or approvals are obtained. 3. Sub -recipient will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. Sub -recipient 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. Sub -recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy records, accounts, and books, papers, or documents related to the grant. 6. Sub -recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 7. Sub -recipient 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 andthat.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. Sub -recipient must cooperate with any compliance review or compliant investigation conducted by DHS. 9. Sub -recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support reports. Sub -recipients should also comply with all other special reporting, data collection and evaluation requirements, as prescribes by law or detailed in program guidance. 10. If, during the past three years, the sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the sub -recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to FDEM for forwarding to the DHS 'awarding office and the DHS Component. 11. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a sub -recipient of funds, the sub -recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 33 ATTACHMENT I REIMBURSEMENT CHECKLIST Use this checklist as a tool for completing reimbursement packages PLANNING ❑ 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? (Note - If a meeting was held by sub -recipient or contractor/consultant of sub -recipient, an agenda and signup sheet with meeting date must be included). ❑ 4. Has the invoice from consultant/contractor been included? (Note — grant agreement must be referenced on the invoice.) ❑ 5. Has proof of payment.been included? Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ 6. Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? ❑ 7. Has proof of purchase methodology been included (Form 5 Procurement)? Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under Organization) TRAINING ❑ 1. Is the course DHS approved? ❑ 2. Is there a course or catalog number? If not, has FDEM approved the non -DHS training? 34 ❑ 3. Have Sign -In Sheets, Rosters and Agenda been provided? 4. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation 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? 5. 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? �] 6. Has any expenditures occurred in support of the training such as 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. Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ '7. Has proof of purchase methodology been included (Form 5 Procurement)? Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) EXERCISE -1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual Exercise Plan 2. If exercise has been conducted are the following included: After -action report Sign -in sheets Agenda Rosters 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 documentation from entity's financial system been provided to prove attendees were paid? 35 - 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. Have 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 included. Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & 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 included. Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ 7. Has proof of purchase methodology been included (Form 5 Procurement)? Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) 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? Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ 5. If EHP form needed, has a copy of the approval DHS been included? ❑ 6. Has proof of purchase methodology been included (Form 5 Procurement)? Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) 36 Competitive bid results (e.g. Quotewire, bid tabulation page) TRAVELICONFERENCES 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? Airplane receipts . Proof of mileage (Google or Yahoo map printout or mileage log) Toll and/or Parking receipts Hotel receipts (is there a zero balance?) Car rental receipts . Registration fee receipts Note: Make sure that meals paid for by conference are not included in per diem amount [] 2. If travel is a conference has the conference agenda been included? [� 3. Has proof of payment to traveler been included? Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement Copy of paycheck if reimbursed through payroll MATCHING FUNDS 1 Contributions are from Non Federal funding sources identified? 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. SALARY POSITIONS 1. Has a signed timesheet by employee and supervisor included? 2. Has proof for time worked by the employee been included? Is time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register Time and Effort Log (Form 6) 37 For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? ORGANIZATION ❑ 1. 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 documentation 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? 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 -sub -recipients records/spreadsheet? [_] 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? ❑ 7. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? ❑ 8. Do all of your vendors have a current W-9 (Tax Payer Identification) on file? Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 38 ATTACHMENT J MONITORING GUIDELINES 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 sub -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 sub -recipient agencies by a Division representative who examines records, procedures and equipment. Frequency 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 three (3) year period following closure. Areas that will; be examined include: Management and administrative procedures; Grant folder maintenance; Equipment accountability and sub -hand receipt procedures; 39 Program for obsolescence; Status of equipment purchases; Status of training for purchased equipment; Status and number of response traihings 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 there of, 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. Sub -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 sub -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 sub -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: Equipment selection or available vendors Eligibility of items or services 4w -Coordination and partnership with other agencies within or outside the region or discipline Record Keeping e. Reporting Requirements 4-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 sub -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 (FFY). 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 sub -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 witha representative from that location and the address should be documented in the grantee folder before the site visit. 41 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 hasbeen 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 sub -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. I EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project: • New Construction, Installation and Renovation, Including but not limited to: o Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying communication towers) o Waterside Structures (such as dock houses, piers, etc.) • Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security • Physical Security Enhancements, including but not limited to: o Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review, EHP DETERMINATION PROCESS I. Submit the Final Screening Memo to the SAA for review prior to funds being expended. IL The SAA will review and notify the sub -recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements, APPROVAL PROCESS TO FEMA I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, page 2. II. The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPD) for an EHP regulatory compliance review. III. Complete the attached National Environmental Policy Act (NEPA) Compliance checklist IV. Prepare maps indicating the location(s) of proposed project (Guidance provided) V. Take photographs of the location(s) of proposed project (Guidance provided) VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the Centralized Scheduling and Information Desk (CSID) at askcsidna.dhs.gov. Vi 1. CSID will send an email confirming receipt of the project description. Vlll. FEMA Program Analyst sends notification to SAA when review is complete, SAA notifies sub -recipient of FEMA's final decision, IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation. 43 ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Provisions as described in Appendix 11 to Part 200: am- -� mrllbalrt rl a u l i1i ai i arm oj' Imm 11",to dooda vA W Apky m 4) take tv""tro'n ro, 'Mvlm' ttw PgAorm wwwd' Tho aunoaww- ulmPA"'d not melmu' 'I'll of VIR tomw And <Iopdl.Mlwi of 04 Moral aww"d, IAft may r0for bo 'a dwe'n'w1ut (WIth lagarmadol Abmyt 11", to obk'-wl it) or Intalmot atte wharo Ap- ownditlaws If t4m; 1paf Awards vzo RAA, Spmmm ocar, glad t"One't. 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Rmptuymaa OprAr, Vyt 12lo, JW Ib m ConA, P, "120), a ammUd by Pawma"Wo crew 31fi+a bard ate RmaRUTP Olqar IU16 R,#Iatimt to Rqual Rmploymant Oppor- tublbt " And Iniplomattlate reg-Ulation'i st 41 i. C"FIR 1;xt 0).'`emlca of 'f"adlorkl coatiici QmnIft,mro Pragnam m4mad lImplw"mant 194 OMB Guldanco tett D aitl a picot AV,t. aa ra:Xrrzrulvl t aniMac, dot°ui"k'e4,xiYCa�luirw bi'vooz"ra l.. Sm"Mul ) isi��"On.gGall gg""Mil`to �'$60 y�r E3ztlllon 1u'iFautMI M tart'rcle .r r,4 ixatiltkko n proviaao, fir uurrt ti• tae o with OwY��l��i t t l zt a? t 4' f�ta , %,d•Wl,!'Pa. i.:HkS�' e33"1M'bfA� Fad stEJJ'"t 4 i�i.•J�eh,.�€s�$�53 d3� Dapartrota ant of I. Abo' ` r�i i;al tl wu t;3fr MM Put. k5, " or ttacxadlar prvvwlawr , �apPll. 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Ltx tar a w"r rt el an- tlt' r twi t z ap.at all as ,nisi I: €open el vowAtIomf to s1i3 sear twat>ir3 a' Y1 ;$. lmo curit;u aO xait'" £ °lEiE A latwwou for. complionoo Wilt the M�pakm,,l ".AB w %,1O°z'a3 A" �t t (pa Mac. c, 1110 as aaapplo- mer,W1 by lNop.rtesaant ot'taabor rag-ulal'tllal;, (W OPR Fart a, ;"t' ,i �r ca 'awl lamb.. �' ntmWra on l�ttablicr llvri3st ng or liuNle Wort Ph-vs:rr°.sWin %'1` la or In Tlwa i by iAI= toGMAOfs ii umlirtlIA st,,uej baaA pm -A&A matt Stab t.'anmu,ss,tar st, term, 1'�`,! amy rrariN$rta, &1Y pa A'K s 4ttrpEO70, ul ?<hm a uratWii.€at; W'11 a°arraTla viona ar'" �rsslE u t'tat'k, to vtva tap mv ,part a`af ta aaratl ts,,.„ t:� n�sat�lt 1�� nr �4.r iw atit�i,;�°�ar,ssa 4trslatia�, ra'tpent, an z y iaYta i or xta)turced =rlulztt:itaart Ta l#ua Nm,la°sta) mfix'trimwttlpv , (P) Oour wt, Uwr k'tour ant, ft"'riv is no tAct ;46, 1,t sic, 2701 m 09+ �l.l+izu teaml l ail tc0vzwts a'rr,rsat?t £'"Wral a tat As, nx aaa, of $100,0W Ont t.6, volt' 4 ttr`3 aria li.�,r d38rst t 4 &71 t'hwi' »s tp hbm- awn �aau, 9'sae hiIa, a prov"100 for Aran gharwe WIC`s 49 UAD, 07r2 atria M. u ari(aaslwttl fkv Dowtruent 8efMAW mraa#"turn (20rs"Fx basis of a siatdazIl 5 ark mnl of 0 Kammer. 1rs"or it . i7�'�,Y,•,kittat Of Ma 4't,c"oul-aA %'a"r.33 k wok 15 itlrTAIU li0 PCO^rldgi $ta°4( tt T�dS ksr to m fat. �ttait at as rat. of not, to r than aatn an! a Half t<arow ttir baaalo,;'ata sea':IV to>t ou l mrt worked :In smxw of =.all hoirs .In dw; vmeY rill slic"A l,a to n awtv"'f a,laan (xez I areal pi+rr°twn haat no lat¢4srtar or rrlwl inW Mad taxa ro- quirad to worn to urzs,trlit'ittpa or un&,,, a ( 3"Wow ow VVISIt alt cs uuvaaulss lm laltrv,{vaWlan or Th"' as a 41m m;9:"auzu Ilam vot' salrl5 to txm lsum fust d ,nit: os or 45 Pts itafltala Or aertlWar, (reew"ir€lea Ivatlatsls on tbia a3*1:ul f,,.;5; Or larzt.r fa ft 0ausaar^ fl°) W10114 to tarataatiow fxttOO tira£lzer a Con aanta ear ,iamm t 11 to t W.A& aw"WrIll ter , to tlt n0hillf,1011i Ot ta=1199 "k kr#,,,'n1 ai't " uaralar (3 1"1 §,A(l 9 ki) vul UO) rlaa leant or w ".d�r`k'd'aY•t 3d -at ''•<a°F`w�fa3N, IS caw MW t 1 aatia,at wttk "a Wall taoaduaasa VIM or rtr,rtrront Irma- ultaolon roftnU � kir uu�� Mart on. o f ,ar-. t4�aaa, UOk,,, zriaa?rtt rear . r �r=a°rs3�s � of nxl*rl,. tratutal,cia apalulairt�rxutal, sear s tar It taut uttteat that, xxkGlriltC1.+N..�y1(rrYc3Smu#tit", tho Tw, Ja- witor;ata?,danan1th".baraattlalr1Vfilitag na. rirt$#a"K31E'rlia aE37 (Wrt 1ptart 40E l WIW to 'tx- r1ur,i,r.r;:a ;' ��a by Nawrrofit %tr;az1. t , 'aw"t 'knull. Ru°rt.rt m Pans lttai'rat° Om�r1 , rawet f'rkuts. contTaI.,ta and %gaxmklmta l r`rrzrrrs 31za ,sra: txr:pl3uaautif :r'tul t1ow lanai o t6 <ra ia°s G,, &genoy, (G) Clacaar old .'tt t t42 UAC . 7109.7iit %) = rl, the i tlamal Weta :37rllnit: a ftntruk Ad 4110� UAC4 t l»4,47), as zsrsr ax.; :rl,.,t zt3.R t, r a.srr3 rwbg is:ra of ,Mott€runtn t'ta ove-s, of atcrOWED rrzttals hitt tis.' fz ual,cc.0 tl1i,G r alrrtraa a`bo therm-f'ue3tilac dm3r(t to igreaa to C"`mpl %flair lti3pplittublt i rti;tit(a. oulalra ur regifla- ttsarsr tumv.11, v�iiii ix:ttti t4 a %1lsr'an Arrest P112 Ii°F ,iz, 1401,^ i`.i41) ift thea PPdaval Wit=arr lflltltrort Control ;kat t'laatlol`, . t „•tela) tutzti°»r::a nu;t`)3cr l r'ttltrrthu tt lt„ 01 thef prof o tan An r Mp ), zi6 kltrati3tti €14 Aaa tr il—s and poll€ft"S i ts,ttta°tg t,a alb€ Pfi lra which zi dart,., trtano"I va a'cEa ' ut34asi n toPpwn s.r' t lad €"tA `tiil.ie ttz�a +.a'ai#il aziaa:;si1 ',� .Ji'Lt°ai ° 11l Nttan'tuxat a'oixl twx(;vn,,dor4 Yovuntm tlrtL 12541 utfl 1 MVI—A WatlutL Award 1,p1 ak 1. 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Vboy na,a offorad 'ttrart„ 3-vxrrxf Via^ &acl rfi`<it:3 tFr tx' C23iirism or a*aai.ld a Toaltitm was an a mm. rA4kr* 01•Ll4U111 §ia Vti$aft or az extu2X4alan Glt4.ia°w£t. tL 41,:c3 cat ttlda od a" �'t rAk Utas Mq(jr ttit3t iagn at e d9PUlawnhU t%t5,�£kftmh, t€ad,. V7liir", t rril l9, mitt ;' tvavzrob, (Y} tv .axe ld al: € dig as sid ow ainq s amain" ;x$ ,#1a , lea t r ttwastt l or treatill.pq r •ttviq a, %WtlO A d by %yf'ram, dotatatract, ft 00 ge We &kronof , "fkw t>rrdpWs of lt'„ *oet ldr"U.:- a sl;xAn, thlz ut l'v,tl Intl _lea a ongt1wro3:l a. own 1'sitif Unak t7aon tl.dBagh'An ttlata rrwti$$t'at ax' 'm%tl',S;ttg $xi"£aaa'krr#at 'rnay t,Ucltx,m,<# it iii 0 bra$%wEdnd3tdva ree f,°h 8:Cx3':