HomeMy WebLinkAboutExhibit - Grant AgreementContract Number, 17 -DS -V9 -11 -23 -02 -
"Exhibit #1 of Memorandum of Agreement (MOA)"
FEDERALLY -FUNDED SUB -AWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "sub -award 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 sub -award 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 sub -award 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, "sub -award" 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:
Sub -Recipient's unique entity identifier:
Federal Award Identification Number (FAIN):
Federal Award Date:
Sub -award 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
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Sub -Recipient
by the pass-through entity:
Federal award project description (see FFATA):
Name of Federal awarding agency:
Name of pass-through entity:
Management
Contact information for the pass-through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and Name
Whether the award is R&D:
Indirect cost rate for the Federal award:
City of Miami
072220791
E MW -2016-SS-00092-S01
09/01/2016
Date of Execution — 12/31/2018
$5,158,500.00
$12,127 ,499.99
$5,158,500.00
See Article 1, Agreement Articles:
E MW -2016 -SS -00092-S01
Dept. of Homeland Security
FL. Div. of Emergency
2555 Shumard Oak Boulevard
Tallahassee, -Florida 32311
97.067 Homeland Security Program
NO (N/A)
26.21%
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Miami,
(hereinafter referred to as the "Sub -Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for Federal
award, and the Sub -Recipient serves as the recipient of a sub -award.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub -Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
_Therefore, section_ 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required by Section 215.971 (1), Florida Statutes, this Agreement includes:
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 dellverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub -
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub -Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment C.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
L Monitor and document Sub -Recipient performance; and,
H. Review and document all deliverables for which the Sub -Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Michael J. Day
2555 Shumard Oak Boulevard
Tallahassee Florida 32399-2100
Telephone (850) 488-3133
Fax: (850) 922-8689
Email: Michael.Day @,em.myflorida.com
c. The name and address of the Representative of the Sub -Recipient responsible for
the administration of this Agreement is:
Chief Pete Gomez
444 SW 2nd Avenue, 10th Fir
Miami, FL 33130
Telephone: 305-416-5402
Fax: 305-569-4070
Email pgomezd-_)miamigov,com
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
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(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties,
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(7) SCOPE OF WORK.
The Sub -Recipient shall perform the work in accordance with the Budget and Scope of
Work, Attachment A and B of this Agreement,
(8) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end on December
31, 2018, 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 2C.F.R. §200.309, the Sub -
Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the
period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient
may expend funds authorized by this Agreement "only for allowable costs resulting from obligations
incurred during" the period of agreement.
(9) FUNDING
a. This is a cost -reimbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the
Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A and B of this Agreement ("Budget and Scope of Work").
The maximum reimbursement amount for the entirety of this Agreement is $5,158,500,00.
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
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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 Attachments A
and B, that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. 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. §200.431(a) defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an
established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met;
awards; and,
I. They are provided under established written leave policies;
i. 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, As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub -
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Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide
documentation that:
The costs are reasonable and do not exceed charges normally allowed by
the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and,
Participation of the individual in the travel is necessary to the Federal award.
L The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any Funds paid in excess of the
expenditures incurred by the Sub -Recipient.
j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
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 (2) 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.
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g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub -
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to_the _public, -and the -minutes of all the meetings shall be public_ records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
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.
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(11)AUDITS
a, The Sub -Recipient shall comply with the audit requirements contained in 2 C.F,R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c, When conducting an audit of the Sub -Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non-
_ compliance,__ _
e. The Sub -Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub -Recipient's fiscal year.
f. The Sub -Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following
address:
DEMSingle Auditgem.myflorida.com
DEMSingle_Audit@em.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/ddelndex.htmI
h. The Sub -Recipient shall send any management letter issued by the auditor to the
Division at the following address:
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DEMSingle Audit(o)-em.myflorida.com
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12)REPORTS
a. Consistent with 2 C.F.R. §200,328, the Sub -Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 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.
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.
(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 B 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
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with any inspections, reviews, investigations or audits, deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
a. Unless Sub -Recipient is a State agency or subdivision, as defined in section
768,28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor,
b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
a. If any warranty or representation made by the Sub -Recipient in this Agreement or
any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub -
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
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 (30) 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.
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(16)REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days
written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30)
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
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:
i. Request additional information from the Sub -Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
___ ii, Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
ill. 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 (30) 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
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further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar days prior written
notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d, In the event that this Agreement is terminated, the Sub -Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub -Recipient has received the
notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub -Recipient is determined.
(18)PROCUREMENT
a. The Sub -Recipient shall ensure that any procurement involving funds authorized by
I the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
i
Non -Federal- Entity _Contracts _ Under_ Federal -
Awards"), -
b. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(1), the Sub -Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub -
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
standards -outlined -in 2 C.F.R. §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -
Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a
13
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications, The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains
bound by all applicable laws, regulations, and agreement terms, If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
Terminate this Agreement in accordance with the provisions outlined in
paragraph 17 above; and,
ii. Refuse to reimburse the Sub -Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro -purchases pursuant to 2 C,F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, If any, to the Sub -Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C,F.R. §200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Reciplent remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business
day window outlined above. if the Sub -Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may:
paragraph 17 above; and,
subcontract.
Terminate this Agreement in accordance with the provisions outlined in
Refuse to reimburse the Sub -Recipient for any costs associated with that
f, The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless
14
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
g. As required by 2 C,F.R, §200.318(c)(1), the Sub -Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any
procurement under this agreement "in a manner providing full and open competition." Accordingly, the
Sub -Recipient shall not:
business;
companies;
contracts;
equivalent;
L Place unreasonable requirements on firms in order for them to qualify to do
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
iv. Execute noncompetitive contracts to consultants that are on retainer
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specifyonly _a br_and_name_pr_oduct without -al lowing _vendors _to_offer _an _
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
i. "Except in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
k. The Sub -Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b),
Florida Statutes.
I. For each subcontract, the Sub -Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200,321
15
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms").
(19)ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A Budget
iii. Attachment B - Scope of Work
iv. Attachment C — Deliverables and Performance
V. Attachment D — Program Statutes and Regulations
vi. Attachment E — Justification of Advance Payment
vii. Attachment F —Warranties and Representations
viii. Attachment G Certification Regarding Debarment
___ __ __ _ __ _ �. Attachment H —Statement of Assurances
X. Attachment I — Mandatory Contract Provisions
xi. Attachment J — Reimbursement Checklist
xii. Attachment K— EHP Guidelines
xiii. Attachment L — Monitoring. Guidelines
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216,181(16), Florida Statues, All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub -
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
16
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b, of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with Section 215.34(2), 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 (30) days written notice to the Sub -Recipient, cause the termination of this
Agreement and the release of the Division from all its obligations to the Sub -Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
17
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 thirty-six (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;
Have not, within a five (5) 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- a ntitru s t-sta tutes or-commmla on 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 (5) 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
provisionsofChapter 119, Florida Statutes, which the Sub -Recipient created or received under this
Agreement.
18
j, If the Sub -Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216,347, Florida Statutes,_prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
i
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
f c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
jany state agency.
d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
H. 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
19
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 sub -awards (including subcontracts, sub -grants, and contracts under grants,
loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into, Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. - -
__ a. If the Sub -Recipient has a pre -existing -patent or copyright, the Sub -Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
•otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. if any books, manuals, films, or other copyrightable
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.
d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub -
Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is
c
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida
government purposes
(25)LEGAL AUTHORIZATION.
The Sub -Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub -Recipient also certifies that the undersigned person has the authority. to legally execute and bind
Sub -Recipient to the terms of this Agreement.
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C,F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with fund's obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, insurancei or guarantee, or -undertaken pursuant to any - - -
___ Federa_I_program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin, The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
21
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation -to -ascertain compliance -with -such -rules,- regulations,, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vil. The contractor will include the portion of thesentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
22
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub -Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub -Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub -Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI -KICKBACK ACT
The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
23
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
Iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours,
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
24
(30)SUSPENSION AND DEBARMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into,
iii. This certification is a material representation of fact relied upon
- by the Division. if it is later determined that -the contractor did not comply- - - -
with 2 C.F.R. pt. 180, .subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI -LOBBYING AMENDMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
25
obtaining any Federal contract, grant; or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient. l
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a, If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200,321, the Sub -Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
I. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
- - - -iii. -- Dividing total requirements; when economically feasible, into smaller tasks or - - -
___ quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (a) through (e) of this section.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub -Recipient to break a single project down into
26
smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting").
(33)ASSURANCES.
The Sub -Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
27
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB -RECIPIENT: CITY OF MIAMI
By:
Name and Title: Daniel J. Alfonso, City Manager
Date:
FID# 59-6000375
DUNS# 072220791
Include a copy of the designation of authority for the signatory, if applicable.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Name and Title: Jonathan Lord, Deputy Director
Date:
28
Todd B. Hannon
City Clerk
Date
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mendez
City Attorney
Wel
SPONSORING AGENCY;
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
Daniel J. Alfonso
City Manager
Ann -Marie Sharpe, Director
Department of Risk Management
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Sub -Recipient are from more than one Federal program, provide
the same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency U.S. Department of Homeland Security, Federal Emergency Management
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $5,158,500.00
-
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE -FEDERAL .RESOURCES
__
AWARDED UNDER THIS AGREEMENT:
NOTE. If the resources awarded to the Sub -Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
First applicable compliance requirement: Sub -recipient is to use funding to perform eligible
activities as identified FY2016 Department of Homeland Security Notice of Funding Opportunity.
2. Second applicable compliance requirement: 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.
3. Third applicable requirement: Sub -Recipient must comply with specific laws, rules, or regulations
that pertain to how the awarded resources must be used or how eligibility determinations are to
be made,
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.
im
.. •
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 Fist 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.aov/authorized-eauipment-list,
At the discretion of the Sub -recipient, funds allocated to Management and Administration costs
(as described in the "Proposed Program Budget") may be put towards Programmatic costs
instead. However, no more than 5% of each Sub -recipient's total award may be expended on
Management and Administration costs.
The transfer of funds between the categories listed in the "Proposed Program Budget" is
permitted.._ However-,_ the. transfer of funds_.between issues.is.strictiy prohibited.
BUDGET DETAIL WORKSHEET
31
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 grant manager listed in this agreement via email or letter,
32
Developing hazard/threat-specific annexes that incorporate the range of
prevention, protection, response, and recovery activities
Broward County Cyber Incident Response Annex, Line item
1
$65,870.84
$65,870.84
2016-01
Developing and implementing homeland security support programs and
adopting ongoing DHS national Initiatives
Miami Dade Whole Community Planning Workshop; Line
1
$74,045.45
$74,045.45
item 2016-49
Developing related terrorism and other catastrophic event prevention
activities
Developing and enhancing -plans and -protocols
Miami Dade Unmet Needs Plan Development. This is a
primarily a planning project to leverage whole community
partners to document their capabilities and capacity to
prepare for, respond to, and recover from an incident. This
1
$24,681,82
$24,681.82
plan will identify social services resource to improve the
resiliency of the county and its 34 municipalities; Line item
2016-47
Miami Dade Volunteer Reception Center Plan Development.
The plan will produce a coordinated system for matching
the skills and abilities of County employees, volunteer
1
$54,300.00
$54,300.00
organizations, and spontaneous unaffiliated volunteers to
assist the community during an emergency or disaster;
Line item 2016-48
Developing or conducting assessments
Miami Dade Conduct a geospatial hazard impact modeling
utilizing HAZUS-MH Level 3 analysis, third party proprietary
hazard modeling tools, and quantitative geospatial analysis
1
$102,239.99
$102,239.99
to estimate the losses to natural and human -induced hazard
events in Miami -Dade County; Line item 2016-45
Hiring of full or part-time staff or contractors/consultants to assist with
planning activities (not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties)
Broward County Whole Community Planning: Integration
of Volunteer & Faith Based Organizations, Line item 2016-
1
$65,870.84
$65,870.84
02
32
Broward Sheriffs Office CEMP/COOP/COG, Line item 2016-
03
1
$30,442.55
$30,442.55
Hialeah License Plate Reader Analyst, Line item 2016-19
1
$54,300.00
$54,300.00
Hialeah EOC Planner, Line item 2016-20
1
$44,427.27
$44,427.27
Miami Emergency Management Planner (12 months). This
position will assist with the development/revision of
citywide emergency management plans such as the CEMP,
1
$49,363.64
$49,363.64
COG and COOP; Line item 2016-32
Miami Emergency Management Planner (12 months). This
_
position will assist with general planning responsibilities
related to the implementation of the UASI grant program;
1
$64,172.73
$64,172.73
Line item 2016-33
Miami Equipment Inventory Planner (12 months). This
position will be responsible for resource management
tracking and planning portion of the EHP process; Line item
1
$44,427.27
$44,427.27
2016.34
Miami Regional Program Manager. This position assists
the Miami and Ft. Lauderdale with regional planning needs
(e.g. drafting of investment justifications, coordination of
1
$88,854.55
$88,854.55
UAWG meetings, development of annual budgets, etc.);
Line item 2016-62
Miami Regional Planning, Training and Exercises
Coordinator- this position includes the responsibilities of
ensuring compliance. with training courses as well as the_ _
_ 1 __ _
__.$75,032.73,
__$75,032.7-3. _
coordination of necessary regional exercises; Line item
2016-63
Palm Beach Sheriffs Office Regional Metadata Planner,
Line item 2016-65
1
$29,618.18
$29,618.18
Materials required to conduct planning activities
Travel/per diem related to planning activities
Miami Dade Planning, Training and Exercises: UASI
Homeland Security Conference; Line item 2016-44
1
$3,512.72
$3,512.72
Overtime and backfill costs (in accordance with operational Cost
Guidance)
Issuance of WHTI-compliant Tribal identification cards
Activities to achieve planning inclusive of people with disabilities and
others with access and functional needs
Coordination with Citizen Corps Councils for public
Information/education and development of volunteers
Update governance structures and process and plans for emergency
communications
Activities to achieve planning inclusive of people with limited English
proficiency
33
Overtime and backfill for emergency preparedness and response
personnel attending DHS/FEMA-sponsored and approved training
Overtime and backfill expenses for part-time and volunteer emergency
response personnel participating in DHS/FEMA training
Training Workshops and Conferences
Miami Planning, Training and Exercise. This project will
support multi -disciplinary projects for the City of Miami
under the leadership of MEM. Project scope will involve a
full scale exercise, revision of planning documents such as 1 $119,531.08 $119,531.08
the CEMP/COOP/COG and trainings that benefit terrorism -
related emergency management trainings. Trainings will
include ICS, Hazmat 160 and any other specialized courses
needed due to staff attrition; Line item 2016-29
Regional -Planning; Training -and Exercise, -Line -item 2016 - _
69 $70;880.02 _.. $70;880.02 -- -
Miami Dade Tactical Life Saver Course DHS -13=29430; Line - - -
item 2016-71 1 $17,557.66 $17,557.66
Activities to achieve training inclusive of people with disabilities and
others with access and functional needs
Full or Part -Time Staff or Contractors/Consultants
Certification/Recertification of Instructors
Travel
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,
gloves, tape, non-sterile masks, and disposable protective equipment),
Instructor certification/re-certification I I I I
34
Coordination with Citizen Corps Councils in conducting training
Interoperable communications training
to achieve training inclusive
Reimbursement for select operational expenses associated with
increased security measures at critical infrastructure sites incurred (up to
50 percent of the allocation)
Miami Operational OT for Special Events approved by 1 $28,109.63 $28,109.63
FEMA, Line item 2016-30
Overtime for information, investigative, and intelligence sharing activities
(up to 50 percent of the allocation)
Hiring of new staff positions/contractors/consultants for participation in
information/intelligence analysis and sharing groups or fusion center
activities (up to 50 percent of the allocation)
Palm Beach Sheriffs Office Regional Fusion Analysts; Line 4 $59,236,36 $236,945,45
item 2016-64
Design, Develop, Conduct and Evaluate an Exercise
Miami Dade Disaster Housing Table Top Exercise; Line 1 $34,554.55 $34,554.55
item 2016-46
Exercise Planning Workshop — Grant funds may be used to plan and
conduct an Exercise Planning Workshop to include costs related to
planning, meeting space and other meeting costs, facilitation costs,
materials and supplies, travel and exercise plan development.
35
Full or Part -Time Staff or Contractors/Consultants — Full or part-time
staff may be hired to support exercise -related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unit(s) of government and have the approval of the
state or the awarding agency, whichever is applicable. The services of
contractors/consultants may also be procured to support the design,
development, conduct and evaluation of CBRNE exercises. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) must be followed.
Overtime and backfill costs — Overtime and backfill costs, including
expenses for part-time and volunteer emergency response personnel
participating in FEMA exercises
Implementation of HSEEP
Activities to achieve exercises inclusive of people with disabilities and
others with access and functional needs
Travel — Travel costs (i.e., airfare, mileage, per diem, hotel, etc,) are
allowable as expenses by employees who are on travel status for
official business related to the planning and conduct of the exercise
project(s). These costs must be in accordance with state law as
highlighted in the OJP Financial Guide. States must also follow state .
regulations regarding travel. If a state or territory does not have a travel
policy they must follow federal guidelines and rates, as explained in the
OJP Financia/ Guide. For further information on federal law pertaining to
travel costs please refer to http://www.oip,usdoi.gov/F!nGulde.
Supplies — 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, gloves, tape, non-sterile masks, and disposable
protective equipment).
Interoperable communications exercises
TOTAL EXERCISEEXPENDITURES ' $34,554.55
W
Broward Sheriffs Office Mass Casualty Incident Protection.
for Fire Rescue — Ballistic Helmets, AEL 901 LE-01-HLMT, 44 $409.72 $18,027.60
Line item 2016-05
Broward Sheriffs Office Mass Casualty Incident Protection
for Fire Rescue — Ballistic Vests, AEL #01 LE-01-ARMR, Line 44 $715.77 $31,494.00
item 2016-06 _
Palm Beach Sheriffs Office SWAT CBRNE Gas Mask and
Amplifier; AEL #01AR-06-REUS and 030E-01-CTAC; Line 50 $605.20 $30,259.91
item 2016-57
Broward Sheriffs Office Explosive Ordinance Device Team
Portable X -Ray Unit, AEL #02EX-01-XRAP, Line item 2016- 1 $36,529.09 $36,529.09
07 _
Miami -Dade EOD 9A -Bomb -Suits -(Med Eng);—AEL--#02PE-01 - - ---
BSUT; Line item 2016-37 2 $29,618.18 $59 236:36
Coral Gables Mobile Message Boards to Relay Emergency
4
$9,502.50
$38,010.00
Messages; AEL #030E -03 -SIGN; Line item 2016-10
Coral Springs Police (211) Tactical Trauma Kits and (10)
1
18,992.17
$18,992.17
Refills; AEL #030E-03-KTFA; Line item 2016-11
Coral Springs Police Night Vision for SWAT to include:
helmet mounted binocular night vision, binocular and
helmet mounts, Integrated Mount Univ. Night Sight (IMUNS),
1
$73,799.88
$73,799.88
Clip on thermal imager w/eyepiece, batteries, case, special
lighting and aiming laser; AEL #030E-02=TILA and 04MD-01-
LAMP, Line item 2016.12
Coral Springs Police Mobile Message Boards to Relay
Emergency Messages, AEL #030E -03 -SIGN, Line item 2016-
1
$26,237.76
$26,237.76
13
_
Miami Gardens Portable Elevated Surveillance Platform;
1
$118,663.27
$118,663.27
AEL #030E-07-ROVL; Line item 2016-36
Miami Dade Tactical Interoperable Communications
Headset for SWAT; AEL #030E-01-CTAC and 06CP-03-
40
$987.27
$39,490.91
PRAC; Line item 2016-41
Miramar Thermal Imaging Camera; AEL #030E-02-TILA;
2
$9,237.91
$18,475.82
Line item 2016-50
Miramar eHydraulic Extrication Tools; AEL #03SR-02-TPHY;
2
$29,618.18
$59,236.36
Line item 2016-52
Palm Beach Sheriff's Office Bomb Squad EOD Detection
2
$2,961.82
$5,923.64
Kits/Multi-Meters; AEL #030E-04-MMTR; Line item 2016-58
Pembroke Pines Portable Elevated Surveillance Platform;
1
$70,992.81
$70,992.81
AEL #030E-07-ROVL; Line item 201660
Sunrise SWAT Robot Accessories and Upgrades to include
claw attachment kit, quick release FLIR attachment and
1
$12,713.11
$12,713.11
hardshell transit case; AEL #03OE-07-UPGD; Line item
2016-74
37
Sunrise Portable Elevated Surveillance Platform; AEL
1
$71,083.64
$71,083.64
#030E-07-ROVL; Line item 2016-76
Broward Sheriffs Office DRT Digital Camera System will
include: Digital Controller and Monitor, Mini High
Resolution Camera, Camera Cable with 1000' breaking
1
$14,809.09
$14,809.09
strength, 300' of coax cable, 48VDC LED Light and Helios
Video Enhancement Module, AEL #04MD-01-UCAM, Line
item 2016-04
Ft. Lauderdale Police SWAT Enhancement- Electronic
Equipment to include tactical communications device,
video camera and wireless transmission device; AEL
1
$32,549.39
$32,549.39
#04MD-01-UCAM, 030E-01-CTAC and 04SN-01-XMIT; Line
item 2016.16
Miramar Incident. Command System Software; AEL #04AP-
1
$15,796.36
$15,796.36
05 -CRSS, 04AP-01-CADS; Line item 2016-53
Miami Regional Incident command software system needed
for regional info sharing during emergency operations as
well as non -emergency situations to provide a platform for
1
$123,409.09
$123,409.09
day-to-day regional info sharing and updates; AEL #04AP-
05-CDSS, 04AP-03-GISS, 04SW-04-NETW; Line item 2016-67
der SecuYity Fnhane�€�t�Eg�r� -
�
��
_
Hollywood Cybersecurity system to gather, analyze, and
--present-information _fr-om-network-and_security_devices,
identify and assess management applications, manage
vulnerability and policy compliance, and centralize
1
$60,836.73
$60,836.73
database and application logs. The overall focus will be on
security and threat detection and management; AEL #05NP-
00-IDPS and 05NP-00-SEIM; Line item 2016-21
a
Hialeah P25 Radio Microwave System, AEL #06CP-03-
1
$296,181.82
$296,181.82
MWAV, Line item 2016-17
Hialeah Maintenance and Sustainment of P25 Radios and
accessories; AEL #06CP-03-PRAC, 06CP-01-MOBL and
1
$64,172.73
$64,172.73
21 GN -00 -MAIN; Line item 2016-18
Miami Satellite Phone Sustainment Citywide (12 months).
This project will sustain the satellite phones that are
installed throughout City Departments including police and
1
$24,681.82
$24,681.82
fire stations which allow all first responders to
communicate when primary communication services are
down, AEL #06CC-03-SATB, Line item 2016-28
Miramar Mobile Radio Repeaters; AEL #06CP-01-REPT;
2
$9,872.73
$19,745.45
Line item 2016-51
Monroe APX6000 7001800 Portable Radios; AEL #06CP-01-
25
$3,827.66
$95,691.41
MOBL; Line item 2016-55
Pembroke Pines Portable P25 Compliant Radios; AEL
8
$5,897.97
$47,183.74
#06CP-01-PORT; Line item 2016.61
Ft. Lauderdale Region 7 Interoperable Communications
Trailer Enhanced Capabilities to include a UHF Repeater;
1
$36,134.18
$36,134.18
AEL #06CP-05-LPBX, 04HW-04-CABL, 21 GN-00-INST and
21GN-00-MAIN; Line item 2016-72
38
Ft. Lauderdale Region 7 Interoperable Communications
Trailer Enhanced Capabilities to include a Cisco IP Phone 1 $22,460.45 $22,460.45
System; AEL. #06CP-05-LPBX, 04HW-04-CABL, 21 GN-00-
INST and 21 GN -00 -MAIN; Line item 2016-73
Coral Gables Hazardous Materials Detection Equipment, 8 $2,468.18 $19,745.45
AEL # 07CD-01-DPMG, Line item 2016-08
Palm Beach Sheriffs Office EOD Analyzer - Chemical and
Explosives Detection Instrument; AEL #07ED-01-LASR; 1 $96,020.17 $96,020,17
Line item 2016.59
Sunrise FRTK-1 First Responder Trauma Kits for Police; 100 $108.60 $10,860.00
AEL #090E-03-KTFA: Line item 2016-75
Miami Dade EOD Personnel Carrier capable of carrying four
bomb technicians and a locked storage box in the bed of 1 $30,605.45 $30,605.45
the vehicle: AEL #12VE-00-MISS; Line item 2016-38
Miramar Alert/Notification System; AEL #131T-00-ALRT; 1 $5,923.64 $5,923.64
Line item 2016-54
Miami Regional Emergency Notification System; AEL #13IT- 1 $59,236.36 $59,236.36
00-ALRT: Line item 2016-68
Miami Ethernet Secured @ Fire College for Redundant
Communications for Miami's First Responders (18 months).
This project will continue services for a Metro -Ethernet line
1
$10,860.00
$10,860.00
that provides fast network connectivity between the City's
network and the E911 backup center; AEL #14CI-01-COOP;
Line item 2016-27
Miami Law Enforcement. Surveillance (CCTV) (The Closed
Circuit TV project will allow the Miami Police Department
the opportunity to deploy CCTV equipment in the area of
1
$177,709.09
$177,709.09
soft targets and enhance our ability to deter and investigate
terrorist activity; AEL # 14SW-01-VIDA,04HW-01-INHW,
04MD-03-DISP, 21GN-00-MAIN; Line item 2016-31
Miami Dade Security Cameras and Access Controls at
Miami Dade FR HQ Complex; AEL # 14SW-01-VIDA, 14SW-
1
$286,309.09
$286,309.09
01 -PACS, 21GN-00-INET; Line item 2016-43
Sunrise Access Control at Fire Stations; AEL #14SW-01-
1
$35,541.82
$35,541.82
PACS: Line item 2016-77
We
Miami Beach CBRNE Prevention and Response Police boat
with inflatable hull and full cabin, AEL #17WC-00-BOAT, 1 $96,752.73 $96,752.73
Line item 2016-35
Miami Dade Open Center Console Vessel and Electronics; 1 $138,218.18 $138,218.18
AEL #17WC-00-BOAT; Line item 2016-42
Hollywood Fold -out temporary shelter and standard 1 $59,832.68 1 $59,832.68
mobilizer: AEL #19GN-00-HSSF; Line item 2016-22
Miami Dade Forensic Response Team Unit Enhancements
to include: 4 inflatable lighting towers, 4 portable
- - generators,-2-alternateight-source detectors, =2camera�
lenses; AEL # 20CS-02-UVLT, 20CS-02-SUPP, 030E-03-
i—-L-T-PA-and-1-0GE--00-GENR; Line -item -201-6-39
Coral Gables Maintenance/Sustainment/Repair/
Replacement for UASI Purchased Equipment; AEL #21GN-
1
$4,936.36
$4,936.36
00 -MAIN; Line item 2016-09
Ft. Lauderdale EOC Enhancements to include digital control
hardware server Enterprise Control System, tablets, LED
monitors, video conferencing and its installation or
1
$70,984.91
$70,984.91
maintenance, AEL #21 GN-00-OCEQ, 21 GN -00 -MAIN, 06CP-
05-VCON, 04MD-03-DISP, 04HW-01-HHCD and 04HW-01-
INHW, Line item 2016-14
Ft. Lauderdale CERT to include: medical bags, CERT
backpacks, radios, Awards, and Instructor OT; AEL #21 GN-
1
$24,681.82
$24,681.82
00-CCEQ, and 19GN-00-BGPK, 06CP-01-PORT, 09ME-01-
BAGM, Line item 2016-15
Key Biscayne Maintenance/Sustainment/Repair/
Replacement for UASI Purchased Equipment; AEL #21 GN-
1
$16,171.53
$16,171.53
00 -MAIN; Line item 2016-23
Miami Maintenance/Su stain ment/Repal r/Replacement for
HSGP Purchased Equipment; AEL#21 GN -00 -MAIN, Line
1
$321,221.00
$321,221.00
item 2016-25
Miami EOC EnIlan cements/Mai ntenance/Sustain ment, AEL
1
$78,981.83
$78,981.83
#21 GN-00-OCEQ, Line item 2016-26
Miami Dade Fusion Center Operations to include 24 month
license to Snaptrends Social Intelligence System; AEL
1
$24,681.82
$24,681.82
#21GN-00-OCEQ and 131T-00-DFSN; Line item 2016-40
Palm Beach County EOC Enhancements - IT Upgrades to
include laptops, pcs, and ICS Software; AEL #21GN-00-
1
$132,203.72
$132,203.72
OCEQ, 04AP-05-CDSS and 04HW-01-INHW; Line item 2016-
56
.N
Palm Beach Sheriff's Office Regional Fusion Center
Operations to include computer hardware and peripherals,
software maintenance, DHS sponsored Training, alert 1 $153,027.27 $153,027.27
system and TLO program support and office
supplies/equipment; AEL #21 GN-00-OCEQ, 04HW-01-INHW,
131T-00-INTL, 131T-00-ALRT Line item 2016-66
Regional Citizen Corps/CERT Planning, Training Exercise
and Equipment; AEL #21 GN-00-CCEQ, 19GN-00-BGPK, 1 $52,031,25 $52,031.25
21CR-00-MEDI, 06CP-01-PORT; Line item 2016.70
$3,521,836,03
Hiring of full-time or part-time staff or contractors/consultants:
to assist with the management of the respective grant program;
application requirements, and compliance with reporting and data
collection requirements
M& A Personnel, Line item 2016-24 1 1 1 $257,925.00 1 $257,925.00
Development of operating plans for information collection and
processing necessary to respond to DHS/FEMA data calls
Overtime and backfill costs - Overtime expenses are defined as the
result -of personnel -who worked -over -and -above their -normal -scheduled—
daily or weekly worked time in the performance of FEMA - approved
activities. Backfill Costs also called "Overtime as Backfill" are defined as
expenses from the result of personnel who are working overtime in order
to perform the duties of other personnel who are temporarily assigned to
FEMA approved activities outside their core responsibilities. Neither
overtime nor backfill expenses are the result of an increase of Full -
Time Equivalent (FTEs) employees. These costs are allowed only to the
extent the payment for such services is in accordance with the policies
of the state or unit(s) of local government and has the approval of the
state or the awarding agency, whichever Is applicable, In no case is dual
compensation allowable. That is, an employee of a unit of government
may not receive compensation from their unit or agency of government
AND from an award for a single period of time (e.g„ 1:00 pm to 5:00
pm), even though such work may benefit both activities. Fringe benefits
on overtime hours are limited to Federal Insurance Contributions Act
(FICA). Workers' Comoensation and Unemolovment Comoensation.
Travel expenses
Meeting -related expenses (For a complete list of allowable meeting -
related expenses, please review the OJP Financlal Guide at
http://www.ojp.u'sdoj.gov/FinGuide).
Authorized office equipment:- including personal computers, laptop
computers, printers, LCD projectors, and other equipment or software
which may be required to support the implementation of the homeland
security strategy.
The following are allowable only within the agreement period:
Recurring fees/charges associated with certain equipment, such as cell
phones, faxes.
Leasing and/or renting of space for newly. hired personnel to administer
programs within the grant program.
$257,925.00
$5,158,500.00
ATTACHMENT B
SCOPE OF WORK
Sub -recipients must comply with all the requirements in 2 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 2016 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 41 — Urban Area Security Initiative (UASI): The UASI Program assists high -threat, high-
density Urban Areas in efforts to build, sustain, and deliver the capabilities necessary to prevent,
protect against, mitigate, respond to, and recover from acts of terrorism.
II. Categories and Eligible Activities
FY2016 allowable costs are divided into the following categories: Planning, Organization,
Exercise, Training, Equipment and Management and Administration are allowable
categories in this. Agreement Each category's a..11.owable costs_ have been listed in the "Budget..
Detail Worksheet" above.
A. Allowable Planning Related Costs
• UASI funds may be used for a range of emergency preparedness and management
planning activities and such as those associated with the development of the THIRA,
SPR, continuity of operations plans and other planning activities that support the Goal
and placing an emphasis on updating and maintaining a current EOP that conforms to
the guidelines outlined in CPG 101 v 2.0.
• Developing hazard/threat-specific annexes that incorporate the range of prevention,
protection, response, and recovery activities
• Developing and implementing homeland security support programs and adopting
DHS/FEMA national initiatives
• Developing related terrorism and other catastrophic event prevention activities
• Developing and enhancing plans and protocols
• Developing or conducting assessments
• Hiring of full- or part-time staff or contract/consultants to assist with planning activities
(not for the purpose of hiring public safety personnel fulfilling traditional public safety
duties)
• Materials required to conduct planning activities
• Travel/per diem related to planning activities
• Overtime and backfill costs (in accordance with operational Cost Guidance)
• Issuance of WHTI-compliant Tribal identification card
• Activities to achieve planning inclusive of people with disabilities
• Coordination with Citizen Corps Councils for public information/education and
development of volunteer programs
Additional Planning Information
FEMA's National Preparedness Directorate (NPD) offers technical assistance (TA) that is
designed to provide sub -recipients and sub -sub -recipients with specialized expertise to improve
their emergency plans and planning. TA deliveries are designed specifically to improve and
42
enhance the continuing development of state and local emergency management across the five
mission areas of the National Preparedness Goal and across all core capabilities. TA provides
the opportunity to engage emergency managers, emergency planners, and appropriate decision -
makers in open discussion of options to improve plans and planning in light of their jurisdiction's
needs. There is no cost to approved jurisdictions for DHS/FEMA TA.
TA deliveries combine current emergency management best practices with practical
consideration of emerging trends, through discussion facilitated by DHS/FEMA contract
specialists and with the support of FEMA Region operational specialists. While the invitation of
participants is up to the requesting jurisdiction, DHS/FEMA encourages requesting jurisdictions to
include the broadest practical range of its emergency managers and planners in all TA deliveries.
TA deliveries should be made open to neighboring jurisdictions. As necessary, DHS/FEMA may
also invite other Federal experts and practitioners to participate. Additionally, peer-to-peer
representation may also be included from other jurisdictions that have recently used TA for the
same planning issue.
The TA catalog, showing the full range of TA available across all five mission areas and by all
providers, and the TA request form can be accessed at http//www,fema.gov/national-incident-
management-system/fema-technical-assistance-division.
S. Organization (SHSP and NASI Only)
Organizational activities include:
• Program management;
• Development of whole community partners ips through groups such as Citizen
Corp Councils;
• Structures and mechanisms for information sharing between the public and
private sector;
• Implementing models, programs, and workforce enhancement initiatives
to address ideologically -inspired radicalization to violence in the homeland;
• Tools, resources and activities that facilitate shared situational awareness
between the public and private sectors;
• Operational Support;
• Utilization of standardized resource management concepts such as
typing, inventorying, organizing, and tracking to facilitate the dispatch, deployment,
and recovery of resources before, during, and after an incident;
• Responding to an Increase in the threat level under the National
Terrorism Advisory System (NTAS), or needs in resulting from a National
Special Security Event; and
• Paying salaries and benefits for personnel to serve as qualified intelligence analysts,
States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to support
organization activities within their IJ submission. All SAAs are allowed to utilize up to 50 percent (50%)
of their SHSP funding and all Urban Areas are allowed up to 50 percent (50%0) of their UASI funding
for personnel costs. At the request of a sub -recipient of a grant, the FEMA Administrator may grant a
waiver of the 50 percent (50%) limitation noted above. Request for waivers to the personnel cap must
be submitted by the SAA to GPD in writing on official letterhead, with the following information:
• Documentation explaining why the cap should be waived;
• Conditions under which the request is being submitted; and
43
• A budget and method of calculation pf personnel costs both in percentages of the
grant award and in total dollar amount. To avoid supplanting issues, the request
must also include a three year staffing history for the requesting entity.
Organizational activities under SHSP and UASI include:
• Intelligence analysts. Per the Personnel Reimbursement for Intelligence
Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law
110-412), SHSP and UASI funds may be used to hire new staff and/or
contractor positions to serve as intelligence analysts to enable
information/intelligence sharing capabilities, as well as support existing
intelligence analysts previously covered by SHSP or UASI funding. In order to
be hired as an intelligence analyst, staff and/or contractor personnel must meet
at least one of the following criteria:
o Successfully complete training to ensure baseline proficiency in
intelligence analysis and production within six months of being
hired; and/or,
o Previously served, as an intelligence analyst for a minimum of two
years either in a Federal intelligence agency, the military, or State
and/or local law enforcement intelligence unit
As identified in the Maturation and Enhancement of State and Major Urban Area Fusion Centers
priority, all fusion center analytic personnel must demonstrate qualifications that meet or exceed
_ _ competencies -identified in_the Common Competencies-for_State,_Local,-and Tribal Intelligence
Analysts, which outlines the minimum categories of training needed for intelligence analysts. A
- - certificate -of -completion -of such -training -must -be -on file -with -the -SAA -and -must -be -made -available -
to the grantee's respective Headquarters Program Analyst upon request. In addition to these
training requirements, fusion centers should also continue to mature their analytic capabilities by
addressing gaps in analytic capability identified during the fusion center's annual assessment.
Overtime costs. Overtime costs are allowable for personnel to participate in
information, investigative, and intelligence sharing activities specifically related
to homeland security and specifically requested by a Federal agency. Allowable
costs are limited to overtime associated with federally requested participation in
eligible fusion activities, including anti -terrorism flask forces, Joint Terrorism
Task Forces (JTTFs), Area Maritime Security Committees (as required by the
Maritime Transportation Security Act of 2002), DHS Border Enforcement
Security Task Forces, and Integrated Border Enforcement Teams. Grant
funding can only be used in proportion to the Federal man- hour estimate, and
only after funding for these activities from other Federal sources (i.e., FBI JTTF
payments to State and local agencies) has been exhausted. Under no
circumstances should DHS grant funding be used to pay for costs already
supported by funding from another Federal source.
Operational overtime posts. In support of efforts to enhance capabilities for.
detecting, deterring, disrupting, and preventing acts of terrorism, operational
overtime costs are allowable for increased security measures at critical
infrastructure sites. SHSP or UASI funds for organizational costs may be used
to support select operational expenses associated with increased security
measures at critical infrastructure sites in the following authorized categories:
o Backfill and overtime expenses for staffing State or Major Urban
Area fusion centers;
o Hiring of contracted security for critical infrastructure sites;
o Participation in Regional Resiliency Assessment Program (RRAP)
activities;
o Public safety overtime;
44
o Title 32 or State Active Duty National Guard deployments to protect
critical infrastructure sites, including all resources that are part of the
standard National Guard deployment package (Note: Consumable
costs, such as fuel expenses, are not allowed except as part of the
standard National Guard deployment package); and
- o Increased border security activities in coordination with CBP
SHSP or UASi funds may only be spent for operational overtime costs upon prior approval
provided in writing by the FEMA Administrator per instructions in iB 379.
C. Allowable Exercise Related Costs
Exercises conducted with grant funding should be managed and conducted consistent with
HSEEP. HSEEP guidance for exercise design, development, conduct, evaluation, and
improvement planning is located at https.-11Www.fema.gov/exercise.
• Design, Develop, Conduct, and Evaluate an Exercise
• Full- or part-time staff or contractors/consultants
•Overtime and backfill costs, including expenses for part-time and volunteer
emergency response personnel participating in DHS/FEMA exercises
• Implementation of HSEEP
•Activities to achieve exercises inclusive of oeoole with disabilities
• Travel
- - •Supplies -associated -with -allowable -approved -exercises--- ---- -- -- - --
• Interoperable communications exercises
Additional Exercise Information
Sub -recipients that decide to use HSGP funds to conduct an exercises) are encouraged to complete a
progressive exercise series. Exercises conducted by states and Urban Areas may be used to fulfill similar
exercise requirements required by other grant programs. Sub -recipients are encouraged to invite
representatives/planners involved with other Federally -mandated or private exercise activities. States and
Urban Areas are encouraged to share, at a minimum, the multi-year training and exercise schedule with
those departments, agencies, and organizations included in the plan.
Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the
state/Urban Area's THIRA and SPR. The scenarios used in HSGP-funded exercises must focus
on validating capabilities, must be large enough in scope and size to exercise multiple activities
and warrant involvement from multiple jurisdictions and disciplines and non-governmental
organizations, and take into account the needs and requirements for individuals with disabilities.
Exercise scenarios should align with priorities and capabilities identified in the Multi-year TEP.
Special Event Planning. If a state or Urban Area will be hosting a special event (e.g., Super
Bowl, G-8 Summit), the special event planning should be considered as a training or exercise
activity for the purpose of the Multi-year TEP. The state or Urban Area should plan to use SHSP
or UASI funding to finance training and exercise activities in preparation for those events. States
and Urban Areas should also consider exercises at major venues (e.g., arenas, convention
centers) that focus on evacuations, communications, and command and control.
• Regional Exercises. States should also anticipate participating in at least one Regional Exercise
annually. States must include all confirmed or planned special events in the Multi-year TEP.
46
• Role of Non -Governmental Entities in Exercises. Non-governmental participation in all levels
of exercises is strongly encouraged. Leaders from non-governmental entities should be included
in the planning, design, and evaluation of an exercise. State, local, Tribal, and territorial
jurisdictions are encouraged to develop exercises that test the integration and use of non-
governmental resources provided by non-governmental entities, defined as the private sector and
private non-profit, faith -based, community, participation in exercises should be coordinated with
the local Citizen Corps Council(s) or their equivalent and other partner agencies.
FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any
exercise which is compliant with HSEEP standards and contained in the State of Florida (and County or
Regional) MYTEP qualifies as an authorized exercise. The Sub -recipient can successfully complete an
authorized exercise either by attending or conducting that exercise.
• In order to receive payment for successfully attending an authorized exercise, the Sub -recipient
must provide the Division with a certificate of completion or similar correspondence signed by the
individual in charge of the exercise; 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 exercise..
• In order the receive payment for successfully conducting an authorized exercise, the Sub
recipient must provide the Division with an ExPLAN, AAR/IP, IPC/MPC/FPC Meeting Minutes
and Sign -in Sheet for exercise attendees; 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 Sub -recipient must include with -the -reimbursement _package -a- separate _ copy -of the-page(s)
from the Exercise Plan which identifies the participant agencies and a printed page(s) from the
State (and County or Regional) MYTEP reflecting the exercise.
• If you require food/water for this event, request must come to the Division within 25 days of event
in the following format:
Exercise Title:
Location:
Exercise Date:
Exercise Schedule:
Estimated Number of Participants that will be fed:
Estimated Cost for food/water:
Description of the Exercise:
Unauthorized Exercise Costs
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles
(e.g., construction vehicles), medical supplies, and emergency response apparatus (e.g,,
fire trucks, ambulances).
• Equipment that is purchased for permanent installation and/or use, beyond the scope of
the conclusion of the exercise (e.g., electronic messaging signs).
D. 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
46
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
•- Supplies associated with allowableapprovedtraining 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 207-008-064-1, Review and Approval
Requirements for Training Courses Funded Through Preparedness Grants, issued on September
9, 2013, states, territories, Tribal entities and urban areas are no longer required to request
approval from FEMA for personnel to attend non -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
47
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 include 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, Focal,
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 DHS/FEMA and are
sponsored by the SAA or their designated TPOC.
• Joint Training and Exercises with the Public and Private Sectors. These courses
are sponsored and coordinated by private sector entities to enhance public-private
partnerships for training personnel to prevent, protect against, mitigate, respond to,
and recover from acts of terrorism or catastrophic events. Overtime pay for first
responders and emergency managers who participate in public-private training and -
exercises is allowable. In addition, States, territories, Tribes, and Urban Areas are
encouraged to incorporate the private sector in government-sponsored training and
exercises.
Additional information on both 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 2016 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."
EN
• 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, .
E. Equipment Acquisition
The 21 allowable prevention, protection, mitigation, response, and recovery equipment
categories -and .equipment -standards for.-HSGP_.are Listed-on-the-Authorized.Equipment______
List (AEL) available at http;//www,fema.gov/authorized-equipment-list. Unless otherwise
stated, equipment must meet all mandatory regulatory and/or DHS/FEMA-adopted - -
standards to be eligible for purchase using these funds. In addition, agencies will be
responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment,
Grant funds may be used for the procurement of medical countermeasures. Procurement
of medical countermeasures must be conducted in collaboration with State/city/local
health departments who administer Federal funds from HHS for this purpose.
Procurement must have a sound threat based justification with an aim to reduce the
consequences of mass casualty incidents during the first crucial hours of a response.
Prior to procuring pharmaceuticals, grantees must have in place an inventory
management plan to avoid large periodic variations in supplies due to coinciding
purchase and expiration dates. Grantees are encouraged to enter into rotational
procurement agreements with vendors and distributors. Purchases of pharmaceuticals
must include a budget for the disposal of expired drugs within each fiscal year's the
period of performance for HSGP. The cost of disposal cannot be carried over to another
DHS/FEMA grant or grant period.
The equipment, goods, and supplies ("the eligible equipment") purchased with funds
provided under this agreement are for the purposes specified in "Florida's Domestic
Security Strategy". Equipment purchased with these funds will be utilized in the
event of emergencies, including, but not limited to, terrorism -related hazards. The
sub -recipient shall place the equipment throughout the State of Florida in such a
manner that, in the event of an emergency, the equipment can be deployed on the
scene of the emergency or be available for use at a fixed location within two (2)
hours of a request for said deployment. The Florida Division of Emergency
Management (FDEM) must approve any purchases of equipment not itemized in a
project's approved budget in advance of the purchase.
The sub -recipient will, in accordance with the statewide mutual aid agreement or
other emergency response purpose as specified in the "Florida Domestic Security
49
Strategy," ensure that all equipment purchased with these funds is used to respond
to any and all incidents within its regional response area as applicable for so long as
this Agreement remains in effect. Prior to requesting a response, the FDEM will
take prudent and appropriate action to determine that the level or intensity of the
incident is such that the specialized equipment and resources are necessary to
mitigate the outcome of the incident.
The sub -recipient shall notify the FDEM Office of Domestic Preparedness at 2555
Shumard Oak Blvd., Tallahassee, Florida 32399 one year in advance of the
expiration of the equipment's posted shelf -life or normal life expectancy or when it
has been expended. The sub -recipient shall notify the FDEM immediately if the
equipment is destroyed, lost, or stolen.
The sub -recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage,
encumber or otherwise dispose of the eligible equipment without the prior written
consent of the FDEM.
F. Management and Administration - no more than 5% of each sub -recipient's total award
may be expended on Management and Administration costs.
Hiring of full-time or part-time staff or contractors/consultants:
To assist with the management of the respective grant program
• To assist with application requirements
--Tc assist with the compllancy-with reporting and -data collection requirements
Development of operating plans for information collection and processing
necessary to respond to
FEMA data calls
Overtime costs - Overtime are allowable for personnel to participate in information,
investigative, and intelligence sharing activities specifically related to homeland security
and specifically requested by a Federal agency. Allowable costs are limited to overtime
associated with federally requested participation in eligible fusion activities including anti-
terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security
Committees (as required by Maritime Transportation Security Act of 2002), DHS Border
Enforcement Security Task Forces, and Integrated Border Enforcement Teams, Grant
funding can only be used in proportion to the Federal man-hour estimate, and only after
funding for these activities from other Federal sources (i.e. FBI JTTF payments to State
and local agencies) has been exhausted. Under no circumstances should DHS grant
funding be used to pay for costs already supported by funding from another Federal
source.
Operational overtime costs. In support of efforts to enhance capabilities for detecting,
deterring, disrupting, and preventing acts of terrorism, operational overtime costs are
allowable for increased security measures at critical infrastructure sites, FY 2016 SHSP
or UASI funds for organizational costs may be used to support select operational
expenses associated with increased security measures at critical infrastructures sites in
the following authorized categories:
• Backfill and overtime expenses (as defined in FOA) for staffing State or
Major Urban Area fusion centers;
• Hiring of contracted security for critical infrastructure sites;
• Public safety overtime (as defined in FOA)
• Title 21 or State Active Duty National Guard deployments to protect
critical infrastructure sites, including all resources that are part of the
standard National Guard deployment package); and
50
• Increased border security activities in coordination with CPB, as outlined
in Information Bulletin 135.
FY 2016 UASI funds may only be spent for operational overtime costs upon prior
approval provided in writing by the FEMA Administrator.
Travel expenses
Meeting -related expenses (For a complete list of allowable meeting -related expenses,
please review the OJP Financial Guide at http://www.oip.usdoi.gov/FinGuide).
Acquisition of authorized office equipment, including:
• Personal computers
• Laptop computers
• Printers
• LCD projectors, and
• Other equipment or software which may be required to support the implementation of
the homeland security strategy
The following are allowable only within the period of performance of the contract:
• Recurring fees/charges associated with certain equipment, such as cell phones,
faxes, etc.
-• Leasing -and/or -renting -of space-for-newly-hired-personnel-during -the-period-of-- ------
performance of the grant program
G. Procurement
All procurement transactions will be conducted in a manner providing full and open
competition and shall comply with the standards articulated in:
• 2 C.F.R. Part 200;
• Chapter 287, Florida Statues; and,
• any local procurement policy.
To the extent that one standard is more stringent than another, the sub -sub -recipient must
follow the more stringent standard. For example, if a State statute imposes a stricter
requirement than a Federal regulation, then the sub -sub -recipient must adhere to the
requirements of the State statute.
The Division shall pre -approve all scopes of work for projects funded under this agreement.
Additionally, the sub -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.
H. 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
51
the new contract, including the scope of work, must be substantially the same as those of the
existing contract. The piggyback contract may not exceed the existing contract in scope or
volume of goods or services. An agency may not use the preexisting contract merely as a
"basis to begin negotiations" for a broader or materially different contract.
Section 215.971, Florida Statutes
Statutory changes enacted by the Legislature impose additional requirements on grant and
sub -sub -recipient agreements funded with Federal or State financial assistance. In pertinent
part, Section 215.97(1) states:
An agency agreement that provides state financial assistance to a sub -
recipient or sub" -sub -recipient, as those terms are defined in s. 215.97, or that
provides federal financial assistance to a sub -sub -recipient, as defined by
applicable United States Office of Management and Budget circulars, must
include all of the following:
• A provision specifying a scope of work that clearly establishes the
tasks that the sub -recipient or sub -sub -recipient is required to
perform.
• A provision dividing the agreement into quantifiable units of
deliverables that must be received and accepted in writing by the
agency before payment. Each deliverable must be directly related to
the scope of work and specify the reguired.minimum _-level of service _
to be perform -ed and the criteria for evaluating the -successful - -
completion of each deliverable.
• A provision specifying the financial consequences that apply if the
sub -recipient or sub -sub -recipient fails to perform the minimum level
of service required by the agreement, The provision can be excluded
from the agreement only if financial consequences are prohibited by
the federal agency awarding the grant. Funds refunded to a state
agency from a sub -recipient or sub -sub -recipient for failure to
perform as required under the agreement may be expended only in
direct support of the program from which the agreement originated.
• A provision specifying that a sub -recipient or sub -sub -recipient of
federal or state financial assistance may expend funds only for
allowable costs resulting from obligations incurred during the
specified agreement period.
• A provision specifying that any balance of unobligated funds which
has been advanced or paid must be refunded to the state agency.
• A provision specifying that any funds paid in excess of the amount to
which the sub -recipient or sub -sub -recipient is entitled under the
terms and conditions of the agreement must be refunded to the state
agency.
• Any additional information required pursuant to s. 215.97.
Overtime and Backfill
The entire amount of overtime costs, including payments related to backfilling personnel,
which are the direct result of time spent on the design, development, and conduct of
exercises are allowable expenses. These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the State or unit(s) of local
government and has the approval of the State or the awarding agency, whichever is
applicable. In no case is dual compensation allowable. That is, an employee of a unit of
government may not receive compensation from their unit or agency of government AND
52
from an award fora single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such
work may benefit both activities. Requests for overtime or backfill must be reduced by the
number of hours of leave taken in the pay period. For the purposes of this agreement,
leave and pay period are defined according to the Fair Labor Standards Act (FLSA).
Failure to comply
Failure to comply with any of the provisions outlined above shall result in disallowance of
reimbursement for expenditures.
Unallowable Costs (SHSP, UASI and OPSG) .
Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with
HSGP.
Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within thirty (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.
i If a report goes two (2) consecutive quarters without Sub -recipient reflecting any
activity and/or noexpenditures _will likely result... in,termination .._of the agreement
Programmatic Reporting Schedule
Reporting Period
Report due to FDEM no later than
January 1 through March 31
April 30
April 1 through June 30
July 31
July 1 through September 30
October 31
October 1 through December 31
January 31
2. Programmatic Reporting-BSIR
Biannual Strategic Implementation Report:
After the end of each reporting period, for the life of the contract unless directed
otherwise, the SAA, will complete the Biannual Strategic Implementation Report
in the Grants Reporting Tool (GRT) https://www.reporting.odp.dhs.gov. The
reporting periods are January 1 -June 30 and July 1 -December 31. Data entry is
scheduled for December 1 and June 1 respectively. Future awards and
reimbursement may be withheld if these reports are delinquent.
3. Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and
approval at any time during the contract period. Reimbursements must be
requested within ninety (90) calendar days of expenditure of funds, and quarterly
ata minimum. Failure to submit request for reimbursement within ninety (90)
calendars of expenditure shall result in denial of reimbursement. The Sub -
recipient should include the category's corresponding line item number in the
"Detail of Claims" form. This number can be found in the "Proposed Program
53
Budget". A line item number is to be included for every dollar amount listed in
the "Detail of Claims" form.
4. Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management
no later than sixty (60) calendar days after the agreement is either completed or
the agreement has expired.
K. Programmatic Point of Contact
Contractual Point of Contact
Programmatic Point of Contact
Michael J. Day
Felicia Pinnock
FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Tallahassee, FL 32399-2100
(850) 488-3133
(850) 410-3457
Michael.Day@em.myflorida.com
Felicia.Pinnock@em,myflorida.com
L. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work
• The FDEM shall administer the financial processes.
54
DELIVERABLES AND PERFORMANCE
Urban Area Security Initiative (UASI): The UASI program supports the implementation of risk
driven, capabilities -based planning, organization, equipment, training, and exercise needs of
high -threat and high-density Urban Areas based on the 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.
Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -
recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in
the Comprehensive Planning Guide CPG 101 v.2. For additional information, please see
http://www.fema.ciov/r)df/about/divisions/npd/CPG 101 V2.pdf or grant guidance (Notice of Funding Opportunity).
For the purposes of this Agreement, any planning activity such as those associated with the Threat and Hazard
identification and Risk Analysis (THIRA), State Preparedness Report (SPR), and other planning activities that support
the National Preparedness Goal (NPG) and place an emphasis on updating and maintaining a current Emergency
Operations Plan (EOP) are eligible. The Sub -recipient can successfully complete a planning activity either by creating
or updating such plan(s),
--------urganlzation-Uenverawe,'-JUDIectto thetunaing-limitations-of-tnis-Agreement, the uivision-Snail relmDurse-tne buD----- - --
recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtime,
Exercise Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -
recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland
Security Homeland Security Exercise and Evaluation Program (HSEEP) standards and is listed in A) the State of
Florida Multi -Year Training & Exercise Plan (MYTEP), and B) County or Regional TEP for the region in which the
sub -sub -recipient is geographically located. Information related to TEPs and HSEEP compliance can be found online
at: https://www.11is.dhs.gov/hseep. For the purposes of this Agreement, any exercise which is compliant with HSEEP
standards and contained in the State of Florida MYTEP qualifies as an authorized exercise. The Sub -recipient can
successfully complete an authorized exercise either by attending or conducting that exercise.
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://trainina.fema.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.
Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -
recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of
this agreement and listed on the DHS Authorized Equipment List (AEL). For the purposes of this Agreement, any
item listed on the AEL qualifies as an authorized item. The 21 allowable prevention, protection, mitigation, response,
and recovery equipment categories and equipment standards for HSGP are.listed on the web -based version of the
Authorized Equipment List (AEL) on the Lessons Learned Information System at http://beta.fema.gov/authorized-
equipment-list. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and
licenses for the requested equipment.
55
Costs for allowable items will be reimbursed if incurred and completed within the period
of performance, in accordance with the Scope of Work, Attachment B of this agreement.
56
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 Vill of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq.
8) Copyright notice 17 U.S.C. §§ 401 or 402
9) Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200
10)Debarment and Suspension Executive Orders 12549 and 12689
11)Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq.
12)Duplication of Benefits 2 C.F.R. Part 200, Subpart E
13)Energy Policy and Conservation Act 42 U.S.C. § 6201
14)False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38
U.S.C. § 3801-3812
- 15)Fly America Act of -1974-49-U S C §-41102 also 49 U.S C. § 40118- -- - -
16)Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a
17)Lobbying Prohibitions 31 U.S.C. § 1352
18)Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq.
19)Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20)Terrorist Financing Executive Order 13224
21)Title 1X 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.C. §
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
57
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE RE, QiJESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20®-20_ Anticipated Expenditures for First Three Months (90
(list applicable line items)
days) of Funding Agreement
-For exampte
-_
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the
cash advance. The justification must include supporting documentation that clearly shows the advance will
be expended within the first ninety (90) days of the 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)
58
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
C.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 edmirfrstration of a contract supported -by public -grant funds -if -a rear --
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
Licensing and Permitting
All subcontractors or employees hired by the Sub -recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Sub -recipient.
59
ATTACHMENT G
Subcontractor Covered Transactions
(1) The prospective subcontractor ofthe Sub-nsnipient 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 byany Federal department oragency.
(2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach anexplanation tothis form.
-----
SUBCONTRACTOR:
Signature Sub -recipient's Name
Name and Title FDEKXContract Number
Street Address Project Number
City, State, Zip
9#1
ATTACHMENT H
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding
Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of
your award. All sub -recipients must comply with any such requirements set forth in the program NOFO.
All sub -recipients who receive awards made under programs that prohibit supplanting by law must ensure
that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non -Federal sources.
All sub -recipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposals, bid invitations, and other documents describing projects or programs
funded in whole or in part with Federal funds.
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be
charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal
statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this
prohibition would not preclude a sub -recipient from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of
the Federal award.
- - -Sub-recipients-are-required-to comply with -t erequirements-set-forth in the government-wi e war Term
regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A, the full text of which incorporated here by reference in the terms and conditions of
your award.
All sub -recipients must acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, information, facilities, and staff.
1. Sub -recipient must cooperate with any compliance review or compliant investigation conducted by the
State Administrative Agency or DHS.
2. 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.
3. 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.
4. 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.
5. 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.
61
6. 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.
7. 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.
8. Sub -recipient who receives awards made under programs that provide emergency communications
equipment and its related activities must complywith SAFECOM Guidance for Emergency
Communications Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
9. 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 and that it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used
in the project is under consideration for listing by the EPA.
10. When original or replacement equipment acquired under this award by the sub -recipient is no longer
needed for the original project or program or for other activities currently or previously supported by
DHS/FEMA, you must request instructions from FDEM to make proper disposition of the equipment
pursuant to 2 C.F.R. Section 200.313.
62
ATTACHMENT I
INAIN = ii ►.
❑ 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 pyment-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? Please see Form 5 of
Reporting Forms or Purchasing Basics Attachment if further clarity is needed.
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
L�] 1. Is the course DHS approved?
2. Is there a course or catalog number? If not, has FDEM approved the non -DHS
training?
3. Have Sign -In Sheets, Rosters and Agenda been provided?
63
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 Car-d-Statement-&-payment-to-credit card-company.for--that------------.-.-
statement
[� 7. Has proof of purchase methodology been included? Please see Form 5 of
Reporting Forms or Purchasing Basics Attachment if further clarity is needed.
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 Flan
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?
RE
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? Please see Form 5 of
Reporting Forms or Purchasing Basics Attachment if further clarity is needed.
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? Please see Form 5 of
Reporting Forms or Purchasing Basics Attachment if further clarity is needed.
65
Sole Source (approved by F®EM for purchases exceeding $25,000)
State Contract (page showing contract #, price list)
Competitive bid results (e.g. Quotewire, bid tabulation page)
TRA VEL/CONFERENCES
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?
eler been in
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
For fusion center analysts, have the certification documents been
provided to the SAA to demonstrate compliance with training and experience
standards?
66
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?
[-1 2. Have the costs incurred been charged to the appropriate POETE category?
F7.__ 3;._ Does the total an_all Fo.r_ms 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.
67
ATTACHMENT J
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 Homeland Security Grant Program (HSGP) 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 Division representatives who examines records,
procedures and equipments
Freguency of annual monitoring activity:
Each year the FDEM will conduct monitoring based on a "Risk Assessment". The risk
assessment tool is used to help in determining the priority of sub -recipients that should be
reviewed and the level of monitoring that should be performed. It is important to note that
although a given grant may be closed, it is still subject to either desk or on-site monitoring
for a five (5) year period following closure.
Areas that will be examined include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub -hand receipt procedures;
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency NIMS/ICS compliance documentation;
Equal Employment Opportunity (EEO Status);
Procurement Policy
FDEM may request additional monitoring/information of the activity, or lack thereof,
generates questions from the region, the sponsoring agency or FDEM leadership. The
method of gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Sub -recipients will be required to participate in
desk top monitoring as determined by FDEM. This contact will provide an opportunity to
identify the need for technical assistance (TA) and/or a site visit if 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 FDEM for assistance. Examples of TA
include but are not limited to:
Equipment selection or available vendors
••
• Eligibility of items or services
• Coordination and partnership with other agencies within or outside the region or
discipline
• Record Keeping
Reporting Requirements
Documentation in support of a Request for Reimbursement
On -Site Monitoring will be conducted by FDEM or designated personnel. On-site
Monitoring visits will be scheduled in advance with the sub -recipient agency POC
designated in the grant agreement.
FDEM will also conduct coordinated financial and grant file monitoring. 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.
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/ 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
with a representative from that location and the address should be documented in the
grantee folder before the site visit.
70
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. All objectives of the site visit will be explained during this time.
FDEM personnel will review all files and supporting documentation. Once the supporting
documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted.
Each item selected for review 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
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 worksheets and backup documentation as a
team and discuss the events of the on-site monitoring.
Within thirty (30) calendar days of the site visit, a post monitoring Fetter 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 post monitoring letter to that effect will be generated and sent
to the sub -recipient. The sub -recipient will submit a Corrective Action Plan within a timeframe as
determined by FDEM. Noncompliance on behalf of sub -grantees is resolved by management
under the terms of the Sub -Grant Agreement.
The On -Site Monitoring report and all back up documentation will then be included in the sub -
recipient's file.
71
EHP GUIDELINES
.III lo 11 11� 1 11
:
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
• 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
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 askcsidCadhs.gov.
VI 1, CSID will send an email confirming receipt of the project description.
VIII. 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,
72
ATTACHIMEMT L
MANDATORY CONTRACT PROVISIONS
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. fart 200. It is the responsibility of the sub -recipient to include the require provisions,
The Division provides the following list of sample provisions that may be required:
(D) :lla'WI-_.Rea on Art;t as amended (4411 U.SX,
2141-2149), Whin required by P daral pro„rani
loggIslatirn. ;,all pri3no con3truotion contra is
in excess of MbW awarded by none-Fseciwsral
antiticr mustinclud-a a p€'ovislon for c ma pl -
anue, w,'ith the Davis -flacon Agit (40 114.0,
31414144, and 2116-ogl,i4') .as supplemented by
Department of Labor re,' ations ((LIDCPR
Fart 'ti. `"TaborStandards M;'rovisions Appll-
cable to 1Axrntraacts Covar1r,_ Federally Pl-
nanoa?d and A ninted Constriction"), Iia, ara-
oardan a with, the st tute, contraztors must
t�.R required to pay wages to laborer :and me-
chzani s at a. rats not Ieaa than tha�+s0. t In
ww'ages. specified :in a waga determination
nide by the Secretary of Labor. in addition,
ccratractarr rnaaA tev required to pay w:aggei
not less than once a weak, The nain4odora
entity must place a copy of the current pre -
tailing, vrago dabarmina tion 1=ed by the De-
partment; of Labor in etc h. solicitation, The
�e'r4iastta-tn ave'ard-a�antrarrt�,r �al�c+ntrt-
must, be conditioned upon the aaep.ptanna of
t. w waatira determination. The non -:k doral en-
tity must sport .all ,u'spiectad or reported
violbatton's to the Federal kvpm, .ling aa+ eucy.
The oontrar�l� niust akar include a provf;aton.
for mon gliancu with the Copeland "Anti-
Mokban.k" Act (4f1 U aS I-,% 314al, :as supple-
mented by Depart.mant of Labor regulations
29 CE`;l'A Fart 31 'Tontraebr rs and Sub-
contraotors on Pubho Building or Pu.bitc
Work Financed In Whole or in Dart by Loans
or Granata from the United Mates"?, 111e Act
provides that eardi contractor or aub,-
rofa-niont must be pruhlbsted fromndualu7 "'
by :any means, any person employed In i3%
camtructirn, coraplotion, ear repittr of pubite.
work, to give sips any part of the compensa-
Eton to which, he or she is othervilsa entitled,
Tho non-:Podeml comity must, report all sus-
pected or reportad violations to the Fedora;],
awardIng, agency,
(9) Contract Work Hours and. Safety
standards Act- t',40 1.].S.0. 3701-2700), Where
applicable, 9,11 contracts awarded by the non-
Porderal. eEatrCt,,y' in excoas of $1N.,M% that in-
volve the em
ple7inanb ormochaxics or i bor-
am must: include :a, proviston for cornphanre
with 40 U,5.+1, T102 Arad 6" , a: suppalernen:ted
I+5° DepaartmNant of Luber regulations (.20 CPR
Fart n), Lander Oil U S.C, 2702 of the Aft oa.ol,
contraotor must We required to oonipU6 the
wagos .of avorSr ix eebAntc and laborer on the
basis of :a standard work week of 40 holes,
Work in excess of the standard mora: streak is
paarari2si.brle provided that the worker is coin-
p�nsated at as ,rave at not; less than rine and a
half tomos the basic rate of pay for ail hours
worked: in P. -moss of 414 hours in the wraark
wreak:, The iequirem.wits of �9.d]'ii,S,Ci, VO4 are
applicable to construction work and provide
that :no laberar or mechanto must be ro-
qulred to work in surrounding or =der
working wnditious which are unwmit3arg,
hazardous err+lanTerous,'17has.€ requirements
do not &rjrjly to the purchases -of suppi2as or
WIEA�..
inatortals, or arttoles ordinarily available on
the open market, or contracts for transpor-
tation or transinisssiron of intellipmeuoo.
(P) RIThts to Invantions Made Under a
Contrazt or A;grearner#t, If the Federal award
ineeta the daiinition Gr'` "fimdftiv agraQnignt"
under i07 GFir; 1401,2 (a) and the recipisnP or
subraciptent wl,shez .to :enter into a comma,
with :ia sninll busin=ess firm or nonprafit org.-
nludAon rogardinT the substitution of Par-
ti=es, asnignment or performance of exper -.
mental, r%velopmentai, or ireserarah work
under that"funding, agmeimput," the reiaipl-
ant or submalpieut must comply with the; re-
quirernenta of &I CPR Fart'10L "Rir4ltts to in-
ventions shade by Nonprofit tir�auisa,titriLS
and Small p]unlnms Firrrua Under Gomm 33-
ment Grants, C antraots and 1looperative
Agreements," arir3 any Implementing regul€
thus issued by the awarding sgency,
(i7;) clr u Ai:r' Act (42 T:€'.S.C. 701-767,41:,:) lraal
I1,S.C, 119Z1-1 ). as anignded---Contr.�u.ts .and
sub";ratnls of &mounka 1n excess of 11,90,0W
incest eaantain a'a ,ptovi'sl.on that rar4ui�res the:
rson-ia'adarat asward to agree to comply with
all applicable standards, order-, or regula-
tions Issued pumuant to the €dean Air Act
(42 U.84, 1401: 71 f1y) and the la Ad arIIal 'Water
Poll>ation Control Aut as amended (ai U,S:0_
1251-1ua7). mriolattow, must be reported to :the:
Federal award my agon y and the Pe-gionaC
Caifice Of t-tve Lt lhronmantal Prover t..tan
ATenc,,y (ETA),,
(r$ Mandatory st'andavft-3 and pollefes re-
lating to enernrti ?ffGoiency Which are con-
tained in the state frier °y con,arvatf on plan
issued in cornpilianua with. tiie Dner,4,y pcilioy
and Conservation Act (421F,S,G. 6201).
(I:) Debarment and Suspension (EZxeuaatise
Orders 1212 and 12M)—A, coutn&ot award
(see 2 CPR 180,221 must not tae made to pear-
cies listed can the lavernniantisl:de L=Iuded
Partic_an kris t B8y;stem in the S f stem or A warrd
Ma-na;l;enuant { aAM)i 4n as cordanco with the
ON111 guldelines at 2 CYR IN that tmplemmt
Executive Ordars 2—mi 11 (,r CPR fart Ing
Cramp,, p. 13 � ;md ILAD (3 CFl1 Part 123,°1
Comp„ p,. Z382), °°Debarmant and Suspension,"'
The Excluded Parties List, Siys1rQm in 9A11,
contains the n,axnos of ,prarties deNirrod, su&
pendedt or otherwise smoluded b+y ap en Aes, a;
well parties declared ineligible under stat
u,tory or repX.ulatory authority other than Ex-
ecutivo Order .M. 9,,
(J): 'Byrd Anti -Lobbying Amendment (31
U3.0. 13x2'1 Gontraotors that apply or bid
for an award of 51W,000 or more must We the
rei.juired certification, Rach tier certifies to
the Liar abmo that it will not and hats not
used Faider',al appropriated bands to Vey ::any
person or 0 mgnization for influenoln"y or air
teripting to influence san officer or employee
of any k; onuy, a member of Congress, officer
or employee of:Cengra sa or an empfovee orf.a
member oE' Cion,rwz in connection with nh-
taini,ng any 'Federal o ntrart, grant, or Any
1951
73
MEM�
other award covered b,1 SI 'U,S-' 1352, Mach
tier must; also dmalose any lobby—ing Anth
non4ederal funds that takes p1me, In con-
neatlon with obtatning, any Redaral award.
,Such dimlosures ;ara ic'i+�iidod from tier to
tier up to the am—iFederal award,
(K) See20)11—)) Procurement of reoow�red
11Mterial&
APFF=,LK M. TO PKHT 'I'M—INDIRECT
fF&A.) COSTS 111MMIPICATION AND
ASSIGNWMNT, mm &kTH DETEAMmk-
T1L)'N Pon limi-TUTIONS OP HIGIMR
KWCAT1ON':(UM4 S)
A., GENERAL
This appendix provides criteria for Idanti-
fyin and computing indirect (or Indirect
(.P&-1 )) xa;bos' 31 IKE, (instita As). Indirect
(FA) costs ara thoWe that arc, moutTad for
counnon or joint objactivos and tharefom
cannot b -a Identified readily and 4peclhually
with a partizalwe sponsored projef.)L an In-
stractlanal activitT, or ay other Instibu-
tinnal activity, See subsection BJ, Defint-
twa of Fvmdhttes and. Ad"nAntstratton, for a
('P&A) cos"..,
1, Mqfor Functfoya qfwm hadt"U116%
Refers, to in—striaotion, organized research,
o6her sponsargd activities and other Institu-
tional aeativt ttes is deftiod Inthisaeuttan.-
a. 1nTtTuratf,%a rnezns the teaching, and
training activities of an InsitItutlon, Excopt
for research txaWng, as pmrided in sub-
&8atlau b, this term Include:, all teaching and
training actAvtties, whether they are offered
a
for credits toro7ard adegres, or cartlfloator
on a noa-crGdit, basis, a zd whether theq ara
offered through regular madomic depart-
mants or separate divUlons, such as & surn-
mer school division or an extension dlymmon.
Also considered part of this major function
are dopartmental resemx-h, and, wherzi
;a road. to:, university rosearoh,
(1) 3.wuored tristruz-Van and OW,Mnp Means,
xgpe&ri`a Instructional or tcaMing-! xatvilty ea-
tablishqd by zrant, contract, or coqperativo
igrpernsnt. For purpoms of the cost P
� rin_
ciplos, this may be considered a,
major function even though an Irrstitut-ton's
accounting tmatment may Inclucle it In the
in abruatloa function,
(2) [;partvipnaal researrh moians research,
developinent, and scholarly activities that
are not organizod research and, cota-
sequently, are not saparately budgetAd and
so P
uountod for, Dapartnitntal research, for:
purposes of this duoun-mut, ins net canwder-.5d
as a major fanation, but as a. ppaft of the In-
struttiGnfunotion of the Institution,
b, OnvatUad reigarch means all raamrch
and doielopronnt activffies of an InstAitution
that, are separately bud�getad and accounted
Dor, It Inoludesk
2 CFR Ch. 11 <1-1-14 Edlion.),
(1) S'Paie"'Narad rewareh m-aam all raseirch
and c3awelopmont activities that are sapon-
scrod by Roderal and non-Pedoral ag-enc-lest
and arganiza-tions. This berm includes acttvl-
ties Inv'olving the training of Individuals in
r.e,%aA,h techniques (commanly called re-.
search trainin( g]J whemsudh acct fvides utJ.IIZa
the same facilities as other research and de-
velopment activitlas andwhere, sn,.uh aattvi-
ties are, not indludpd in the Instrontion-fun-a-
tion,
(n) VYWtvr,dN msaamh means all rosearah
and dQvalo.paiant aottviblez that are sapa-
rately budgeted and Evicountod for by the in-
ttltutlon under an Intarnal application of in-
stitatlonal funds. Unlvoruity ressarch, for
purposes of this document, must be com-
bined with sponsored research Under the
fanctlon of organimd research,
o, father &pomorod aetl vlfla means programs
and proiedtz financed by Federal, and non-
VednTiE ageactes and opganizattons whhahin-
volve the performance of work other than In-
straction and organizzad "goaxoh, Ryamplez
of such prograrna and Projects aro health
sarviL
t projects and oommunAty cervica, pro-
grams, However, when any of those &otPdt*Ps
outaide support, that' may be clamtflsd as
Other Anst Ona I aaa<i tivities,
d. Oth,�7! butOuttan al =Uutdos means all W�,
tavittoo, of an. institution mcept for lnstru�—'
tion departmental. revearah, organized. re-
search, and oWar spon5ored antivi bies, as de,
flned In this soattnn, indirect (PA, -A) cast ae-
tIvIties identified in UM; Appo-vdLx pare -
graph A, Idantificatton and ofi.n-
direct (P8,A) oostbs,, and spQalalined sarvieve
140,11itle,S 4188oftbr--d W 19200,466 Specialized
zervica facilities tref this Part,,
) Yanapales of other Ins-bitubtonal activitiesi
include qporztlon of residence balls, dIMP9
halls, hospitals and clinics, Audent unions,
bookstoras,, faculty
hopasing, student apartments, guest housQn.,
chapels, theaters, pubilc mus-eants, and other
altntlax auxiliary enterprises, This definition
alra includes any other categolrles of activi-
ties, costs of which are "unallowahle" to:
r-oderat awards, unless otherwise indicated
tri .gin. award,
2, 0-r Lana firer Dlat�rtbudon
a, Ban perfod. A base period for distrtbla--
Uon of Indirect (F&vk) coatz is the period
during Which. the costs are Incurred., Tha
base penodnorina, 117 should coincide with
the f1sual yeavestabbabed by the tnstitation,
but in any event the base period should be,zo
selected as to avoid inequWas: In the &s-
tribution of arts stz'
b. Kwd ftw cost group.�T g& The overal I ob—
jactive of the indirect (F8kA) cost allocation
process is to ffisbribute the indirect (F&A)
ansts described in Sootion B, Identification
and assignment of Indirect (P&A) oasts, to
196
74