HomeMy WebLinkAboutExhibitContract Number: 19 -DS -_-1 1-23-02-
FEDERALLY-FUNDED
9-DS--11-23-02-
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an
agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a
Sub -Recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a
pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -
Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub -Recipient's name: City of Miami Fire Rescue
Sub -Recipient's unique entity identifier: o-1 01 a 10 y
Federal Award Identification Number (FAIN): EMW-2018-SS-00064
Federal Award Date: September 01, 2018
Subaward Period of Performance Start and End Date: Date of Execution —08/31/2020
Amount of Federal Funds Obligated by this Agreement: $45,000.00
Total Amount of Federal Funds Obligated to the Sub -Recipient
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Sub -Recipient
by the pass-through entity:
`I
Federal award project description (see FFATA):
See Article 1. Agreement Articles:
E M W -2018-S S -00064-S 01
Name of Federal awarding agency:
Dept. of Homeland Security
Name of pass-through entity:
FL Div. of Emergency Management
Contact information for the pass-through entity:
2555 Shumard Oak Boulevard
Tallahassee, Florida 32311
Catalog of Federal Domestic Assistance (CFDA) Number and Name:
97.067 Homeland Security Program
Whether the award is R&D:
NO (N/A/)
Indirect cost rate for the Federal award:
28.33%
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THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of Miami Fire Rescue,
(hereinafter referred to as the "Sub -Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and
the Sub -Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide
the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the Division has the
authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub -Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in
accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore,
section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this
Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200,
entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards."
b. As required by Section 215,971 (1), Florida Statutes, this Agreement includes:
i. A provision specifying a Scope of Work that clearly establishes the tasks that the
Sub -Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that must be
received and accepted in writing by the Division before payment. Each deliverable must be directly related to the
Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the
successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub -Recipient fails
to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub -Recipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which the Sub -
Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division.
c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all
applicable State and Federal laws, rules and regulations, including those identified in Attachment D. 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
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a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be
responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's
liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall:
i. Monitor and document Sub -Recipient performance; and,
ii. Review and document all deliverables for which the Sub -Recipient requests payment.
b. The Division's Grant Manager for this Agreement is:
Michael J. Day
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: ( 850) 815-4346
Email: Michael. Day_(a).em.myflorida.com
c. The name and address of the Representative of the Sub -Recipient responsible for the
administration of this Agreement is:
Grant Musser
444 SW 2nd Avenue, 10th Fir.
Miami, FL 33130
Telephone: 786-877-9882
Fax: 305-569-4070
Email: usarpm@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.
(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 August 31. 2020,
unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the
definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time
during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement.
In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for
"allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida
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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 gLnly 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 $45,000.00.
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must
include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as
follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and
accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the
terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements,
false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
e. The Division will review any request for reimbursement by comparing the documentation
provided by the Sub -Recipient against a performance measure, outlined in Attachment 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:
They are provided under established written leave policies;
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and,
The costs are equitably allocated to all related activities, including Federal awards;
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 -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.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall
reconcile and verify all funds received against all funds expended during the grant agreement period and produce a
final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the
Sub -Recipient.
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 Florida Department of State's record retention requirements (Chapter 119,
Florida Statutes) and 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 five (5) years from the date of submission of the final expenditure report. The
following are the only exceptions to the five (5) year requirement:
If any litigation, claim, or audit is started before the expiration of the 5 -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 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding agency or
pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient.
Records for program income transactions after the period of performance. In some
cases recipients must report program income after the period of performance. Where there is such a requirement,
the retention period for the records pertaining to the earning of the program income starts from the end of the non -
Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the
following types of documents and their supporting records: indirect cost rate computations or proposals, cost
allocation plans, and any similar accounting computations of the rate at which a particular group of costs is
chargeable (such as computer usage chargeback rates or composite fringe benefit rates).
d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of
certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess
long-term retention value.
e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper
versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then
the Division must not require more than an original and two copies. When original records are electronic and cannot
be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions
may be substituted through the use of duplication or other forms of electronic media provided that they are subject to
periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to
safeguard protected personally identifiable information and other information the Federal awarding agency or the
Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state,
local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the
citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1)
meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must
be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by
a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government
requirements. However, the Government in the Sunshine Law applies to private entities that provide services to
governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties.
If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private
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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.
I. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a
form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -
Attachment A and B - and all other applicable laws and regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156,
Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399.
(11) AUDITS
Subpart F.
a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200,
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.
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e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined
in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473."
The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit
must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year.
f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance
with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address:
DEMSingle—Audit@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/ddeindex.html
h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at
the following address:
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 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 60 days after termination of this Agreement or 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.
f. The Sub -Recipient shall provide additional reports and information identified in Attachment B.
(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
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specified time periods, and other performance goals are being achieved. A review shall be done for each function or
activity in Attachment A to this Agreement, and reported in the quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-
site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the
Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to
comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the
performance and financial management by the Sub -Recipient throughout the contract term to ensure timely
completion of all tasks.
(14) LIABILITY
a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida
Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement;
as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall 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 if:
a. 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. Material adverse changes occur in the financial condition of the Sub -Recipient at any time
during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the
date written notice is sent by the Division;
c. 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. The Sub -Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(16) REMEDIES.
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If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the
Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the
following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class mail,
postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
Request additional information from the Sub -Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
situation is not corrected,
ii. Issue a written warning to advise that more serious measures may be taken if.the
Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in
this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to
insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the
Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -
Recipient.
(17) TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Sub -Recipient with thirty calendar days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and the
procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations
for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The
Sub -Recipient will cancel as many outstanding obligations as possible. 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 -
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Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is
determined.
(18) PROCUREMENT
a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the
Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through
200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts
Under Federal Awards").
b. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records sufficient to
detail the history of procurement. These records will include, but are not necessarily limited to the following:
rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for
the contract price."
c. As required by 2 C.F.R. §200.318(i), 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
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:
(17) above; and,
Terminate this Agreement in accordance with the provisions outlined in paragraph
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
11
approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in
the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of
the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If
during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the
Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient
executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then
the Division may:
(17) above; and,
Terminate this Agreement in accordance with the provisions outlined in paragraph
Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract.
f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations,
and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by
law.
g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of
conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and
administration of contracts."
h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under
this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not:
i. Place unreasonable requirements on firms in order for them to qualify to do business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated companies;
iv. Execute noncompetitive contracts to consultants that are on retainer contracts;
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an equivalent;
vii. Specify a brand name product instead of describing the performance, specifications,
or other relevant requirements that pertain to the commodity or service solicited by the procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with developing or
drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage"
otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when
procuring commodities or services under this Agreement.
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.
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Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms").
(19)ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A — Program Budget
iii. Attachment B — Scope of Work
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
ix. Attachment H — Statement of Assurances
X. Attachment I — Mandatory Contract Provisions
xi. Attachment J — Monitoring Guidelines
xii. Attachment K — EHP Guidelines
xiii. Attachment L — Reimbursement Checklist
(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 Statutes. 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
(12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under
subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds
shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the
Division.
(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
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Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to
the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of
the returned check or draft, whichever is greater.
(22) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission
or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All
of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions
or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient,
cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement
is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the
extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of
disability in employment, public accommodations, transportation, State and local government services, and
telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
f. Any Sub -Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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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 (22) f. ii. of this certification;
and,
iv. Have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the
Sub -Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Sub -Recipient plans to fund under this
Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with
any subcontractor.
I. The Division reserves the right to unilaterally cancel this Agreement if the Sub -Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter
119, Florida Statutes, which the Sub -Recipient created or received under this Agreement.
j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation
to pay the contract amount.
k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider
the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by
the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for
unilateral cancellation of this Agreement by the Division.
I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of
or improvements to real property are contingent upon the contractor or political subdivision granting to the state a
security interest in the property at least to the amount of state funds provided for at least 5 years from the date of
purchase or the completion of the improvements or as further required by law.
activities.
(23) LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract
prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.
d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
15
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of
any Federal contract, grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL,
"Disclosure of Lobbying Activities."
The Sub -Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Sub -Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
(24) COPYRIGHT. PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE
OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE
STATE OF FLORIDA.
a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or
invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any
patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of
Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the
Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred
by the Sub -Recipient to the State of Florida.
c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should know could give
rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual
property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then,
under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the
Agreement.
d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section
1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub -Recipient shall become
the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more
employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions.
The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its
16
contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -
Recipient, under this Agreement, for Florida government purposes.
(25) LEGAL AUTHORIZATION.
The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also
certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this
Agreement.
(26) EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in
the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,
contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract,
loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will
receive considerations for employment without regard to race, color, religion, sex,
or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
V. 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
17
Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect
to any subcontract or purchase order as the administering agency may direct as
a means of enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted construction work: provided,
that if the applicant so participating is a State or local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or
under the contract.
c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has
not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the
Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may
be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with
these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further
assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27) COPELAND ANTI -KICKBACK ACT
The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or
cause to be incorporated into any contract for construction work, or modification thereof, the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by
18
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. 7401-7671q) 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).
(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.
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(31) BYRD ANTI -LOBBYING AMENDMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any
such contract must include the following clause:
Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient.
(32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or
services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to
assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever
possible:
solicitation lists;
Placing qualified small and minority businesses and women's business enterprises on
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;
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 i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a, above, sometimes referred to as "socioeconomic
contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of
firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps
identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -
Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve
small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business enterprises,
does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent
the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project
splitting").
(33) ASSURANCES.
20
ATTEST:
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mendez
City Attorney
CITY OF MIAMI FLORIDA, a
municipal corporation,
Emilio T. Gonzalez, Ph.D.
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB -RECIPIENT: CITY OF MIAMI FIRE RESCUE
By:
Name and title:
Date:
FID# "[e000'�)-1'5
Include a copy of the designation of authority for the signatory, if applicable.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Michael Kennett, Deputy Director (by authority of Division Director)
Date:
21
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: U.S. Department of Homeland Security, Federal Emergency Management
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $45,000.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER
THIS AGREEMENT:
Federal Program:
Sub -Recipient is to use funding to perform eligible activities as identified FY 2018 Department of Homeland
Security Notice of Funding Opportunity.
2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will
not be in compliance with the terms of the Agreement.
3. 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.
22
Attachment A
PROPOSED PROGRAM BUDGET
Below is a general budget which outlines eligible categories and their allocation under this award. The Sub -Recipient
is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment
List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended
audience of this tool is emergency managers, first responders, and other homeland security professionals. The list
consists of 21 equipment categories divided into sub -categories, tertiary categories, and then individual equipment
items. The AEL can be found at htto://www.fema.gov/authorized-equil)ment-list.
The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However,
the transfer of funds between Issues Is strictly prohibited.
23
BUDGET DETAIL WORKSHEEET
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.
Developing hazard/threat-specific annexes that incorporate the
range of prevention, protection, response, and recovery
7
activities
Developing and implementing homeland security support
programs and adopting ongoing DHS 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 contractors/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 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
Englishproficiency___
�`IlovirabJe.'�raining�Costs�� $� `� � 2 '' �Quantity� `Unit Gosh � ota'� Cos = � s u�'�c:
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
and others with access and functional needs
Full or Part -Time Staff or Contractors/Consultants
Certification/Recertification of Instructors
Travel
24
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
Coordination with Citizen Corps Councils in conducting training
Interoperable communications training
Activities to achieve training inclusive of people with limited
En fish proficiency
\Ilowab1 O�ganizatronal Actriirt(es (HSG LEP Y
Quantity nit Dost
of os:
)ssu
-__-
Reimbursement for select operational expenses associated with
increased security measures at critical infrastructure sites
incurred (up to 50 percent of the allocation)
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)
TOTALORGANIZATIONAL 5 EXPENDITURES
$
IMMEEM
Design, Develop, Conduct and Evaluate an Exercise
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
Ian development.
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).
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
25
Activities to achieve planning inclusive of people with limited
English proficiency
Eligible Equipment Acquisition Costs
The table below highlights the allowable equipment categories
for this award. A comprehensive listing of these allowable
equipment categories, and specific equipment eligible under Quantity Unit Cost Total Cost Issue #
each category, are listed on the web -based version of the
Authorized Equipment List (AEL) at
Inspection and Screening Systems
Animal and Plants
26
CBRNE Aviation Equipment
CBRNE Logistical` Support Equipment
.Intervention Equipment
Other authorized equipment costs (include_ any construction,or renovation costs inthis category; Written approval
_-
must be provided by FEMA prior to the use of any funds for construction or renovation)
TOTAL EQUIPMENT EXPENDITURES
$ 45,000
16
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
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' Compensation and
Unemployment Compensation.
Travel expenses
Meeting -related expenses
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.
TOTAL EXPENDITURES
$
27
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 2018 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 16 — USAR Radio Cache Replacement: This project supports the sustainment of previous
DHS purchased equipment for Urban Search & Rescue. Sustainment funding includes the replacement
where 1) the technology is outdated and no longer reliable and 2) the item has reached the end of its
useful life, requiring replacement with current technology.
Categories and Eligible Activities
FY 2018 allowable costs are divided into the following categories for this agreement: Planning,
Organizational, Exercise, Training, Equipment and Management and Administration. Each category's
allowable costs have been listed in the 'Budget Detail Worksheet" above.
A. Allowable Planning Related Costs
SHSP 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.
• Update governance structures and processes and plans for emergency communications.
• Activities to achieve planning inclusive of people with limited English proficiency
B. Allowable Organization Related Costs (SHSP and UASI Only)
Organizational activities include:
• Program management;
• Development of whole community partnerships, through groups such as Citizen Corps Councils;
• Structures and mechanisms for information sharing between the public and private sector;
28
• 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%) 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
• A budget and method of calculation of 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 activities, including anti -terrorism task 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/FEMA grant funding be used to pay for costs already supported by funding from another
federal source.
29
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. 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;
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 the instructions in IB 379.
Law Enforcement Terrorism Prevention (LETP) Activities Allowable Costs (SHSP and UASI)
LETP Activities eligible for use of LETPA focused funds include but are not limited to:
• Maturation and enhancement of designated state and major Urban Area fusion centers, including
Information sharing and analysis, threat recognition, terrorist interdiction, and training/ hiring of
intelligence analysts;
• Coordination between fusion centers and other analytical and investigative efforts including, but not
limited to Joint Terrorism Task Forces (JTTFs), Field Intelligence Groups (FIGs), High Intensity Drug
Trafficking Areas (HIDTAs), Regional Information Sharing Systems (RISS) Centers, criminal intelligence
units, and real-time crime analysis centers;
• Implementation and maintenance of the Nationwide SAR Initiative, including training for front line
personnel on identifying and reporting suspicious activities; and
• Implementation of the "If You See Something, Say Something" campaign to raise public awareness of
indicators of terrorism and terrorism -related crime and associated efforts to increase the sharing of
information with public and private sector partners, including nonprofit organizations.
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://www. fema. gov/exercise.
• Design, Develop, Conduct, and Evaluate an Exercise
• Exercise Planning Workshop
• 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 exercise
• Implementation of HSEEP
• Activities to achieve exercises inclusive of people 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 exercise(s) 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
30
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, individuals with limited English
proficiency and others with access and functional needs, and is essential to the development of an
effective and comprehensive exercise program. Exercises are designed to be progressive — increasing
in scope and complexity and drawing upon results and outcomes from prior exercises and real-world
incidents — to challenge participating communities. Consistent with Homeland Security Exercise and
Evaluation Program guidance and tools, the National Exercise Program (NEP) serves as the principal
exercise mechanism for examining national preparedness and measuring readiness. 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. States must include all confirmed or planned special events in the Multi-
year TEP. The state or Urban Area may 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.
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 exercise. 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 prior to
the 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
31
• 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 (SHSP and UASI)
Allowable training -related costs under HSGP include the establishment, support, conduct, and attendance of training
specifically identified under the SHSP and UASI programs and/or in conjunction with emergency preparedness
training by other Federal agencies (e.g., HHS and DOT). Training conducted using HSGP funds should address a
performance gap identified through an AAR/IP or other assessments (e.g., National Emergency Communications
Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal
exercise. Any training or training gaps, including those for children, older adults, pregnant women, and individuals
with disabilities and others who also have access or functional needs, should be identified in the AAR/IP and
addressed in the state or Urban Area training cycle. Sub -Recipients are encouraged to use existing training rather
than developing new courses. When developing new courses, Sub -Recipients are encouraged to apply the Analysis,
Design, Development, Implementation and Evaluation model of instructional design using the Course Development
Tool.
• Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-
sponsored and approved training classes
• Overtime and backfill expenses for part-time and volunteer emergency response personnel
participating in DHS/FEMA training
• Training workshops and conferences
• Activities to achieve training inclusive of people with disabilities
• Full- or part-time staff or contractors/consultants
• Travel
• Supplies associated with allowable approved training that are expended or consumed during the
course of the planning and conduct of the exercise project(s)
• Instructor certification/re-certification
• Coordination with Citizen Corps Councils in conducting training exercises
• Interoperable communications training
Additional Training Information
Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-1, 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 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
32
FEMA course review and approval process. An updated version of this catalog can be accessed at:
www.firstrespondertrainina. ov.
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, local, Tribal, and territorial personnel to prevent,
protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events.
State Sponsored Courses. These courses are developed for and/or delivered by institutions or
organizations other than Federal entities or FEMA and are sponsored by the SAA or their
designated TPOC.
Joint Training and Exercises with the Public and Private Sectors. These courses are
sponsored and coordinated by private sector entities to enhance public-private partnerships for
training personnel to prevent, protect against, mitigate, respond to, and recover from acts of
terrorism or catastrophic events. Overtime pay for first responders and emergency managers who
participate in public-private training and exercises is allowable. In addition, States, territories,
Tribes, and Urban Areas are encouraged to incorporate the private sector in government-
sponsored training and exercises.
Additional information on both DHS/FEMA provided training and other federal and state training can be
found at: www.firstrespondertraining.aov_.
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 2018 HSGP,
however, the system remains available and can be accessed through the FEMA Toolkit located at
http://\NwN\ .firstrespondertraininq c ov/admin in order to support grantees in their own tracking of training.
FDEM State Training Office conditions: For the purposes of this Agreement, any training course listed on
the DHS approved course catalog qualifies as an authorized course. The Sub -Recipient can successfully
complete an authorized course either by attending or conducting that course.
• In order to receive payment for successfully attending an authorized training course, the Sub -Recipient
must provide the Division with a certificate of course completion; additionally, the Sub -Recipient must
provide the Division with all receipts that document the costs incurred by the Sub -Recipient in order to
attend the course.
• In order the receive payment for successfully conducting an authorized course, the Sub -Recipient must
provide the Division with the course materials and a roster sign -in sheet; additionally, the Sub -Recipient
must provide the Division with all receipts that document the costs incurred by the Sub -Recipient in
order to conduct the course."
• For courses that are non -DHS approved training, Sub -Recipient must request approval to conduct
training through the use of the Non -TED Form and provide a copy, along with email, showing approval
granted for conduct.
• For the conduct of training workshops, Sub -Recipient must provide a copy of the course materials and
sign -in sheets.
• The number of participants must be a minimum of 15 in order to justify the cost of holding a course. For
questions regarding adequate number of participants please contact the FDEM State Training Officer
for course specific guidance. Unless the Sub -Recipient receives advance written approval from the
State Training Officer for the number of participants, then the Division will reduce the amount authorized
for reimbursement on a pro -rata basis for any training with less than 15 participants.
• The Sub -Recipient must include with the reimbursement package a separate copy of the page(s) from
the State (and County or Regional) MYTEP reflecting the training.
E. Allowable Equipment Related Costs (SHSP and UASI)
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
33
http://www.fema.aov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory
regulatory and/or DHS -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 period of performance for HSGP. The cost of disposal cannot be
carried over to another 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 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.
Controlled Equipment (SHSP, UASI, and OPSG)
Grant funds may be used for the purchase of Controlled Equipment; however, because of the nature of the
equipment the potential impact on the community, there are additional and specific requirements in order to acquire
this equipment. Refer to IB 407a: Use of Grant Funds for Controlled Equipment.
F. Management and Administration (M&A)
Management and administration (M&A) activities are those directly relating to the management and administration of
HSGP funds, such as financial management and monitoring. Sub -Recipients awarded M&A costs under this
agreement can retain a maximum of up to 5% of their total agreement award amount for M&A costs.
M&A activities includes:
• 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.
• To assist with the compliancy with reporting and data collection requirements.
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,
0 any local procurement policy.
912
To the extent that one standard is more stringent than another, the 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 -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 -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 -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 -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 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 -
Recipient agreements funded with Federal or State financial assistance. In pertinent part, Section
215.971(1) states:
• An agency agreement that provides state financial assistance to a Recipient or
Sub -Recipient, as those terms are defined in s. 215.97, or that provides federal financial
assistance to a Sub -Recipient, as defined by applicable United States Office of Management
and Budget circulars, must include all of the following:
• A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or
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 required minimum level of service to be
performed and the criteria for evaluating the successful completion of each deliverable.
• A provision specifying the financial consequences that apply if the Recipient or Sub -Recipient
fails to perform the minimum level of service required by the agreement. The provision can be
excluded from the agreement only if financial consequences are prohibited by the federal
agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub -
Recipient for failure to perform as required under the agreement may be expended only in
direct support of the program from which the agreement originated.
• A provision specifying that a Recipient or Sub -Recipient of federal or state financial assistance
may expend funds only for allowable costs resulting from obligations incurred during the
specified agreement period.
• 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 Recipient or
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.
35
I. 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 from an award for a single period of time (e.g., 1:00
p.m. to 5:00 p.m.), even though such work may benefit both activities. Requests for overtime or backfill must be
reduced by the number of hours of leave taken in the pay period. For the purposes of this agreement, leave and
pay period are defined according to the Fair Labor Standards Act (FLSA).
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.
J. Reporting Requirements
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.
• If a report goes two (2) consecutive quarters without Sub -Recipient reflecting any activity
and/or no expenditures will likely result in termination of the agreement.
Programmatic Reporting Schedule
Reporting Period
Report due to FDEM no later than
January 1 through March 31
Aril 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 Strateaic Imolementation 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.odiD.dhs.gov. The reporting periods are January Wune 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 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
Amy Garmon
FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Tallahassee, FL 32399-2100
(850) 815-4346
(850) 815-4356
Michael.day@em.myflorida.com
Amy. Garmonem.m florida.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.
37
ATTACHMENT C
DELIVERABLES AND PERFORMANCE
State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven, capabilities -based
State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and
Hazard Identification and Risk Assessments (THIRAs). The capability levels are assessed in the State Preparedness
Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against,
mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
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.gov/pdf/about/divisions/n dp /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).
Organization Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -
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 -Recipient is geographically located. Information related to TEPs and HSEEP compliance can be found online at:
https://www.ilis.dhs.00v/hse. 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://training;fema.ggv//. 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.aov/authorized-
eguipment-list. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and
licenses for the requested equipment.
Management Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -
Recipient for the actual cost for Management and Administration (M&A) activities.
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.
38
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
Attachment D
Program Statutes and Regulations
Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq.
Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213
Chapter 473, Florida Statutes
Chapter 215, Florida Statutes
Chapter 252, Florida Statutes
Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq.
Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq.
Copyright notice 17 U.S.C. §§ 401 or 402
Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200
Debarment and Suspension Executive Orders 12549 and 12689
Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq.
Duplication of Benefits 2 C.F.R. Part 200, Subpart E
Energy Policy and Conservation Act 42 U.S.C. § 6201
False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C. § 3801-3812
Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118
Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a
Lobbying Prohibitions 31 U.S.C. § 1352
Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq.
Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
Terrorist Financing Executive Order 13224
Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et
seq.
Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794
USA Patriot Act of 2001 18 U.S.C. § 175-172c
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
53 Federal Register 8034
Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
39
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These
funds are needed to pay staff, award benefits to consumers, for the purchase start-up supplies and equipment.
The sub -recipient 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 days
(list applicable line items)
of Funding Agreement
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash
advance. The justification must include supporting documentation that clearly shows the advance will be expended
within the first ninety (90) days of the 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).
.E
ATTACHMENT
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 administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family; his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Sub -Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Sub -Recipient.
Business Hours
The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from
Licensinq and Permitting
All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all
of the particular work for which they are hired by the Sub -Recipient.
41
ATTACHMENT G
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Sub -Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Sub -Recipient's Name
Name and Title FDEM Contract Number
Street Address Project Number
City, State, Zip
Date
42
ATTACHMENT H
STATEMENT OF ASSURANCES
All of the instructions, guidance, limitations, and other conditions set forth in the FY 2018 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 the requirements set forth in the government -wide Award 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.
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 comply with SAFECOM Guidance for Emergency Communications Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
43
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.
44
ATTACHMENTI
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. Part 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:
45
OMB Guidance
(D) Davis -Bacon Act, as amended (40 U.S.C.
3141-3149), When required by Federal program
legislation, all prime construction contracts
In excess of 52,000 awarded by non-Podoral
entities must include a provision for compli-
ance with the Davis -Bacon Act (40 U,S,C.
3141-3144, and 314&3148) as supplemented by
Department of Labor regulations (29 CPR
Part 5, "Labor Standards Provisions Appli-
cable to Contracts Covering Federally Pl-
nanced and Assisted Construction"), in ac-
cordance with the statute, contrantors must
be required to pay wages be laborers and me-
ohantcs at a rate not less than the prevailing
wages specifled In a wage determination
made by the Secretary of Labor. In addition.
contractors must be required to pay wages
not less than once a week. The non-Yederal
entity must place a copy of the current pro-
vallnug wage determination Issued by the De-
partment of Labor In each solicitation, The
decision to award a contract or subcontract
must be conditioned upon the acceptance of
the wage determination. The non -Federal on -
My must report all suspected or reported
violations W the Federal awarding agency_
The contracts must also Include a provision
for compliance with the Copeland "Antt-
Kickback" Act (40 US.C. 31451. as supple-
mented by Department of Labor regulations
(29 CPR Part 3. "Contractors and Sub-
contractors on Public Building or, Public
Work Financed in Whole or In Part by Loans.
or Grants from the United States"), The Act
provides that each contractor or sub-
rociplont must be prohibited from inducing,
by any means, any porson employed in the
construction, completion, or repair of public
work, to give up any part of the aompensa-
tion to which he or she is otherwise entitled.
The non-Poderal entity must report an sus-
pacted or reported violations to the Federal
awarding agrancy.
(9) Contract Work Hours and Safety
Standards Act (40 U,S.C. 3791-32'08). Where
applicable, all contracts awarded by the non -
Federal entity In excess of $100,000 that in-
volve the employment of mechanics or labor-
ers must Include a, provision for compliance
with 40 U.S,C. 3702 and SM, as supplemented
by Department of Labor regulations (29 CPR
Part 5). Under 40 UJS.C. T,02 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 com-
pensated 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 Cho work
week. The reqatroments of 40 U.S.C, 3704 are
applicable to construction work and provida,
that no laborer or mechanic must be ra-
quIred to work In surroundings or under
working conditions which are unsanitary,
hazardous or dangerous, These raqwraments
do not apply to the purchases of supplies or
Pt. 200, App. 11
materials or articles ordinarily available on
the upon market, or contracts for transpor-
tation or trananisslon of M tolllgence.
(P) Rights to Inventions Made Under a
Contract or Agreement. If the Federal award
meets- the definition of "funding agreement"
under 3T CPR §4111,2 (a) and the roOptent or
subreoftplorit wishes to enter Into a contract
with a small business firm or nonprofit orga-
nization regarding the substitution of par-
ties, assignment or performance of experi-
mental, developmental. or research work
under that "funding agreement," the recipt-
ant or sabreciplent, must, comply with the re-
quIramonts of 37 CPR Part 401, "Rights. to In-
ventlans Made by Nonprofit Organizations
and Small Business Firms Under Govern-
ment Grants, Contracts and Cooperative,
Agreements," and any implementing regular
tions Issued by tho awarding agency,
(G) Clean Air Act (42 U.S.C. 74.01-701q,) and
the Federal Water Pollution Control Act (33
U,S.C. 1251-1297), as amended—Contracts and
subgranta of amounts in excess of 5150.000
niast contain a provIstan that requires the
non-Poderal award to agree to comply with
all applicable standards, orders or rogula-
litersIssued pursuant; to the Clean Air Act
(42 U . S,C, 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C,
Violations must be reported Co the
Pederal awarding agency and the Regional
Office of the Environmental Prate-ation
Agency (EPA),
(H) Mandatory standards and podlelos re-
lating to energy efficiency which are con-
tained in the state energy conservation plan
Issued in compliance with the Energy Policy
and Conservation Act (42 U,S.C, 6201)_
(1) Debarment and Suspension (Mocutive
Orders 12549 and 12689 —A contract award
(see 2 CPR I.80..220.) must not be made to gar-
bles listed on the governmentwids Mccluded
Parties List System in the System for Award
Manazoinent (SAM). In accordance with the,
OMB guidelines at 2 CPR 180 that Implement
Executive Orders 12540 (2 CPR Part iii 6
Camp., p. IB9) and 12M (3 CPR Part 1089
Comp_ p. M), "Debarment and Suspension."
The Excluded Parties List System in SAM
contains the names of parties dob=ed, sun -
paraded, or otherwise excluded by agencies, as
well. as parties declared ineligible under stat-
utory or regulatory authority other than Ex-
ecutive Order MO,
(J) Byrd Antl-Lobbying Amendment (31
U.S.C. L952)—Contract4ws that, apply or bid
for an award of'SIOG.000 or more, must; file the
required certification, Farah tier certifies to
the tier above that It will not and has not
used Federal appropriated funds to pay any
person or organl7ation for influencing or at-
tempting to influence an officer or employee
of any agency, a member of Congress, officer
or employee of Congress, or an oniployao of a
member of Congress in connection with ob-
talnIng, any Paderal contract, grant or any
195
Mi
Pt. 200, App. III
other award covered by al U.S.C. 1202, laach
tier must also disclose any lobbying with
non -Federal funds that takes place in con-
nection with obtaming any Federal award.
Such disclosures are forwarded from tier to
tier up to the non-Pedoral award-,
(K) See §200.322 Procurement of recovered
materials,
A.PPRNDix III TO PArvr 200—IN-DIRECT
(F&A) COSTS IDENTIFICATION AAD
AssiGNmmi NT, AND RATE DxTnumiNA-
TION FOR INSTITUTIONS OF HIGHER
EDuuATioiq (IHFs)
A. GNNMMAL
This appendix provides criteria for Identi-
f-fing and. computing indirect (or indirect
(P&A)) rates at IllEs (Institutions). Indirect
(.P&A) costs are those that are incurred for
common or joint objectives and therefore
cannot be identified readily and specifically
with a particular sponsored project, in in-
structional activity, or any other institu-
tional activity. Sea subsection 13.1, Dafint-
tion of Facilities and, Administration, for a
discussion of the components of indirect
(F&A) casts.
1. Major Functions Of aa lasneaffon
Refers to instruction. organized research,
other sponsored activities and other institu-
tional activities as defined In this section:
a. Instruction means the boaching and
training activities of an Institution, Except
for research training as provided in sub-
section b,'this term Includes all teaching and
training activities, whether they are offered
for credits t43ward a dolyroo or certificate or
on a non-credit basis, and whether they are
offered through regular academic depart-
ments or separate divisions, such as a sum -
mar school division or an extension division.
Also considered part of this major funcMan
are departmental research, and, where
agreed to, university research.
(1) Sponsored Instrucilon and iralvitng means
specific Instructional, or training activity as-
tablished by grant, contract, or cooperative
agreement, For purposes of the cost prtn-
ciplasi this activity may be considered a
major function even though an Institution's
accounting treatment may Include it In the
instruction function.
(2) Ikpartmental research means research,
davelopmant and scholarly activities that
are not organlmd research and, con-
sequantly,, are not separately budgeted and
accounted for. DapartmenWr research, for
purposes of this documant. Is not considered
an a major function, but as a part of the In-
struction function of the Institution.
b. Organiped research means all research
and development activities of an institution
that are separately budgeted and accounted
for. It includes:
47
2 CFR Ch. 11 (1-1-14 Edition)
(1) 4imsored T123MYCh means all research
and development activities that are spon-
sored by Federal and non -Federal agencies
and Grganlzablons.rbls term includes activi-
ties involving the traIrkluff of Individuals In
research techniques (commonly called re-
search training) where such activities utilize
the same facilities as other research and de-
velopment activities and where such activi-
ties are not Included In the instruction func-
t4on.
(2) Universlig rosaarch means all research
and development actAvitles that are sepa-
rately budgeted and accounted for by the In-
stitution under an internal application of in-
stitutional funds. University research, for
purposes of this document, must be com-
bined with sponsored research under the
function of organized research,
(3, othersporaored activities means programs
and projects financed by Pedaral and non -
Federal agencies and organizations which In-
volve the performance of work other than. In-
struction and organized research. nxamples,
of such programs and projects are health
service projects and community service pro-
grams, However, when any of these activities
are undertaken by the Institution. without
cuts do support, they may be classified as
other Institutional activities,
d, 01hff Irstifutlanat activities means all ac.-
tivities of an Institution except for Instruc-
tion, departmental research, organized re-
search, and other sponsored activities, as de-
fined In this section, Indirect (F&A) cost ac-
tivities Identified In this Appendix para-
graph 13, Identification and assignment of In-
direct (P&A) costs,, and specialized services
facilities described In 12M.468 Specialized
service facilities of this Part.
Mxamplos of other institutional activities
Include operation of residence halls, dining
halls, hospitals and clinics, student unions,
intercollegiate athletics, bookstores, factLIV
housing, student apartments, guest houses,
chapels, theaters, public museums, and. other
similar auxiliary eatterpr1ses. This definition
also Includes, any other categories of activl-
ties, costs of which are "unallowable" to
Federal awards, unless otherwise Indicated
In an award,
2. GHWffa for Distrffiutfw?
a, Hase period. A base period for distribu-
tion of indirect (r&A) costs Is the period
during which the costs are incurred. The
base period normally should coincide with
the fiscal year established by the Instiltutton.
but in any avant the base period. should be so
saloci;od an to avoid inequities In the dts-
tribution of costs,
b. Med raT oust groupings. The overall ob-
jective of the indirect (F&A) cost allocation
process Is W distribute the indirect (F&A)
costs described In Section B, Ideatificatdou
and assignment of indirect (P&A) costs, to
196
ATTACHMENT J
MONITORING GUIDELINES
Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist
threats since 1999 through various funding sources including federal grant funds. The Florida Division of
Emergency Management (FDEM) has a responsibility to track and monitor the status of grant activity and
items purchased to ensure compliance with applicable 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 equipment.
Frequency of annual monitoring activity:
Each year, 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
48
• Recordkeeping
• Reporting Requirements
• Documentation in support of a Request for Reimbursement
On -Site Monitorina Protocol
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. 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 visits will begin with those sub -recipients that are currently spending and risks are identified
and significant for that federal fiscal year (FY 18). 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 monitoring notification 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 Sub -Recipient in writing (email is acceptable) and documented in the grant 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.
On -Site Monitoring Visit
Once FDEM personnel have arrived at the site. FDEM personnel will explain 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 must be provided to account for that particular piece of equipment.
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 letter will be generated and sent to the sub -
recipient 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. If
there are no findings, the Sub -Recipient will submit a Corrective Action Plan within a timeframe as determined
by FDEM. Noncompliance on behalf of sub -recipient is resolved by management under the terms of the Sub -
Grant Agreement.
49
ATTACHMENT K
EHP GUIDELINES
ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES
The following types of projects are to be submitted to FEMA for compliance review under Federal environmental
planning and historic preservation (EHP) laws and requirements prior to initiation of the project:
• New Construction, Installation and Renovation, including but not limited to:
o Emergency Operation Centers
o Security Guard facilities
o Equipment buildings (such as those accompanying communication towers)
o Waterside Structures (such as dock houses, piers, etc.)
• Placing a repeater and/or other equipment on an existing tower
• Renovation of and modification to buildings and structures that are 50 years old or older
• Any other construction or renovation efforts that change or expand the footprint of a facility or structure
including security enhancements to improve perimeter security
• Physical Security Enhancements, including but not limited to:
o Lighting
o Fencing
o Closed-circuit television (CCTV) systems
o Motion detection systems
o Barriers, doors, gates and related security enhancements
In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications
plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects
must be submitted to FEMA for EHP review.
EHP DETERMINATION PROCESS
Submit the Final Screening Memo to the SAA for review prior to funds being expended.
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.
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 askcsid aadhs.aov.
VII. 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.
50
ATTACHMENT L
REIMBURSEMENT CHECKLIST
PLANNING
1. Does the amount billed by consultant add up correctly?
2. Has all appropriate documentation to denote hours worked been properly signed?
3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans)
been included? (Note - If a meeting was held by Sub -Recipient or contractor/consultant of Sub -
Recipient, an agenda and signup sheets with meeting date must be included).
4. Has the invoice from consultant/contractor been included? (Note — grant agreement must be
referenced on the invoice.)
El 5. Has proof of payment been included?
Canceled check
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
6. Has Attachment G (found within Agreement with FDEM) been completed for this
contractor/consultant and included in the reimbursement package?
7. Has proof of purchase methodology been included? 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)
*Vendor//Manufacturer justification letter is required
State Contract (page showing contract #, price list)
Competitive bid results
Consultants/Contractors (Note: this applies to contractors also billed under Organization►
TRAINING
1. Is the course DHS approved?
2. Is there a course or catalog number? If not, has FDEM approved the non -DHS training?
3. Have Sign -In Sheets, Rosters and Agenda been provided?
4. If billing for overtime and/or backfill, has documentation been provided that lists attendee names,
department, # of hours spent at training, hourly rate and total amount paid to each attendee?
Have documentation from entity's financial system been provided as proof attendees were
paid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfilling who?
5. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for
whom training reimbursement costs are being sought?
6. Have 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
51
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) *Vendor
/Manufacturer justification letter is required
State Contract (page showing contract #, price list)
Competitive bid results
EXERCISE
1. Has documentation been provided on the purpose/objectives of the exercise?
Situation Manual
Exercise Plan
❑ 2. If exercise has been conducted are the following included:
After -action report
Sign -in sheets
Agenda
Rosters
3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names,
department, # of hours spent at exercise, hourly rate and total paid to each attendee?
Have documentation from entity's financial system been provided to prove attendees were
paid?
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?
r7 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. Have 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) *Vendor/Manufacturer
justification letter is required
State Contract (page showing contract #, price list)
Competitive bid results
E UIPMENT
1. Have all invoices been included?
7 2. Has an AEL # been identified for each purchase?
F7 3. If service/warranty expenses are listed, are they only for the performance period of the grant?
4. Has proof of payment been included?
52
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.
Sole Source (approved by FDEM for purchases exceeding $25,000) *Vendor
/Manufacturer justification letter is required
State Contract (page showing contract #, price list)
Competitive bid results
TRAVEUCONFERENCES
❑ 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
El 2. If travel is a conference has the conference agenda been included?
3. Has proof of payment to traveler been included?
Canceled check
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
Copy of paycheck if reimbursed through payroll
MATCHING FUNDS
1. Contributions are from Non Federal funding sources identified?
2. Contributions are from cash or in-kind contributions which may include training investments.
3. Contributions are not from salary, overtime or other operational costs unrelated to training.
SALARY POSITIONS
1. Has a signed timesheet by employee and supervisor included?
2. Has proof for time worked by the employee been included? Is time period summary included?
Statement of Earnings
Copy of Payroll Check
Payroll Register
For fusion center analysts, have the certification documents been provided to the SAA to
demonstrate compliance with training and experience standards?
ORGANIZATION
1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names,
department, # of hours spent at exercise, hourly rate and total paid to each attendee?
Have documentation from entity's financial system been provided to prove attendees were
paid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfilling who?
53
FOR ALL REIMBURSEMENTS - THE FINAL CHECK
1.
Have all relevant forms been completed and included with each request for reimbursement?
2.
Have the costs incurred been charged to the appropriate POETE category?
3.
Does the total on all Forms submitted match?
4.
Has Reimbursement Form been signed by the Grant Manager and Financial Officer?
5.
Has the reimbursement package been entered into Sub -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.
54