HomeMy WebLinkAbout2013-023 z 5 13
FVM 0 42
- X013 - 443
Contract Number : 13-CI-58-10-40-01- 111 (2
CFDA # 97.042
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division") , and Indian River County
(hereinafter referred to as the "Recipient") .
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS .
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide
the services identified herein; and
B . The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following.
( 1 ) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B .
ra(3 ) PERIOD OF AGREEMENT ,
This Agreement- shall begin upon execution by both parties or October 1 , 2012 , whichever is
later, and shall end September 30, 2013 „unless terminated earlier in accordance with the provisions of Paragraph
( 12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may requestmAgPdification of the provisions of this Agreement. Changes which are
agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this
Agreement .
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
OMB Circular No . A402 , "Common Rule : Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments” (53 Federal Register 8034) or OMB Circular No . A- 110, "Uniform
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Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations, " and either OMB Circular No . A-87, "Cost Principles for State, Local and Indian
Tribal Governments, " OMB Circular No . A-21 , "Cost Principles for Educational Institutions," or OMB Circular
No. A- 122 , " Cost Principles for Non-profit Organizations. "
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall
ensure that audit working papers are available to them upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Division. The five year period may be extended for the
following. exceptions :
1 . If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved.
2 . Records for the disposition of non-expendable personal property valued at $5 ,000 or
more at the time it is acquired shall be retained for five years after final disposition .
3 . Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title .
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program costs,
in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of
Work - Attachment A - and all other applicable laws and regulations .
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its
employees, and agents. " Reasonable " shall ordinarily mean during normal business hours of 8 : 00 am. to 5 : 00
P.M . , local time, on Monday through Friday . " Agents" shall include, but not be limited to, auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance
with generally accepted accounting principles, to account for the receipt and expenditure of funds under this
Agreement .
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Division . " Reasonable" shall ordinarily mean normal business
hours of 8 : 00 a.m . to 5 : 00 p. m . , local time, Monday through Friday .
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(c) The Recipient shall provide the Division with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A- 133 , as revised, and in the event that, the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the
provisions of OMB Circular A- 133 , as revised. EXHIBIT I .to this Agreement shows the Federal resources
awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year,
the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division.
The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A- 133 , as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular
A- 133 , as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall
fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A- 133 , as revised, is not required . In the event that the
Recipient expends less than $ 500,000 in Federal awards in its fiscal year and chooses to have an audit conducted
in accordance with the provisions of OMB Circular A- 133 , as revised, the cost of the audit must be paid from
non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-
133 , as revised, and required by subparagraph (d) above, when required by Section . 320 (d), OMB Circular A.
133 , as revised, by or on behalf of the Recipient to :
The Division at the following address :
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF- SAC to the Federal Audit Clearinghouse by submission
online at
http ://harvester. census . gov/fac/collect/ddeindex.html
and to any other Federal agencies and pass-through entities in accordance with Sections . 320 (e) and (f), OMB
Circular A- 133 , as revised.
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(f) Pursuant to Section . 320 (f), OMB Circular A433 , as revised, the Recipient shall send a copy
of the reporting package described in Section . 320 (c), OMB Circular A4 33 , as revised, and any management
letter issued by the auditor, to the Division at the following address :
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Division pursuant to this Agreement in accordance with OMB Circular A- 133 , Florida Statutes,
and Chapters 10 . 550 (local governmental entities) or 10. 650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable .
(h) Recipients should state the date that the reporting package was delivered to the Recipient
when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular
A- 133 or Chapters 10 . 550 (local governmental entities) or 10 . 650 (nonprofit and for-profit organizations), Rules
of the Auditor General,
( i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all
funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after
the Division has notified the Recipient of such non-compliance .
0 ) The Recipient shall have all audits completed by an independent certified public accountant
(IPA), either a certified public accountant or a public accountant licensed under Chapter 473 , Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above. The audit must be received by the
Division no later than nine months from the end of the Recipient' s fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly, reports and a close-out report. These
reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in
addition to any other information requested by the Division .
(b) Quarterly reports are due to the Division no later than 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.
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(d) If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may take
other action as stated in Paragraph ( 11 ) REMEDIES . " Acceptable to the Division" means that the work product
was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required
by the Division.
(f) The Recipient shall provide additional reports and information .
( 8) MONITORING .
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are
being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time
periods, and other performance goals are being achieved. A review shall be done for each function or activity in
Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures
may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures .
The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by
the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate,
the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In
addition, the Division will monitor the performance and financial management by the Recipient throughout the
contract term to ensure timely completion of all tasks .
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768 . 28, Fla. Stat. , the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold
the Division harmless against all claims of whatever nature by third parties arising from the work performance
under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768 . 28, Fla. Stat. ,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against
the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768 .28, Fla. Stat. Nothing herein is intended to serve as a .waiver of sovereign immunity by any
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Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
( 10) DEFAULT.
If any of the following events occur (" Events of Default"), all obligations on the part of the.
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option
to exercise any of its remedies set forth in Paragraph ( 11 ) . However, the Division may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment :
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division
and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time
during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the
date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information ;
(d) If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
( 11 ) REMEDIES .
If an Event of Default occurs, then the Division may, after thirty calendar days written notice to
the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the
following remedies, either concurrently or consecutively :
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class mail,
postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph ( 13 ) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to :
1 . Request additional information from the Recipient to determine the reasons for or the
extent of non-compliance or lack of performance,
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2 . Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3 . Advise the Recipient to suspend, discontinue or refrain from incurring costs for any
activities in question or
4 . Require the Recipient to reimburse the Division for the amount of costs incurred for
any items determined to be ineligible ;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity . If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other
right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any
other default by the Recipient.
( 12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice . Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to
perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat. , as amended .
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure
of funds, by providing the Recipient with thirty calendar day ' s prior written notice .
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations
for the terminated portion of the Agreement after the Recipient has received the notification of termination . The
Recipient will cancel as many outstanding obligations as possible . Costs incurred after receipt of the termination
notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach
of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is
determined .
( 13 ) NOTICE AND CONTACT .
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address
below, and this notification attached to the original of this Agreement.
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(b) The name and address of the Division contract manager for this Agreement is :
Peggy Cadeaux
2555 Shumard Oak Blvd
Tallahassee, FL 32399
Telephone : 850413 -9966
Fax* 850w9224689
Email : Peggy.Cadeaux@em. myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is :
John King, Director
4225 43 `a Ave .
Vero Beach, FL 329674671
Telephone : 772-567-2154
Fax : 772-567 -9323
Email : iking_@i, rc ov.com
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
outlined in ( 13 )(a) above .
( 14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient.
The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this
Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of
the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
Recipient shall document in the quarterly report the subcontractor' s progress in performing its work, under this
Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority business enterprise, as defined in Section 288 . 703 , Fla. Stat.
( 15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties .
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( 16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully .
(b) In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency .
(c) This Agreement has the following attachments :
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes, Regulations and Special Conditions
Attachment C — Justification of Advances
Attachment D — Warranties and Representations
Attachment E — Certification Regarding Debarment
Attachment F — Statement of Assurances
Attachment G — Reimbursement Checklist
( 17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement.. The Recipient shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed $6, 240 . 00 subject to the
availability of funds .
(b) Any advance payment under this Agreement is subject to Section 216 . 181 ( 16), Fla. Stat. , and
is contingent upon the Recipient' s acceptance of the rights of the Division under Paragraph ( 12)(b) of this
Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient
within the first three (3 ) months of the contract term . For a federally funded contract, any advance payment is
also subject to federal OMB Circulars A47 , A- 110, A422 and the Cash Management Improvement Act of 1990 .
All advances are required to be held in an interest-bearing account. If an advance payment is requested, the
budget data on which the request is based and a justification statement shall be included in this Agreement as
Attachment C . Attachment C will specify the amount of advance payment needed and provide an explanation of
the necessity for and proposed use of these funds. No advance shall be accepted for processing if a
reimbursement has been paid prior to the submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this
Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting documentation
for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an
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authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions
of the Division agreement and payment is due and has not been previously requested for these amounts . " The
supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost
Principles. . The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the
Division contract manager as part of the Recipient' s quarterly reporting as referenced in Paragraph 7 of this
Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United States
Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under
subparagraph ( 19)(h) of this Agreement, all obligations on the part of the Division to make' any further payment of
funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from
the Division.
( 18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the order
of "Division of Emergency Management" and mailed directly to the . following address :
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215 . 34(2), Fla. Stat. , if a check or other draft is returned to the Division for collection,
Recipient shall pay the Division a service fee of $ 15 . 00 or 5% of the face amount of the returned check or draft,
whichever is greater.
( 19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations; and materials submitted or provided by the Recipient in this Agreement, in any later submission
or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement.
All of said information, representations, and materials 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
Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the
Recipient.
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(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
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and void to the extent of the conflict, and shall be severable , but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -
336, 42 U . S . C . Section 12101 et seo,, which prohibits discrimination by public and private entities on the basis of
disability in employment, public accommodations, transportation, State and local government services, and
telecommunications.
(f) Those who have beenplaced 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.
(g) Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals :
1 . are not presently debarred, suspended, proposed for debarment, declared ' ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2 . have not, within a five-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state or local) transaction or contract under public . transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property ,
3 . are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal , state or local) with commission of any offenses enumerated in paragraph 19(8)2 . of this
certification ; and
4 . have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall
attach an explanation to this Agreement.
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In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the
completed " Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(Attachment E) for each intended subcontractor which Recipient plans to fund under this Agreement. The
form must be received by the Division before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216,
Fla. Stat. or the Florida Constitution .
( i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j ) Any bills for travel expenses shall be submitted in accordance with Section 112 . 061 , Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses
to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,
Fla. Stat. , which the Recipient created or received under this Agreement.
( 1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Division or be applied against the Division ' s obligation to pay
the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U . S . C . Section 1324a(e) [ Section 274A(e) of the Immigration and Nationality Act ("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 Recipient of the employment provisions contained in Section 274A(e) of the
INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida ' s Government in the Sunshine Law (Section 286. 011 , Fla.
Stat.) with respect to the meetings of the Recipient' s governing board or the meetings of any subcommittee
making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance with
Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles , materials and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U. S . C . 10a,
unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
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(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency .
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1 . No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement.
2 . If any funds other than . Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-
LLL, "Disclosure of Lobbying Activities . "
3 . The Recipient shall require that this certification be included in the award documents
for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose .
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352 , Title 31 , U . S . Code . Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $ 100, 000 for each such
failure .
(2 1 ) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise .
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
Page 13 of 56
invention to the Division for a determination whether the State of Florida will seek patent protection in its name .
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the
State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall
notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement
are transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to
a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual
property which is disclosed. Failure to disclose will indicate that no such property exists . The Division shall
then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the
Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that it' s governing body has authorized the execution and acceptance of this Agreement. The Recipient also
certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this
Agreement.
(23 ) ASSURANCES .
The Recipient shall comply with any Statement of Assurances incorporated as Attachment F .
Page 14 of 56
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT ,
Indian River County
M „ 11II II II M Myo
By ; e qaeL zme=b� .�v �SIONE sy..
NJ tle : _Joseph E. Flescher, Chairman . to I
•" ••
ot we .,
, ,
s
Date : February 5 , 2013 _ ' c=or d
FID# 59-6000674 a
ypw
C ! r
a
^ �a
to
'`y40y1�y' � Y`i • iN1iHl-V VAO _ .
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By : tjAJ
Name and Title : Bryan Koon, Director
Date : 311111
Approved : Attest: Jeffrey R. Smith, Clerk of Court
And Comp ller
B
s ph A. aird
o ty Administrator Deputy Clerk
Approved as to fo an le fficiency :
By�
�ssistant County Attorney
Page 15 of 56
EXHIBIT — 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency : Homeland Security Grant Program (Emergency Management Performance Grant)
Catalog of Federal Domestic Assistance title and number : 10. 3534
Award amount : $ 6,240.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT :
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program :
List applicable compliance requirements as follows:
1 . First applicable compliance requirement (e. g. , what activities/services/purposes the federal resources
must be used for) : _ Recipient is to use funding to perform the following eligible activities as identified in the
United States Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate Fiscal Year 2012-13 State Homeland Security Grant Program ( SHSGP), consistent with
the Department of Homeland Security State Strategy .
2 . Second applicable compliance requirement (e. g. , eligibility requirements for recipients of the resources :
_ Recipient is subject to all administrative and financial requirements as set forth . in this Agreement, or
will be in violation of the terms of the Agreement.
NOTE : Section .400(d) of OMB Circular A- 133 , as revised, 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 Recipient.
Page 16 of 56
i
• • _ • l • _ 1 mp amp, _ • _ • 1 1 1 1 t - /
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rIF x IF; t II yx r n. F
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1. 1
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the
total award amount 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 activities
Developing and implementing homeland security
support programs and adopting ongoing DHS
national initiatives
Developing related terrorism 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)
Conferences to facilitate planning activities
Materials required to conduct planning activities
1 500.00 500.00
1 19922.00 1 ,922.00
Travel/per diem related to planning activities
Overtime and backfill costs — Payment of
overtime expenses will be for work performed by
award ( SAA) or sub-award employees in excess
of the established work week (usually 40 hours)
related to the planning activities for the
development and implementation of the programs
under EMPG.
Other projects areas with prior approval from
FEMA
Activities to achieve planning inclusive of people
with disabilities
SUBTOTAL $2,422.00
Allowable Training Costs Quantity Unit Cost Total Cost
Overtime and backfill for emergency
preparedness and response personnel attending
FEMA-sponsored and approved training classes .
Page 18 of 56
Overtime and backfill expenses for part-time and
volunteer emergency response personnel
icipating in FEMA training
Training Workshops and Conferences
Activities to achieve training inclusive of people
with disabilities
Full or Part-Time Staff or Contractors/Consultants 1 19350.00 19350.00
Travel
Supplies
Tuition for higher education
Certification/Recertification of Instructors
Other items
SUBTOTAL $1 ,350
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
plan 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
Page 19 of 56
costsTravel Travel per
hotel, allowable
• are on travel status for
relatedbusiness to the planning • conduct of
exercise . •ject(s) . These costs must be in
• . . highlighted
' iGuide. als • follow
regulationsstate . or
territorydoes notpolicy
follow federal . . rates, as explained
in the ' Financial Guide. For
information on • pertaining to travel
costs
hW2 ://www.oii2.usdoi . gov/FinGuide .
• . pplies are items that are expended or
consumed • • of planning and
conductof . • copying
paper, gloves, tape, nonmstenle masks, and
disposable protective equipment) .
Other Items These costs • of
space/locations for exercise planning and conduct,
exercise signs, badges,
MM
arE .+ ,�, . � J a � `' ' 7 � x� a ' ri :end • 1 � A�
4Idj714R
p } dd
7wk-
PlAgr5' .f
Al
Personal Protective Equipment
e .g. , 1 . 12 .2 . 1 , Covers, Outer Footwear
S �«t
11 • Equipment, • �• 1 1 1 11 —
21GM1 . Vest, VERT S rts • 11 • 11
CBRNE Operational Search and Rescue
Equipment
Information Technology
Interoperable Communications Equipment
06CR-OI -PORT Radios 6 60. 00 360. 00
Medical
Power
CBRNE Logistical Support Equipment
Disability Access and Functional Needs
Other authorized equipment costs (include any
construction or renovation costs in this category;
Written approval must be provided by FEMA
prior to the use of any funds for construction or
renovation
SUBTOTAL $2,468.00
Allowable Management and Administration Quantity Unit Cost Total Cost
Costs
Hiring of full-time or part-time staff or .
contractors/consultants :
• To assist with the management of the
respective grant program
• To assist with application requirements
• To assist with compliance with reporting/data
collection requirements
Development of operating plans for
information collection and processing
necessary to respond to FEMA data calls.
Costs associated with achieving emergency
management that is inclusive of the access and
functional needs of workers and citizens with
disabilities
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
Page 21 of 56
A TRUE COPY
CERTIFICATION ON LAST PAGE
J , R . SMITH , CLERK
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 (For a complete list of
allowable meeting-related expenses, please review
the OJP Financial Guide at
h ://www.o ' .usdo . ov/FinGuide).
Acquisition of authorized office equipment,
including personal computers, laptop computers,
printers, LCD projectors, and other equipment or
software which may be required to support the
implementation of the homeland security strategy.
The follgwing are allowable only within the
period of performance.
• Recurring fees/charges associated with certain
equipment, such as cell phones, faxes, etc .
• Leasing and/or renting of space for newly
hired personnel
-
1
Iwr
"r;' ?' '"'"w7,.emrs"r 4#!a'�. "vr . 'ff1Vis. z F3, � 1 c «, ,e.v x.rr. •, ,rPt x7L i r' u)+a
w. +e c
�,a 5�""' ..+q ; s u s �"ifk sIG
,a .
z' �' to
� '
kIL� IN.
TOTAL
B . Scope of Work
Funding is provided to perform eligible activities as identified in the Fiscal Year 2012 Emergency Management
Performance Grant Program , consistent with the . Department of Homeland Security State Strategy. The intent of
this agreement is to complete the following approved projects :
I. EO and Project Description
EO 58 — Citizen Corps and Community Emergency Response Team (CERT) Program - The Citizen
Corps mission is to bring community and government leaders together to coordinate the
involvement of community members and organizations in emergency preparedness, planning,
mitigation, response, and recovery .
The FY 2012 Citizen Corps Program (CCP) funds provide resources for States and local communities to :
• Bring together the appropriate leadership to. form and sustain a Citizen Corps Council
• Develop and implement a plan and amend existing plans, such as emergency operations plans
(EOP) to achieve and expand citizen preparedness and participation
• Conduct public education and outreach
• Ensure clear, timely, and accessible alerts/warnings and emergency communications with the
public
• Develop training programs for the public, including special needs populations, for both all -
hazards preparedness and volunteer responsibilities
• Facilitate citizen participation in exercises
• Implement volunteer programs and activities to support emergency responders
• Involve citizens in surge capacity roles and responsibilities during an incident in alignment with
the Emergency Support Functions and Annexes
• Conduct evaluations of programs and activities
II. Categories and Eligible Activities
Eligible activities are outlined in the Scope of Work for each category below. FY2012 EMPG allowable
costs are divided into the following categories : planning, training, exercises, equipment, management
and administration cost. Each category ' s allowable costs have been listed in the "Budget Detail
Worksheet" above. Eligible activities should support the above approved projects.
A. Planning
Planning spans across all five NPG mission areas and provides a baseline for determining potential threats
and hazards, required capabilities, required resources, and establishes a framework for roles and
responsibilities . Planning provides a methodical way to engage the whole community in the development
of a strategic, operational, and/or community-based approach to preparedness . Integrating non-
governmental entities into the planning process is critical to achieve comprehensive community
preparedness . To meet this important objective, EMPG funds may be used to support the following:
• Establishing and sustaining bodies to serve as Citizen Corps Councils
• Assuring that State and local government homeland security strategies, policies, guidance, plans,
and evaluations include a greater emphasis on government/non-governmental collaboration,
citizen preparedness, and volunteer participation
• Developing/enhancing emergency management and operations plans to integrate citizen/volunteer
and other non-governmental organization resources and participation .
Page 23 of 56
i
• Community-based planning to advance "whole community" security and emergency
management.
• Developing and implementing a community preparedness strategy for the State/local jurisdiction
• Developing or reproducing accessible public education and outreach materials to : increase citizen
preparedness and knowledge of protective actions (to include the national Ready Campaign
materials); promote training, exercise, and volunteer opportunities; and inform the public about
emergency plans, evacuation routes, shelter locations, and public alerts/warnings
o All public education and outreach materials must include the national or jurisdiction ' s
Citizen Corps logo, tagline or website or the Ready logo, tagline, or website and comply
with logo standards . For more information go to http://Www. citizencorps. gov. In addition,
all public education and outreach materials should incorporate special needs
considerations, to include language , content, and method of communication
o Allowable` expenditures include :
• Media campaigns : Public Service Announcements (PSAs), camera-ready
materials, website support, and newsletters
• Outreach activities and public events : Booth displays, event backdrops or
signs, displays and demonstrations, utilizing translation services, and
informational materials such as brochures/flyers
• Costs associated with inclusive practices and the provision of reasonable
accommodations and modifications to provide full access for children and
adults with disabilities .
• Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that
support disaster preparedness and/or response .
o Citizen support for emergency responders is critical through year-round volunteer programs
and as surge capacity in disaster response . Citizen Corps funding may be used to establish,
enhance or expand volunteer programs and volunteer recruitment efforts for Neighborhood
Watch/USAonWatch, Community Emergency Response Teams (CERT), Volunteers in
Police Service (VIPS), Medical Reserve Corps (MRC), and Fire Corps; for the Citizen Corps
Affiliate, Programs and Organizations; and for jurisdiction specific volunteer efforts .
• Allowable expenditures include :
o Recruiting, screening, and training volunteers (e . g. background checks)
o Retaining, recognizing, and motivating volunteers
o Purchasing, maintaining, or subscribing to a system to track volunteers (to include
identification and credentialing systems, and to track volunteer hours) and other
available resources in compliance with applicable privacy laws .
o Necessary non-structural accommodations to include persons with programmatic and
communications access needs (e . g. , sign language interpreters . Computer Assisted
Realtime Translation (CART) and other modifications of policies and practices to
fully include volunteers with disabilities)
o Evaluating volunteers
Be Training
Training funded through the CCP includes but is not limited to : all-hazards safety, such as
emergency preparedness, basic first aid, life saving skills, crime prevention and terrorism
Page 24 of 56
awareness, school preparedness, public health issues, mitigation/property damage prevention, safety
in the home, light search and rescue skills, principles of NIMS/ICS, community relations, volunteer
management, serving people with disabilities, pet care preparedness, any training necessary to
participate in volunteer activities, any training necessary to fulfill surge capacity roles, or other
training that promotes individual, family, or community safety and preparedness .
There is no cap on the number of deliveries State or local jurisdictions may conduct of non-
responder community based workshops, seminars, demonstrations, or conferences . Examples
include; CPR/AED training, identity theft workshops, terrorism awareness seminars, chain-saw
safety demonstrations, and disability-inclusive community preparedness conferences .
Funding for CERT training includes the delivery of the CERT Basic Training Course, supplemental
training for CERT members who have completed the basic training, and the CERT Train-the-
Trainer Course, and the CERT Program Manager Course . Any CERT Basic training conducted by
State or local entities must: 1 ) include the topics covered in the FEMA CERT Basic Training
Course; 2) be instructor-led; and 3 ) and classroom-based, using lecture, demonstration, and hands-
on practice throughout. Note that the Independent Study course, "Introduction to CERT" (IS 317)
must not be substituted for classroom delivery of CERT basic training.
Supplemental training for CERT members who have completed the basic training includes modules
available on the national CERT website, as well as other supplemental training that meets the
following criteria:
• Relates to a reasonably foreseeable activity CERT members might be tasked to perform in
support of emergency services responders ; or .
• Increases competency and understanding of the emergency management context in which
CERT members may be asked to operate ; or
• Enhances understanding of a particular local hazard CERT members might encounter in their
response activities
There is no cap on the number of deliveries State or local jurisdictions may conduct of the CERT
Basic Training, the CERT Train-the-Trainer, Campus CERT Train-the-Trainer, Teen CERT Train-
the-Trainer, or CERT Program Manager courses, or supplemental/advanced training for CERT
program participants .
Any training supported with these CCP funds should be delivered with specific consideration to
include all ages, ethnic and cultural groups, persons with disabilities, and access and functional
needs populations at venues throughout the community, to include schools, neighborhoods, places
of worship, the private sector, non-governmental organizations, and government locations.
Expenditures to provide necessary non-structural accommodations for persons with disabilities and
other access and functional needs is allowable (e.g. , sign language interpreters, CART and other
modifications of policies and practices to fully include participants with disabilities) . Jurisdictions
are also encouraged to leverage existing training provided via educational/professional facilities and
to incorporate non-traditional methodologies such as the Internet, distance learning, or home study
whenever such delivery supports training objectives . Pilot courses and innovative approaches to
training citizens and instructors are encouraged .
Instruction for trainers and training to support the Citizen Corps Council members in their efforts to
manage and coordinate the Citizen Corps mission is also an allowable use of the FY 20121 CCP
funding.
Page 25 of 56
EMPG Program funds used for training should support the nationwide implementation of NIMS .
The NIMS Training Program establishes a national curriculum for NIMS and provides information
on NIMS courses ; grantees are encouraged to place emphasis on the core competencies as defined
in the NIMS Training Program . The NIMS Training Program can be at
http ://www. fema. gov/pdf/emergency/nims/nims trainingzprogram. pdf/
The NIMS Guideline for Credentialing of Personnel provides guidance on the national
credentialing standards . The NIMS Guidelines for Credentialing can be found at
http://www. fema/gov/pdf/emergency/nims/nims cred guidelines report. pdf.
To ensure the professional development of the emergency management workforce, the grantee must
ensure routine capabilities assessment is accomplish and a multi-year training plan is developed and
implemented.
Allowable Training Costs
Allowable training-related costs include, but are not limited to, the following:
o Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to
administering the training, planning, scheduling, facilities, materials and supplies, reproduction of
materials, disability accommodations and equipment. Training should provide the opportunity to
demonstrate and validate skills learned, as well as to identify any gaps in these skills . Any
training or training gaps, including those for children and individuals with disabilities or access
and functional needs, should be identified in the AAR/IP and addressed in the training cycle .
o Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel which are the direct result of attendance at FEMA and/or approved training
courses and programs, are allowable. These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the State or unit(s) of local government and has
the approval of the State or the awarding agency, whichever is applicable . In no case is dual
compensation allowable . That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single period of
time (e. g. , 1 : 00 pm to 5 : 00 pm), even though such work may benefit both activities.
o Travel. Travel costs (e . g. , airfare, mileage, per diem, hotel) are allowable as expenses by
employees who are on travel status for official business related to approved training.
. o Hiring of Full or Part-Time Staff or Contractors/Consultants. Full- or- part-time staff may be
hired to support direct training-related activities . Payment of salaries and fringe benefits must be
in accordance with the policies of the State or unit(s) of local government and have the approval
of the State or awarding agency, whichever is applicable . Such costs must be included within the
funding allowed for program management personnel expenses, which must not exceed 15 percent
( 15 %) of the total allocation as specified in section E . 6. In no case is dual compensation
allowable (see above) .
o Certification/Recertification of Instructors Cost associated with the certification and re-
certification of instructors are allowed. States are encouraged to follow the FEMA Instructor
Quality Assurance Program to ensure a minimum level of competency and corresponding levels
Page 26 of 56
of evaluation of student learning. This is particularly important for those courses that involve
training of trainers .
C. Exercises
Exercises specifically designed for or that include participation from non-governmental entities and
the general public are allowable activities and may include testing public warning systems,
evacuation/shelter in-place capabilities, family/school/business preparedness, and participating in
table-top or full scale emergency responder exercises at the local, State, tribal, territorial, or
national level, to include the National Level Exercises . Grantees are encouraged to develop
exercises that test their SOPS/SOGs in accordance with the FY 2012 Priority requirements .
. Allowable exercise-related costs include :
• Funds Used to Design, Develop, Conduct, and Evaluate an Exercise — Includes costs
related to planning, meeting space and other meeting costs, facilitation costs, materials
and supplies, travel, and documentation . Grantees are encouraged to use free public
space/locations/facilities, whenever available, prior to the rental of
space/locations/facilities . Exercises should provide the opportunity to demonstrate and
validate skills learned, as well as to identify any gaps in these skills . Any exercise or
exercise gaps, including those for children and individuals with disabilities or access and
functional needs, should be identified in the AAR/IP and addressed in the exercise cycle .
• Hiring of Full or Part-Time Staff or Contractors/Consultants — Full or part-time staff
may be hired to support exercise-related activities. Payment of salaries and fringe
benefits must be in accordance with the policies of the State or unit(s) of local
government and have the approval of the State or the awarding agency, whichever is
applicable . The services of contractors/consultants may also be procured to support the
design, development, conduct and evaluation of exercises . In no case is dual
compensation allowable .
•. 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 .
• Travel — Travel costs are allowable as expenses by employees who are on travel status
for official business related to the planning and conduct of exercise project(s) or HSEEP
programmatic requirements as described in the HSEEP website (e . g. , Improvement Plan
Workshops, Training and Exercise Plan).
• 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).
Page 27 of 56
• Disability Accommodations - Materials, services, tools and equipment for exercising
inclusive of people with disabilities (physical, programmatic and 'communications access
for people with physical , sensory, mental health, intellectual and cognitive disabilities) .
• Other Items — These costs include the rental of equipment (e . g. , portable toilets, tents),
food, gasoline, exercise signs, badges, etc .
Unauthorized exercise-related costs include $
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles
(e . g. , construction vehicles) and emergency response apparatus (e . g. , fire trucks ,
ambulances) .
• Equipment that is purchased for permanent installation and/or use, beyond the scope of
exercise conduct (e . g. , electronic messaging signs) .
• Durable and non-durable goods purchased for installation and/or use beyond the scope of
exercise conduct
Exercise Requirements
Exercises conducted with FEMA support must be managed and executed in accordance with the
Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Guidance for exercise
design, development, conduct, evaluation, and improvement planning is located at
https://hseep. dhs. gov. The HSEEP Library provides sample exercise materials and templates .
All exercises using HSGP funding must be NIMS compliant. More information is available online at
the NIMS Integration Center, http://Www.fema. gov/emergencylnimslindex. shtm ,
Where applicable, the Training and Exercise Plans should include training and exercises that support
specialized programs, such as the Regional Catastrophic Preparedness Grant Program .
States are encouraged to exercise their capabilities with regard to infants and children across all
aspects of response and recovery , including pediatric medical surge capabilities and integrating the
accessibility and functional needs of children and adults with disabilities .
• Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the
State/Urban Area' s Homeland Security Strategy and plans . Acceptable scenarios for SHSP,
UASI, MMRS , and CCP exercises include : chemical, biological, radiological, nuclear,
explosive, cyber, agricultural and natural or technological disasters . Exercise scenarios must
be catastrophic in scope and size as defined by the National Response Framework.
The scenarios used in HSGP-funded exercises must focus on validating existing capabilities
and must be large enough in scope and size to exercise multiple tasks and warrant
involvement from multiple jurisdictions and disciplines and nongovernmental organizations,
and. take into account the needs and requirements for individuals with disabilities . Exercise
scenarios should also be based on the Multiyear Training and Exercise Plan .
• 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
Page 28 of 56
for the purpose of the Multi-Year Training and Exercise Plan. The State or Urban Area
should plan to use SHSP or UASI funding to finance training and exercise activities in
preparation for those events. States and Urban Areas should also consider exercises at major
venues (e. g. , arenas, convention centers) that focus on evacuations, communications, and
command and control . 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 Training and Exercise Plan.
• Exercise Evaluation Improvement. Exercises should evaluate performance of the objectives
and capabilities required to respond to the exercise scenario . Guidance related to exercise
evaluation and improvement planning is defined in the Homeland Security Exercise and
Evaluation Program located at https ://hseep. dhs. gov.
• Role of Non-Governmental Entities in Exercises. Non-governmental participation in all
levels of exercises is strongly encouraged. Leaders from nongovernmental entities should be
included in the planning, conduct, 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, volunteer, and other non-
governmental organizations . Non-governmental participation in exercises should be
coordinated with the local Citizen Corps Council(s) and other partner agencies . The
scenarios used in HSGP-funded exercises must focus on validating existing capabilities,
must comply with and be large enough in scope and sixe 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 .
D. Equipment
States and Urban Areas are encouraged to fully leverage all HSGP resources for equipment to
support volunteer personnel in preparedness and response . All allowable equipment costs are listed
in the AEL, available at https ://www. rkb. us .
Any equipment purchased with CCP funding must be used for specific preparedness or volunteer
training or by volunteers in carrying out their response functions. Examples of equipment used to
support training and exercises for citizens include items such as burn pans or sample preparedness
kits .
Expenditures for kits used in volunteer response (e . g. , CERT or MRC kits ! backpacks) or clothing
for official identification must not exceed 30 percent of the total Citizen Corps Program allocation.
Clothing for official identification includes those items that volunteers are required to wear when
engaging in public safety activities or disaster response (e . g. , t-shirts for CERT members, baseball
caps for Neighborhood Watch/USAonWatch Program foot patrol members) . To assure appropriate
and consistent use, such clothing items must be issued by the agency that trains the volunteers .
CCP supported volunteer programs and assets, which are authorized to deploy in response and
recovery operations, must meet the minimum training and equipment requirements, as determined
by the national program office in coordination with the sponsoring State/territory .
Necessary accommodations that meet the disability related access and functional needs of
participants should be provided.
Page 29 of 56
E. Management and Administration - no more than 5 % of each sub-recipient' s total award may be
expended on Management and Administration costs . M&A activities are those define as directly
relating to the management and administration of EMPG Program funds, such as financial
management and monitoring. It should be noted that salaries of State and local emergency
managers are not typically categorized as M&A, unless the State or local EMA chooses to assign
personnel to specific M&A activities .
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
Development of operating plans for information collection and processing necessary to
respond to DHS/FEMA data calls
Costs associated with achieving emergency management that is inclusive of the access and
functional needs of workers and citizens with disabilities
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.
m. Program Requirements
1 . The following are required items to be provided to participate under the CERT Sub-grant :
(NOTE : Special exemption can be granted by the State Citizen Corps/CERT office . )
A . PPE Equipment
• Hard Hat • Protective Eyewear
• ID Tag • Dust Mask or simple HEPA
Mask
• Light Stick • Reflective Vest
• Latex or Nitrate Gloves • Marking Caulk or Marking
Page 30 of 56
Crayon
• Signal Whistle • Bag/Backpack
• Work Gloves • Flashlight (simple)
• Roll of Duck Tape • Cardboard or Simple Splint
(forearm or leg)
• Disaster medical care items for at least 3 victims such as
gauze, triangles, etc .
Be Participant manuals — provided by applicant
C . SOPs/SOGs
D. Certificate
2 . CERT trainings and events should be posted on the National Citizen Corps Calendar Website,
SERT Trac State Calendar and approved by the State Citizen Corps/CERT office.
3 . The following are required items for the CERT Basic Training Course to be taught under this sub-
grant.
A. Use of the Full FEMA/EMI/FDEM CERT Basic Training Course —6317 including the
terrorism module and showing the Sheltering-In-Place Video (DVD) '
Be Use of a CERT Train-the-Trainer (TTT) —6428 Qualified Individual (FEMA/FDEM
graduate of the CERT TTT or Trainer Course) as Program Manager, Course Manager, or
Lead Instructor
C . Use of the CERT Program Manager Course —6427 Qualified Individual (FEMA/FDEM
graduate of the CERT TTT or Trainer Course) as Program Manager.
D. Use of Adequate Training Facility
4 . It is the responsibility of the applicant to arrange and compensate course managers for CERT
trainings and course manuals .
5 . Tracking and reporting the number of trained CERT volunteers is not only a State of Florida
priority, but also a DHS/ODP priority . It is required to have a database to track the number of
trained volunteers, as well as someone, to monitor/enter data to such a database .
6. Required Quarterly Reports will be due as indicated in the signed contract, or separate schedule .
The Quarterly Report should include more extended training data, explanation on the expenditure
of Subgrant dollars for the quarter, and any CERT activities that took place during the quarter.
FDEM reserves the right to change quarterly reporting due dates when to do so would be in the
best interest of the State of Florida.
7 . Citizen Corps/CERT programs must comply with the DHS requirement of NIMS compliancy . A
letter from your County Emergency Management or your sponsoring agency indicating
compliance with NIMS requirements must be completed by the deadline outlined in the contract.
Page 31 of 56
A. Cost Share Guidance
Types of Match
Cash Match an Cash (hard) match includes non-Federal cash spent for project-related costs,
according to the program guidance . Allowable cash match must only include those costs which
are in compliance with 2 CFR Part 225 , Cost Principles for State, Local, and Indian Tribal
Governments (OMB Circular A-87) and 44 CFR Part 13 , Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments ,
In-kind Match - In-kind (soft) match includes, but is not limited to, the valuation of in-kind
services. "In-kind" is the value of something received or provided that does not have a cost
associated with it. For example, if in-kind match (other than cash payments) is permitted, then the
value of donated services could be used to comply with the match requirement. Also, third party
in-kind contributions may count toward satisfying match requirements provided the grantee
. receiving the contributions expends them as allowable costs in compliance with 2 CFR Part 225 ,
Cost Principles for. State, Local, and Indian Tribal Governments (OMB Circular A47) and 44
CFR Part 13 , Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments ,
Definitions
Matching or Cost Sharing. This means the value of the third party in-kind contributions and the
portion of the costs of a Federally-assisted project or program not borne by the Federal
Government. All cost-sharing or matching funds claimed against a FEMA grant by State, local or
tribal governments must meet the requirements of the program guidance and/or program
regulations, 44 CFR § 13 , and 2 CFR § 225 .
Cash Match (hard). This includes cash spent for project-related costs under a grant agreement.
Allowable cash match must include only those costs which are allowable with Federal funds in
compliance with the program guidance and/or program regulations, 44 CFR § 13 , and 2 CFR §
225 .
In-kind Match. (soft). This means contributions of the reasonable value of property or services in
lieu of cash which benefit a Federally-assisted project or program. This type of match may only
be used if not restricted or prohibited by program statute, regulation or guidance and must be
supported with source documentation . Only property or services that are in compliance with
program guidance and/or program regulations, 44 CFR § 13 , and 2 CFR § 225 , are allowable .
Be National Incident Management System ( NIMS) Compliance
HSPD-5 , "Management of Domestic Incidents," mandated the creation of NIMS and the National
Response Plan (NRP). NIMS provides a consistent framework for entities at all jurisdictional
levels to work together to manage domestic incidents, regardless of cause, size, or complexity . To
promote interoperability and compatibility among Federal, State, local, and tribal capabilities,
NIMS includes a core set of guidelines, standards, and protocols for command and management,
preparedness, resource management, communications and information management, supporting
technologies, and management and maintenance of NIMS . The NRP, using the template
established by NIMS , is an all-discipline, all-hazards plan that provides the structure and
mechanisms to coordinate operations for evolving or potential Incidents of National Significance,
Page 32 of 56
which are major events that "require a coordinated and effective response by an appropriate
combination of Federal , State, local, tribal, private sector, and nongovernmental entities. "
The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for
nongovernmental organizations that support NIMS implementation. These activities closely
parallel the implementation activities that have been required of State, territorial, tribal, and local
governments since 2004 and can be found at www. fema. govL/Pdf/emergency/nims/ngo fs. pdf. To
integrate nonprofit organizations into the broader national preparedness effort, DHS encourages
grantees to consider pursuing these recommended activities.
Additionally, nongovernmental organizations grantees and sub-grantees will be required to meet
certain NIMS compliance requirements . This includes all emergency preparedness, response,
and/or security personnel in the organization participating in the development, implementation,
and/or operation of resources and/or activities awarded through this grant must complete training
programs consistent with the NIMS National Standard Curriculum Development Guide .
Minimum training includes IS400 NIMS : An Introduction. In addition, IS- 800 . a NRP : An
Introduction, Incident Command System (ICS- 100), Incident Command System ( ICS-200),
Intermediate Incident Command System (&300), and Advanced Incident Command System (G-
400) are also recommended . For additional guidance on NIMS training, please refer to
http ://www. fema. gov/emergency/nims/nims training shtm .
Additional information about NIMS implementation and resources for achieving compliance are
available through the NIMS Integration Center (NIC), at http ://www. fema. gov/emergency/nims/.
Page 33 of 56
ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION 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
• Field based training and exercises including activities that involve ground
disturbance, use of explosives, toxic agents or otherwise have the potential to cause
impact to the environment or historical resources. This is only a requirement if the
exercise or field training is not being conducted by a certified professional or at an
existing facility with established procedures .
In addition, the erection of communications towers that are included in a jurisdiction ' s
interoperable communications plan is allowed, subject to all applicable laws, regulations, and
licensing provisions. Communication tower projects must be submitted to FEMA for EHP
review.
EHP DETERMINATION PROCESS
I . Submit the Final Screening Memo to the SAA for review prior to funds being
expended .
II . The SAA will review and notify the recipient of its decision . The grantee should
incorporate sufficient time and resources into the project planning process to
accommodate EHP requirements.
APPROVAL PROCESS TO FEMA
I . Prepare a formal written Scope of Work with details outlined in the attached EHP
Compliance Requirements , page 2 .
34
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
askcsidAdhs . gov .
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 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.
III . Reporting Requirements
1 . Quarterly Programmatic Reporting :
The Quarterly Programmatic Report is due within 30 days after the end of the reporting
periods (March 30, June 30, September 30 and December 30) for the life of this contract.
• If a report(s) is delinquent, future financial reimbursements will be withheld until
the Recipient' s reporting is current.
• If a report goes 2 consecutive quarters without Recipient providing information
in the narrative portion of the Quarterly Status Report, Report will be denied until
narrative is provided; also financial reimbursements will be withheld until the
required information has been submitted.
}
Programmatic Re ortin Schedule
Reporting Period Report due to DEM no later than
January I through March 31 Aril 30
April 1 through June 30 July 31
35
July 1 through September 30 October 31
October 1 through December 31 January 31
2. Programmatic Reporting-BSIR
After the end of each reporting period, for the life of the contract, unless directed
otherwise, the SAA .will complete the Biannual Strategic Implementation Report in the
Grants Reporting Tool (GRT) https : //www. reporting. odp. dhs . gov. The reporting periods
are January 1 -June 30 and July 1 -December 31 . Data entry is scheduled for December 1
and June 1 respectively. Future awards and reimbursement may be withheld if these
reports are delinquent.
3. Reimbursement Requests :
A request for reimbursement may be sent to your contract manager for review and
approval at anytime during the contract period . The Recipient should include the
category ' s corresponding line item number in the "Detail of Claims" form . This number
can be found in the "Proposed Program Budget". A line item number is to be included
for every dollar amount listed in the "Detail of Claims" form.
4. Close-out Programmatic Reporting ,
The Close-out Report is due to the Florida Division of Emergency Management no later
than 60 days after the agreement is either completed or the agreement has expired.
5 . Monitoring :
Florida Division of Emergency Management
US Department of Emergency Management Performance Grants Program
Grant Monitoring Process
Florida has enhanced .the state and local capability and capacity to prevent, prepare and respond to
terrorist threats since 1999 through various funding sources including federal grant funds. As the steward
of the State Emergency Management Performance Grant Program funds, projects and equipment the
Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status
of the grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a recipient agency ' s compliance
with applicable state and federal guidelines. The FDEM is responsible for monitoring the financial,
programmatic and capability portion of the grant to include equipment procurement and compliance with
applicable SHSGP grant guidance and statutory regulations .
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/capability . Financial monitoring is the review of records associated with the purchase and
disposition of property, projects and contracts . Capability review is the observation of equipment
purchased, protocols and other associated records . Various levels of financial and programmatic review
may be accomplished during this process .
36
Desk monitoring is defined as the review of projects, financial activity and technical assistance between
the program office and the applicant via e-mail and telephone . Site visits are defined as actual visits to
the recipient agency ' s location by a team or members of the FDEM or their designee , to actually observe
records, procedures and equipment.
Freauencv of annual monitoring activity:
Each year the FDEM will identify up to 50% of sub-grantees for site visit monitoring. It is important to
note that although a given grant has been closed successfully , it is still subject to either desk or on-site
monitoring for a five year period following closure.
Examples of areas that may 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
Specific difficulties completing the project.
Agency NIMS/ICS compliance documentation
In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack
there of, on the part of the specific recipient has generated questions from the region, the sponsoring state
agency or the FDEM leadership . The method of gathering this information will be determined on a case.
by-case basis .
Desk monitoring is an on-going process. Agency recipients will be required to participate in desk top
monitoring on an annual basis and as determined by the FDEM . The agency recipients will complete and
submit the desk top monitoring within 14 business calendar days of receipt. This contact will provide an
opportunity to identify the need for technical assistance (TA) and/or a site visit if the FDEM determines
that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by
the program office via email . Information will include the grant recipient agency name, year and project
description and the nature of the issue in question. Many of the issues that arise may be resolved at the
regional or sponsoring agency level . Issues that require further TA will be referred to the FDEM for
assistance. Examples of TA include but are not limited to :
1+k Equipment selection or available vendors
�V Eligibility of items or services
k Coordination and partnership with other agencies within or outside the region or discipline
Site Visits
Site visits will be conducted by the FDEM or designated personnel . Site visits will be scheduled in
advance with the recipient agency POC designated in the grant agreement. Monitoring questionnaires
will be provided in advance of the visit.
37
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits
will be coordinated with the capability review visits . Subject matter experts from other agencies within
the region or state may be called upon to assist in the form of a peer review as needed.
All findings related to the capability review will be documented and maintained within the FDEM .
Site Visit Protocol
The following outlines the monitoring protocol for the FDEM :
The site visits will begin with those grantees that are currently spending or have completed spending for
that federal fiscal year (FFY) . Site visits may be combined when geographically convenient. There is a
site visit checklist to assist in the completion of all required tasks .
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact (POC) stating the purpose of the site visit at
least 30 calendar days before the planned arrival date . FDEM personnel will call within the next 10
calendar days to schedule an appointment to review the grantee ' s program .
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.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in
the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee ' s corresponding folder(s)
before the visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable
documents will be made and distributed to the site visit team at a minimum of five (5 ) calendar days
before the visit. A reminder e-mail should be sent to all team members and the recipient POC one
business day in advance of the site visit.
Site Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this
time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial
monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the
financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation
has been reviewed, a tour/visual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible . Bigger items (computers, response vehicles,
etc . ) should have an asset decal (information/serial number) placed in a prominent location on each piece
of equipment as per recipient agency requirements . The serial numberrshould correspond with the
appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capital
expenditures in excess of $ 1 ,000. per item) .
If an item is not available (being used during time of the site visit) , the appropriate documentation must
be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of
38
equipment has been completed, the FDEM personnel will then conduct an exit conference with the
grantee to review the findings .
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment
voucher/reimbursement, equipment, questions, etc .
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial
Review Team , if applicable.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee
explaining any issues and corrective actions required or recommendations . Should no issues or findings
be identified, a monitoring report to that effect will be generated and sent to the grantee . The grantee will
submit a Corrective Action Plan within a timeframe as determined by the FDEM . The Site Visit
Worksheet, report and photographs will then be included in the grantee ' s file along with any documents
distributed at the site visit by the grantee .
Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Peggy Cadeaux Owen Roach
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd .
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
( 850) 413 -9966 (850) 410- 1599
Peggy .Cadeaux@em. myflorida.com Owen.Roach@em. myflorida.com
D. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work.
• The FDEM shall administer the financial processes .
39
Attachment B
Program Statutes, Regulations and Special Conditions
1 ) 53 Federal Register 8034
2) 31 U . S . C . § 1352 -
3 ) Chapter 473 , Florida Statutes
4) Chapter 215 , Florida Statutes
5 ) E.O . 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR
Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 _
7) Section 102(a) of the Flood Disaster Protection Act of 1973 , Public Law 93 -234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470), Executive
Order 11593
9) Archeological and Historical Preservation Act of 1966 ( 16 USC 569a- 1 et seq. )
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11 ) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13 ) Omnibus Crime Control and Safe Streets Act of 1968 , as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15 ) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973 , as amended;
17) Subtitle A, Title I1 of the Americans with Disabilities Act (ADA) ( 1990);
18) Title. IX of the Education Amendments of 1972 ;
19) Age Discrimination Act of 1975 ; Department of Justice Non-Discrimination Regulations, .
20) 28 CFR Part 42 , Subparts C,D,E, and G
21 ) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
Special Conditions
Article I — Financial Guidelines
1 . The grantee and any sub grantee shall comply with the most recent version of the Administrative
Requirements, Cost Principles, and Audit Requirements . A non-exclusive list of regulations commonly
applicable to DHS grants are listed below :
A. Administrative Requirements
1 . 44 CFR Part 13 , Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
2 . 2 CFR Part 215 , Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB
Circular A- 110)
3 . 44 CFR Part 10, Environmental Considerations
B. Cost Principles
I . 2 CFR Part 225 , Cost Principles for State, Local and Indian Tribal Governments (OMB
Circular A-87)
40
2 . 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21 )
3 . 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A- 122)
4 . 48 CFR 31 . 2 , Federal Acquisition Regulations (FAR), Contracts with Commercial
Organizations
C. Audit Requirements
1 . OMB Circular A433 , Audits of States, Local Governments, and Non-Profit Organizations
Article II — Financial Reports (FDEM Form 1 & 2) Required Quarterly
The recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days of the end of the first Federal
quarter covering the grant period of performance . The recipient shall submit quarterly reports thereafter until the
grant ends and final payment is received . Reports are due on January 31 , April 30, July 31 and October 30.. A
report must be submitted for every quarter of the period of performance, including partial calendar quarters, as
well as for periods where no grant activity occurs. Future reimbursement requests may be withheld if these reports
are delinquent. The Close-Out Report (FDEM Form 5 ) is due within sixty (60) days after the end date of the
performance period .
Article III — Summary Description of Project
The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs related to preparedness
activities . associated with implementing the State Homeland Security Strategy, any respective Urban Area
Security Strategies, and the investments identified during the application period . The HSGP consists of the State
Homeland Security Program (SHSP) , the Urban Area Security Initiative (UASI), the Citizen Corps Program
(CCP), the Metropolitan Medical Response System (MMRS) program, and Operation Stonegarden (OPSG) .
Together, these programs provide an integrated mechanism to enhance the coordination of National Priority
efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies .
Article IV — National Environmental Policy Act (NEPA)
The recipient shall comply with all applicable Federal, State, and local environment and historic preservation
(EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable
laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act,
and Executive Orders on Floodplains ( 11988), Wetlands ( 11990) and Environmental Justice ( 12898). Failure of
the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize
Federal funding. Recipient shall not undertake any project having the potential to impact Environmental or
Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to
communication towers, physical security enhancements, new construction, and modifications to buildings that are
50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP
review. Any change to the approved project scope of work will require re-evaluation for compliance with these
EHP requirements . If ground disturbing activities occur during project implementation, the recipient must ensure
monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will
immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation
Office . Any construction activities that have been initiated prior to the full EHP review could result in a non-
compliance finding. For your convenience, here is the screening form link: (The Screening Form is available at :
(www . fema. gov/doc/government/grant/bulletins/info329 final screening memo . doc) . For these types of projects,
grantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01 ) and
submit it, will all supporting documentation, to their respective FDEM grant manager for review. Grantees should
submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award .
41
Article V- Specific Acknowledgements and Assurances
All recipients of financial assistance must acknowledge and agree and require any sub-recipients, contractors,
successors, transferees, and assignees acknowledge and agree to comply with applicable provisions governing
DHS access to records, accounts, documents, information, facilities, and staff.
1 . Recipients must cooperate with any compliance review or complaint investigation
conducted by Florida Division of Emergency Management and Department of Homeland
Security .
2 . Recipients must give Florida Division of Emergency Management and Department of
Homeland Security access to and the right to examine and copy records, accounts, and other
documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary , as required by DHS
regulations and other applicable laws or programs guidance .
3 . Recipients must submit timely, complete, and accurate reports to Florida Division of
Emergency Management and maintain appropriate back up documentation to support the
reports .
4 . Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed program guidance .
5 . If, during the past three years, the 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 recipient must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement agreements
to Florida Division of Emergency Management and the DHS Office of Civil Rights and
Civil Liberties .
6 . In the event any court or administrative agency makes a finding of discrimination on grounds
of race, color, national origin (including limited English proficiency), sex, age, disability,
religion, or familial status against the recipient, or the recipient settles a case or matter
alleging such discrimination, recipients must forward a copy of the compliant and findings to
Florida Division of Emergency Management which will then be forwarded to DHS
Component. The United States has the right to seek judicial enforcement of these obligations.
Article VI — Lobbying Prohibitions
None of the funds provided under an award may be expended by the recipient to pay any person to influence, or
attempt 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 any Federal action concerning the award
or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found
at 31 U . S . Co 1352 .
Article VII— Acknowledge of Federal Funding from DHS
The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2012
Homeland Security Grant Program (HSGP) guidance and application kit. Also recipients will comply to
acknowledge Federal funding when issuing statements, press releases, request for proposals, bid invitations, and
other documents describing projects or programs funded in whole or in part with Federal funds.
Article VIII — Copyright
42
Recipients will comply with requirements that publications or other exercise copyright for any work first
produced under Federal financial assistance awards hereto related unless the work includes any information that is
otherwise controlled by the Government (e . g. , classified information or other information subject to national
security or export control laws or regulations). For any scientific, technical, or other copyright work based on or
containing first data produces under this award, including those works published in academic, technical or
professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty-free,
nonexclusive and irrevocable license to reproduce, display, distribute copies , perform, disseminate, or prepare
derivative works and to authorize others to do so, for Government purposes in all such copyrighted works . The
recipient shall affix the applicable copyright notices of 17 U . S . C . 401 or 402 and an acknowledgement of
Government sponsorship (including award number) to any work first produced under an award.
Article IX — Use of DHS Seal, Logo and Flags
Recipients must obtain DHS ' s approval prior to using the DHS seal(s), logos, crests or reproductions of flags or
likenesses of DHS agency officials, including use of the United States. Coast Guard seal, logo, crests or
reproductions of flags or likeness of Coast Guard officials .
Article X— Activities Conducted Abroad
Recipients will comply with requirements that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and those appropriate licenses, permits, or
approvals are obtained .
Article XI— Fly America Act of 1974
Recipients will comply with the requirements of the Preference for U. S . Flag Air Carriers : Travel supported by
U . S . Government funds requirement, which states preference for the use of U . S . flag air carriers (air carriers
holding certificates under 49 U . S .C . 41102) for international air transportation of people and properly to the
extent that such service is available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U. S . C . 40118) and the interpretative guidelines issued by the Comptroller General of
the united States in the March 31 , 1981 , amendment to Comptroller General Decision B 13 89420
Article XII— GPD — Drug-Free Workplace Regulations
Recipients will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U . S . 0 707 et seq .),
which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free
workplace . The recipient must notify the awarding office if an employee of the recipient is convicted of violating
a criminal drug statue. Failure to comply with these requirements 'may be cause for debarment. These regulations
are codified at 2 CFR 3001 .
Article XIII — Trafficking Victims Protection Act of 2000
Recipients will comply with requirements of the government-wide term which implements Section 106(g) of the
Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U . S . C . 7104), located at 2 CFR Part 175 .
This is implemented in accordance with OMB Interim in Final Guidance, Federal Register, Volume 72, No. 218,
November 13 , 2007 . In accordance with the' statutory requirement, in each agency award under which the funding
43
1
is provided to a private entity , Section 106(g) of the TVPA, as amended, required the agency to include a
condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub-recipient —
(a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b)
Procures a commercial sex act during the period of time the award is in effect; or (c) Uses forced labor in the
performance of the award or sub-awards under the award . Full text of the award term is provided at 2 CFR
175 . 15 .
Article XIV — Civil Rights Act of 1964
Recipients will comply with the requirements of the title VI of the Civil Rights Act of 1964 (42 U . S . C . 2000d et
seq .), which provides that no person in the United States will, on the grounds of race, color, or national origin, be
excluded from participation, in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance .
Article XV — Civil Rights Act of 1968
Recipients will comply with the requirements of Titles VII of the Civil Rights Act, which prohibits recipients
from discriminating in the sale, rental , financing, and advertising of dwelling, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability, familial status , and sex (42
U . S .C . 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100 .
The prohibition on disability discrimination includes the requirement that new multifamily housing with four or
more dwelling units i . e . , the public and common use areas and individual apartment units (all units in buildings
with elevators and ground floor units in buildings without elevators) be designed and constructed with certain
accessible features (see 24 CFR 100 . 201 ) .
Article XVI — American with Disabilities Act of 1990
Recipients will comply with the requirements of Titles 1, II, I11 of the Americans with Disabilities Act, which
prohibits recipients from discriminating on the basis of disability in the operation of the public entities, public and
private transportation systems, places of the public accommodation, and certain testing entities (42 U . S . C . 12101 -
12213 ) .
Article XVII — Age Discrimination Act of 1975
Recipients will comply the requirements of the Age discrimination Act of 1975 (42 U . S . C . 6101 et seq.), which
prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance .
Article XVIII — Title IX of the Education Amendments of 1972
Recipients will comply with the requirements Title IX of the Education Amendments of 1972 (20 U . S .C. 1681 et
seq . ) which provides that no person in the United States will, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving
Federal financial assistance. These regulations are codified at 44 CFR Part 19 .
Article XIX— Rehabilitation Act of 1973
Recipients will comply with the -requirements of Section 504 of the Rehabilitation Act of 1973 , 29 U . S . C . 794, as
amended, which provides that no otherwise qualified handicapped individual in the United States will , solely by
44
reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to the
discrimination under any program or activity receiving Federal financial assistance. These requirements pertain
to the provision of benefits or services as well as to employment.
Article XX — Limited English Proficiency
Recipients will comply with the requirements of Executive Order 13166, Improving Access to Services for
Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency
guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP).
To ensure compliance with title . VI, recipients must take reasonable steps to ensure that LEP persons have
meaningful access to your programs. Meaningful access may entail providing language assistance services,
including oral and written translation, where necessary . Recipients are encouraged to consider the need for
language services for LEP persons served or encounters both in developing budgets and in conducting programs
and activities . For assistance and information regarding LEP obligations, go to hqp : //www . lep. gov.
Article XXI— Animal Welfare Act of 1966
Recipients will comply with the requirements of the Animal Welfare Act, as amended (7 U . S .C. 2131 et seq . ),
which requires that minimum standards of care and treatment be provided for vertebrate animals bred for
commercial sale, used in research, transported for commercial sale, or exhibited t the public . Recipients must
establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the
Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government
Principles Regarding the Care and Use of Animals .
Article XXII — Clean Air Act of 1970 and Clean Air Act of 1977
Recipients will comply with the requirements of 42 U. S . C . 7401 et seq. and Executive Order 11738, which
provides for the protection and enhancement of the quality of the nation ' s air resources to promote public health
and welfare and for restoring . and maintain the chemical , physical, and biological integrity of the nation ' s waters
is considered research for other purposes.
Article XXIII— Protection of Human Subjects
Recipients will comply with requirements of the Federal regulations at 45 CFR Part 46, which requires recipients
to comply with the applicable provisions/law for protection of human subjects for purposes of research.
Recipients must also comply with the requirements of DHS Management Directive . 026-04, Protection of Human
Subjects, prior to implementing any work with human subjects . For purposes of 45 CFR Part 46, research means
a systematic investigation, including research, development, testing, and evaluation, designed to develop or
contribute to general knowledge . Activities that meet this definition constitutes research for purposes of this
policy, whether or not they are conducted or supported under a program that is considered research for other
purposes . The regulations specify additional protections for research involving human fetuses, pregnant women,
and neonates ( Subpart B) : prisoners ( Subpart C) ; and children (Subpart D) . The use of autopsy materials is
governed by applicable state and local law and is not directly regulated by 45 CFR Part 46 .
Article XXIV— National Flood Insurance Act of 1968
Recipients will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as
amended, which provided for benefit payments under the Standard Flood Insurance Policy for demolition or
relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and
that is certified by an appropriate State or local land use authority to be subject to imminent collapse or
45
subsidence as a result of erosion or undermining caused by waved exceeding anticipated cyclical levels . These
regulations are codified at 44 CFR Part 663 .
Article XXV— Flood Disaster Protection Act of 1973
Recipients will comply with the requirements of the Flood Disaster Act of 1973 , as amended (42 U. S . C . 4001 et
seq. ), which provides that no Federal financial assistance to acquire, modernize, or construct property may be
provided in identified flood-prone communities in the United Stated, unless the community participates in the
National Flood Insurance Program and flood insurance is purchases within one year of the identification . The
flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of
flood prone areas that are eligible for flood insurance are published in the Federal Registry by FEMA.
Article XXVI — Coastal Wetlands Planning, Protection, and Restoration Act of 1990
Recipients will comply with the requirements of Executive Order 1190, which provides that federally funded
construction and improvements minimize the destruction, loss or degradation of wetlands. The Executive Order
provides that; in furtherance of Section 101 (b) (3 ) of NEPA (42 U. S . C . 433l (b) (3 )), Federal agencies, to the
extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the
head of the agency finds that there is no practicable alternative to such construction, and that the proposed action
includes all practicable measures to minimize harm to wetlands that may result from such use . In making this
finding, the head of the agency may take into account economic, environmental, and other pertinent factors . The
public disclosure requirement described above also pertains to early public review of any plans or proposals for
new construction in wetlands . This is codified at 44CFR Part 9 .
Article XXVII — USA Patriot Act of 2001
Recipients will comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18
U . S . C . 1754 75c . Among other things, it prescribes criminal penalties for possession of any biological agent,
toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective,
bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified
materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological
agent or toxin that is listed as a select agent.
46
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT :
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is
requested , budget data on which the request is based must be submitted . Any advance payment under this
Agreement is subject to s. 216. 181 ( 16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the Recipient within the initial three months of the Agreement.
[ ] ADVANCE REQUESTED
[ ] NO ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
No advance payment is requested. Payment payments will be made on a reimbursement basis . These funds
will be solely on a reimbursement basis. No are needed to pay staff, award benefits to clients, duplicate
additional information is required. forms and purchase start-up supplies and equipment. We
would not be able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (B) (C) (D)
DESCRIPTION
FFY 20 FFY 20 FFY 20 Total
INITIAL CONTRACT
1
ALLOCATION
2 FIRST THREE MONTHS
CONTRACT EXPENDITURES'
3 AVERAGE PERCENT EXPENDED
IN FIRST THREE MONTHS
(Divide line 2 byline 1 .)
' First three months expenditures need only be provided for the years in which you requested an advance. If
you do not have this information , call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION :
47
X $ _
Cell D3 DEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ j Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
[ j Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages
if needed.
ESTIMATED EXPENSES
20 -20 Anticipated Expenditures for First Three
BUDGET CATEGORY
. Months of Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
i
48
Attachment D
Warranties and Representations
Financial Manaaement
Recipient' s financial management system must include the following:
( 1 ) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities . These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3 ) Effective control over and accountability for all funds, property and other assets . Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes .
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of
the applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall
be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or
eliminate competition or otherwise restrain trade . In order to ensure , excellent contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements
of work, and invitations for bids and/or requests for proposals shall be excluded from competing for such
procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation
and is most advantageous to the Recipient, considering the price, quality and other factors . Solicitations shall
clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated
by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so .
49
Code of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts . No employee, officer, or agent shall participate in the selection, award,
or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has
a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts . The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all
of the particular work for which they are hired by the Recipient.
50
l
Attachment E
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
( 1 ) The prospective subcontractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency .
(2) Where the Recipient' s subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form .
SUBCONTRACTOR.
By :
Signature Recipient ' s Name
Name and Title DEM Contract Number
51
Street Address
City , State, Zip
Date
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines
and requirements, including OMB Circulars No . A-21 , A- 110, A422, A- 128 , A- 87 ; E. O . 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that
govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant
assures and certifies that:
1 . It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (P . L . 91 -646) which provides for fair and equitable treatment of persons displaced as a
result of Federal and federally-assisted programs.
2 . It will comply with provisions of Federal law which limit certain political activities of employees of a State or
local unit of government whose principal employment is in connection with an activity financed in whole or in
part by Federal grants . ( 5 USC 1501 , et seq.)
3 . It will comply with the minimum wage and maximum hour' s provisions of the Federal Fair Labor Standards
Act.
4 . It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom
they have family, business, or other ties .
5 . It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to
and the right to examine all records, books, papers, or documents related to the grant.
6 . It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements .
7 . It will insure 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
52
f -
of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration
for listing by the EPA .
8 . It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 ; Public Law 93 -234, 87 Stat. 975 , approved December 31 , 1976, Section 102(a) requires,
on and after March 2 , 1975 , the purchase of flood insurance in communities where such insurance is available as a
condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards . The phrase "Federal financial assistance " . includes any form of loan, grant,
guaranty , insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance .
9 . It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended ( 16 USC 470), Executive Order 11593 , and the Archeological and
Historical Preservation Act of 1966 ( 16 USC 569a4 et seq .) by (a) consulting with the State Historic Preservation
Officer on the conduct of Investigations , as necessary, to identify properties listed in or eligible for inclusion in
the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800. 8) by the activity ,
and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all
requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties .
10 . It will comply, and assure the compliance of all its sub grantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 , as amended, the Juvenile Justice
and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate ; the provisions of the current
edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100 . 1 ; and all other
applicable Federal laws, orders, circulars, or regulations .
11 . It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part
18, Administrative Review Procedure ; Part 20, Criminal Justice Information Systems ; Part 22, Confidentiality of
Identifiable Research and Statistical Information; Part 23 , Criminal Intelligence Systems Operating Policies ; Part
30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42,
Nondiscrimination/Equal Employment Opportunity Policies and Procedures ; Part 61 , Procedures for
Implementing the National Environmental Policy Act; Part 63 , Floodplain Management and Wetland Protection
Procedures ; and Federal laws or regulations applicable to Federal Assistance Programs .
12 . It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968 , as amended, 42 USC 3789(d), or Victims of Crime Act (as
appropriate); Title VI of the Civil Rights Act of 1964, as amended ; Section 504 of the Rehabilitation Act of 1973 ,
as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) ( 1990); Title IX of the Education
Amendments of 1972 ; the Age Discrimination Act of 1975 ; Department of Justice Non-Discrimination
Regulations , 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability
discrimination, 28 CFR Part 35 and Part 39.
13 . In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14 . It will provide an Equal Employment Opportunity Program if required to maintain one, where the application
is for $ 500,000 or more .
53
15 . It will comply with the provisions of the Coastal Barrier Resources Act (P . L . 97-348) dated October 19, 1982
( 16 USC 3501 et seq .) which prohibits the expenditure of most new Federal funds within the units of the Coastal
Barrier Resources System ,
16 . DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS ) As required by the Drug-Free
Workplace Act of 1988, and implemented at 28 CFR Part 67 , Subpart F, for grantees, as defined at 28 CFR Part
67 Sections 67 . 615 and 67 . 620
Attachment G -
Reimbursement Checklist
Please Note : FDEM reserves the right to update this check list throughout the life of the grant to ensure
compliance with applicable federal and state rules and regulations.
Equipment
❑ 1 . Have all invoices been included?
❑ 2 . Has an AEL # been identified for each purchase?
❑ 3 . If service/warranty expenses are listed, are they only for the performance period of the grant?
❑ 4 . Has proof of payment been included? (E. g. canceled check, Electronic Funds Transfer (EFT)
confirmation, or P=Card back up documentation which will include receipt with vendor, copy of
credit card statement showing expense charged, and payment to credit card company for that
statement)
❑ 5 . If EHP form needed — has copy of it and approval from State/DHS been included?
Planning
Consultants/Contractors Note : this applies to contractors also billed under Or ani ation
1 . Does the amount billed by consultant add up correctly?
❑ 2 . Has all appropriate documentation to denote hours worked beenproperly signed?
54
❑ 3 . Have copies of all planning materials and work product (e . g. meeting documents, copies of plans)
been included? (If a meeting was held . by recipient or contractor/consultant of recipient, an
agenda and signup sheet with meeting date must be included) .
❑ 4 . Has the invoice from consultant/contrator been included?
❑ 5 . Has proof of payment been included? (E. g. canceled check, Electronic Funds Transfer ( EFT)
confirmation, or P-Card back up documentation which will include receipt with vendor, copy of
credit card statement showing expense charged, and payment to credit card Company for that
statement).
❑ 6 . Has Attachment E (found within Agreement with FDEM) been completed for this consultant and
included in the reimbursement package?
Salary Positions (Note: this applies to positions billed under M&A and Orzankation as well)
❑ 1 . Have the following been provided : signed time sheet by employee and supervisor and proof that
employee was paid for time worked (statement of earnings, copy of payroll check or payroll
register)? Has a time period summary sheet been included for total claimed amount?
❑ 2 . Does the back-up documentation provided match the time period for which reimbursement is
being requested?
Training
❑ 1 . Is the course DHS approved? Is there a course or catalog number? If not, has FDEM approved
the non-DHS training? Is supporting documentation included your reimbursement request?
❑ 2 . Have sign-in sheets, rosters and agenda been provided?
❑ 3 . If billing for overtime and/or backfill, has a spreadsheet been provided that lists attendee names,
department, # of hours spent at training, hourly rate and total amount paid to each attendee?
Have print outs from entity ' s financial system been provided as proof attendees were paid? For
backfill, has a clear delineation/cross reference been provided showing who was backfilling who?
❑ 4 . Have the names on the sign-in sheets been cross-referenced with the names of the individuals for
whom training reimbursement costs are being sought?
❑ 5 . Has any expenditures occurred in support of the training (e. g. , printing costs, costs related
to
administering the training, planning, scheduling, facilities, materials and supplies, reproduction of
materials, and equipment)? If so, receipts and proof of payment must be submitted. (E. g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation
which will include receipt with vendor, copy of credit card statement showing expense charged,
and payment to credit card Company for that statement) .
Exercise
❑ 1 . Has documentation been provided on the purpose/objectives of the exercise? Such as ,
SITMAN/EXPLAN .
2 . If exercise has been conducted - has after-action report been included? Have sign-in sheets,
agenda, rosters been provided?
❑ 3 . If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names,
department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have print
outs from entity ' s financial system been provided to prove attendees were paid? For backfill, has
a clear delineation/cross reference been provided showing who was backfilling who?
55
4 . Have the names on the sign-in sheets been cross-referenced with the names of the individuals for
whom exercise reimbursement costs are being sought?
5 . Has any expenditures occurred on supplies (e . g. , copying paper, gloves, tape, etc) in support of
the exercise? If so, receipts and proof of payment must be submitted. (E. g. canceled check,
Electronic Funds Transfer (EFT) confirmation, or P- ;Card back up documentation to include
receipt with vendor, copy of credit card statement showing expense charged, and payment to
credit card Company for that statement) .
6 . Has any expenditures occurred on rental of space/locations for exercises planning and conduct,
exercise signs, badges, etc . ? If so, receipts and proof of payment must be submitted. (E . g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation
to include receipt with vendor, copy of credit card statement showing expense charged, and
payment to credit card Company for that statement) .
TravellConferenees
1 . Have all receipts been turned in such as : airplane receipts, proof of mileage, toll receipts , hotel
receipts, car rental receipts, registration fee receipts and parking receipts? Are these receipts
itemized? Do the dates of the receipts match the date(s) of travel/conference? Does the hotel
receipt have a zero balance? If applicable, have a travel authorization and travel reimbursement
form been included to account for per diem, mileage and other travel expenses which have been
reimbursed to the traveler by sub grantee?
2 . If travel is a conference has the conference agenda been included?
3 . Has proof of payment to traveler been included? (E. g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or copy of payroll check if reimbursed through payroll) .
Organization
0 1 . If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names,
department, # of hours spent at EOC, hourly rate and total paid to each attendee? Have print outs
from entity ' s financial system been provided to prove attendees were paid? For backfill, has a
clear delineation/cross reference been provided showing who was backfilling who?
Matchine' Funds
❑ 1 . Contributions are from Non Federal funding sources .
2 . Contributions are from cash or in-kind contributions which may include training investments .
3 . Contributions are not from salary, overtime. or other operational costs unrelated to training.
For All Reimbursements - The Final Check
1 . Have Forms 3 , 4a, 4b and 4c been completed and included with each request for reimbursement?
F 2 . Have the costs incurred been charged to the appropriate POETE category ?
H 3 . Does the total on Form 3 match the totals on Forms 4a, 4b and 40
4 . Has Form 3 been signed by the Grant Manager?
5 . Has the reimbursement package been entered into sub grantee ' s records/spreadsheet?
❑ 6 . Have the quantity and unit cost been notated on Form 4b?
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