HomeMy WebLinkAbout2016-003 �y
Contract Number: 16-CI-S9-10-40-02-XXX
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C F R. §200 92 states that a "subaward may be provided through any form of legal agreement,
including an agreement that the pass-through entity considers a contract."
As defined by 2 C F R. §200 74, "pass-through entity" means"a non-Federal entity that provides a
subaward to a Sub-Recipient to carry out part of a Federal program "
As defined by 2 C F R. §200 93, "Sub-Recipient" means "a non-Federal entity that receives a
subaward from a pass-through entity to carry out part of a Federal program "
As defined by 2 C F R. §200 38, "Federal award" means "Federal financial assistance that a non-
Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity"
As defined by 2 C F R. §200 92, "subaward" means"an award provided by a pass-through entity to a
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity"
The following information is provided pursuant to 2 C F R. §200 331(a)(1)
Sub-Recipient's name. Indian River County Emergency Management
Sub-Recipient's unique entity identifier(DUNS) 079208989
Federal Award Identification Number(FAIN) EMW-2015-EP-00033-S01
Federal Award Date 9/1/2015
Subaward Period of Performance Start and End Date 10/1/2015—Q/30/2016
Amount of Federal Funds Obligated by this Agreement: $3,392
Total Amount of Federal Funds Obligated to the Sub-Recipient: $3,392
Total Amount of the Federal Award $15,567,673
Federal award project description (see FFATA) EMW-2015-EP-00033-S01
Name of Federal awarding agency- Department of Homeland Security/FEMA
Name of pass-through entity' Florida Division of Emeraencv management
Contact information for the Pass-through entity- 2555 shumard oak Blvd.
Tallahassee,Florida 32399
CFDA Number and Name 97.042 EMPG
Whether the award is Research & Development: N/A
Indirect cost rate for the Federal award 32.78%
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THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Indian River
County Emergency Management, (hereinafter referred to as the"Sub-Recipient")
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein,
B The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
C The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient-agree to the following
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C F R. §200 302 provides "Each state must expend and account for the Federal
award in accordance with state laws and procedures for expending and accounting for the state's own
funds " Therefore, section 215 971, Florida Statutes, entitled "Agreements funded with federal or state
assistance", shall apply to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C F R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards"
b As required by Section 215 971(1), Florida Statutes, this Agreement includes
i A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform
ii A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement.
iv A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period
v A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division
c In addition to the foregoing, the Sub-Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment D
(3) CONTACT
a. In accordance with section 215 971(2), Florida Statutes, the following Division
employee shall serve as the grant manager for this agreement, shall be responsible for enforcing
performance of this Agreement's terms and conditions, and shall serve as the Division's liaison with the
Sub-Recipient:
Dieldra Clark
2555 Shumard Oak Blvd
Tallahassee, Florida 32399
Telephone 850-413-9821
Fax: 850-922-8689
Email dieldra.clark@em myflorida.com
b The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is
John King
4225 43rd Ave.
Vero Beach, FL 32967
Telephone 772-226-3859
Fax: 772-567-9323
Email:.'ki ngoi rcgov.com
c. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
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(7) SCOPE OF WORK.
The Sub-Recipient shall perform the work in accordance with the Attachment A, Budget
and Attachment B, Scope of Work, of this Agreement.
(8) PERIOD OF AGREEMENT
This Agreement shall begin on September 1, 2015 and shall end on August 30, 2016,
unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement.
Consistent with the definition of"period of performance" contained in 2 C F R. §200 77, the term "period
of agreement" refers to the time during which the Sub-Recipient"may incur new obligations to carry out
the work authorized under" this Agreement. In accordance with 2 C F R. §200 309, the Sub-Recipient
may receive reimbursement under this Agreement only for"allowable costs incurred during the period of
performance " In accordance with section 215 971(1)(d), Florida Statutes, the Sub-Recipient may expend
funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"
the period of agreement.
(9) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds
b The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution
c. The Sub-Recipient shall be reimbursed for allowable costs incurred in the successful
completion of each deliverable The maximum reimbursement amount for each deliverable is outlined in
Attachment A, Budget and Attachment B, Scope of Work, of this Agreement. The maximum
reimbursement amount for the entirety of this Agreement is $3,392.
d The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment B,
Scope of Work, that clearly delineates
i. The required minimum acceptable level of service to be performed, and,
ii The criteria for evaluating the successful completion of each deliverable
e The performance measure required by section 215 971(1)(b), Florida Statutes,
remains consistent with the requirement for a "performance goal", which is defined in 2 C F R. §200 76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared " It also remains consistent with the requirement, contained in 2 C F R.
§200 301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award "
f If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C F R. §200 430 ("Compensation—personal
services") and 2 C F R §200 431 ("Compensation—fringe benefits") If the Sub-Recipient seeks
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reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause(see 29 U S C
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C F R. §200 431(a) defines
fringe benefits as"allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages " Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an
established policy of the Sub-Recipient. 2 C F R. §200 431 (b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
i They are provided under established written leave policies,
ii The costs are equitably allocated to all related activities, including Federal
awards, and,
iii The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees
g If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C F R. §200 474 If the Sub-Recipient seeks
reimbursement for travel costs that exceed the amounts stated in section 1,12 061(6)(b), Florida Statutes
($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation
that:
i The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii Participation of the individual in the travel is necessary to the Federal award.
h The Division's grant manager, as required by section 215 971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
i. As defined by 2 C F R. §200 53, the term "improper payment" means or includes
i. Any payment that should not have been made or that was made in an
incorrect amount(including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements, and,
ii Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper
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(10)RECORDS
a. As required by 2 C F R §200 336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained
b As required by 2 C F R. §200 331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents
c. As required by 2 C F R §200 333, the Sub-Recipient shall retain sufficient records to
show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of three (3) years from the date of
submission of the final expenditure report. The following are the only exceptions to the three (3) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the three (3)
year period, then the records must be retained until all litigation, claims, or audit findings involving the
records have been resolved and final action taken.
ii When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period
iii Records for real property and equipment acquired with Federal funds must
be retained for three (3) years after final disposition
iv When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the three(3) year retention requirement is not applicable to the Sub-
Recipient
v Records for program income transactions after the period of performance In
some cases recipients must report program income after the period of performance Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned
vi Indirect cost rate proposals and cost allocations plans This paragraph
applies to the following types of documents and their supporting records indirect cost rate computations
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or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates)
d In accordance with 2 C F R §200 334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value
e In accordance with 2 C F R. §200 335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies When original
records are electronic and cannot be altered, there is no need to create and retain paper copies When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable
f As required by 2 C F R. §200 303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality
g Florida's Government in the Sunshine Law(Section 286 011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements (1) meetings of public boards or commissions must be open to the public, (2)
reasonable notice of such meetings must be given, and, (3) minutes of the meetings must be taken and
promptly recorded The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's
governing board or the meetings of any subcommittee making recommendations to the governing board
may be subject to open government requirements These meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance
with Chapter 119, Florida Statutes.
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h Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency(or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work -Attachment A and B -and all other applicable laws and
regulations
(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C F R.
Part 200, Subpart F
b In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP") As defined by 2 C F R
§200 49, GAAP "has the meaningspecified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB) "
c When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS") As defined by 2
C F R. §200 50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits"
d If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty(30) days after the Division has notified the Sub-Recipient of such non-
compliance
e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215 97(2)(g), Florida Statutes, as"an independent certified public accountant
licensed under chapter 473 " The independent auditor shall state that the audit complied with the
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applicable provisions noted above The audit must be received by the Division no later than nine months
from the end of the Sub-Recipient's fiscal year
f The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C F R Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address
DEMSingle Audit(cDem.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http.//harvester.census.qov/fac/collect/ddeindex.htmI
h The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address
DEMSingle Audit(cDem.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12)REPORTS
a. Consistent with 2 C F R §200 328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division
b Quarterly reports are due to the Division no later than thirty(30) days after the end of
each quarter of the program year and shall be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31, June 30,
September 30 and December 31
c. The close-out report is due sixty(60) days after termination of this Agreement or sixty
(60) days after completion of the activities contained in this Agreement, whichever first occurs All close-
out reports shall be due no later than August 31, 2018, regardless of the time extensions or other
exceptional circumstances
d If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
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completed or may take other action as stated in Paragraph (16) REMEDIES "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work
e The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f The Sub-Recipient shall provide additional reports and information identified in
Attachment B, Scope of Work
(13)MONITORING
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved A
review shall be done for each function or activity in Attachment A to this Agreement, and reported in the
quarterly report.
b In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks
(14)LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768 28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement; as authorized by section 768 28(19), Florida Statutes, Sub-Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not
an em'ployee or agent of the Division, but is an independent contractor
b As required by section 768 28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768 28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies Nothing herein shall be
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construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT
If any of the following events occur("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16), however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
a. If any warranty or representation made by the Sub-Recipient in this Agreement or
any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- -
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b If material adverse changes occur in the financial condition of the Sub-Recipient at
any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change
within thirty days from the date written notice is sent by the Division,
c If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information, or,
d If the Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16)REMEDIES
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively-
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(30)
days prior written notice of the termination The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3) herein,
b Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c Withhold or suspend payment of all or any part of a request for payment;
d Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds
e Exercise any corrective or remedial actions, to include but not be limited to
i request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
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ii issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
iii. advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible,
f Exercise any other rights or remedies which may be available under law
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
(17)TERMINATION
a. The Division may terminate this Agreement for cause after thirty days written notice
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice
c The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d In the event that this Agreement is terminated, the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination The Sub-Recipient will cancel as many outstanding obligations as possible
Costs incurred after receipt of the termination notice will be disallowed The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined
(18)SUBCONTRACTS
If the Sub-Recipient subcontracts any of the work required under this Agreement, a copy
of the unsigned subcontract must be forwarded to the Division for review and approval before it is
executed by the Sub-Recipient. The Sub-Recipient agrees to include in the subcontract that(i)the
subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable
state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-
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Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of
work under this Agreement, to the extent allowed and required by law The Sub-Recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this
Agreement. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as
to whether that subcontractor is a minority business enterprise, as defined in Section 288 703, Florida
Statutes
(19)ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully
b In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency
c This Agreement has the following attachments
i. Exhibit 1 - Funding Sources
ii Attachment A—Budget
iii. Attachment B - Scope of Work
iv Attachment C— Deliverables and Performance
v Attachment D— Program Statutes and Regulations
vi Attachment E—Justification of Advance Payment
vii Attachment F—Warranties and Representations
viii. Attachment G —Certification Regarding Debarment
ix. Attachment H— Statement of Assurances
X. Attachment I — Reimbursement Checklist
xi Attachment J— Monitoring Guidelines
xii. Attachment K—Environmental Planning & Historic Preservation Guidelines
xiii. Attachment L—Mandatory Contract Provisions
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C F R. §200 305 and, as
applicable, section 216 181(16), Florida Statues All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment.
b After the initial advance, if any, payment shall be made on a reimbursement basis as
needed The Sub-Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A and B of this Agreement.
13
c. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the projector services Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Sub-Recipient certifying that"all disbursements
made in accordance with conditions of the Division agreement and payment is due and has not been
previously requested for these amounts " The supporting documentation must comply with the
documentation requirements contained in 2 C F R. Part 200 The final invoice shall be submitted within
forty-five(45) days after the expiration date of the agreement or forty-five (45) days after completion of
the activities contained in this Agreement, whichever occurs first. An explanation of any circumstances
prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part
of the Sub-Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. All invoices
shall be due no later than August 16, 2018, regardless of time extensions or other exceptional
circumstances
d If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management", and mailed directly to the following
address.
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b In accordance with Section 215 34(2), Florid Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15 00 or 5%
of the face amount of the returned check or draft, whichever is greater
(22)MANDATED CONDITIONS
a The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient.
14
b This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336, 42 U S C Section 12101 et seg.), which prohibits discrimination by public and private
entities on the basis of disability-in employment, public accommodations, transportation, State and local
government services, and telecommunications
e Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of$25,000 00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f Any Sub-Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph
19(8)2 of this certification, and,
iv Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
g If the Sub-Recipient is unable to certify to any of the statements in this certification,
then the Sub-Recipient shall attach an explanation to this Agreement.
15
I
h In addition, the Sub-Recipient shall send to the Division (by email or by
facsimile transmission)the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub-
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this
Agreement.
j If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U S C Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act
("INA")j The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division
I All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U S C 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C F R. §200 450 prohibits reimbursement for costs associated with certain lobbying
activities
b 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
c The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief-
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
16
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities"
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose
iv This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U S Code Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure
(24)COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT
TO THE STATE OF FLORIDA.
a If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise
b If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub-Recipient shall notify the Division Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida
c Within thirty(30) days of execution of this Agreement, the Sub-Recipient shall
disclose all intellectual properties relating to the performance of this Agreement which he or she knows or
should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is disclosed Failure to disclose will indicate
17
that no such property exists The Division shall then, under Paragraph (b), have the right to all patents
and copyrights which accrue during performance of the Agreement.
(25)LEGAL AUTHORIZATION
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
(26)ASSURANCES.
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment H
18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB-RECIPIENT: �,,...••....,,
.0020,kSSIO NERs.• >. APPROVED
��� .••moo.
Name and Title = `�
Date. January 12, 2016
FID# 59-6000674 't• �OJ�.�° • �
Include a copy of the designation of authority for the sigrat , icable" "`C 'ii ty Ad inistratar
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Attest: Jeffrey R. Smith, Clerk t--)f
By Court and mptroller
Name and Title. By:
De tv CI rk
Date
APPROVED AS TO FORT
A C;AL S F 1 CY
ay
tX�uTYCOUKrrArroRNZY
19
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT
Federal Program
Federal agency- U S Department of Homeland Security, Federal Emergency Management
Catalog of Federal Domestic Assistance Title and number Emergency Management Performance
Grant 97.042
Award amount: $3,392
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER
THIS AGREEMENT
Chapter 215, 252 and 473 Florida Statutes
Rule Chapters 27P=6, 27P-11 and 27P-19 Florida Administrative Code
2 CFR Part 200
Federal Program
List applicable compliance requirements as follows:
1 First applicable compliance requirement(e g., what activities/services/purposes the federal resources must
be used for)-
Sub-recipient is to use funding to perform eligible activities as identified FY2015 Emergency
Management Performance Grant Program Notice of Funding Opportunity(NOFO)
2. Second applicable compliance requirement(e g, eligibility requirements for Sub-Recipients of the
resources.
Sub-recipient is subject to all administrative and financial requirements as set forth in this
Agreement or will not be in compliant with the terms of the Agreement.
NOTE:2 C F R. Part 200, and Section 215 97(5)(a), Florida Statutes, require that the information about Federal
Programs and State Projects included in Exhibit 1 be provided to the Sub-recipient.
20
ATTACHMENT A
PROPOSED PROGRAM BUDGET and SCOPE OF WORK
➢ Below is a general budget which,outlines eligible categories and their allocation
under this award The Sub-recipient is to utilize the "Proposed Program Budget"
as a guide for completing the "Budget Detail Worksheet" below
➢ Funding from the Emergency Management Performance Grant is intended for
use by the Sub-recipient to perform eligible activities as identified in the
Department of Homeland Security, Federal Emergency Management Agency,
Fiscal Year 2015 Emergency Management Performance Grants Program and
programs that are consistent with 2 C F R Part 200, State Rule Chapter 27P-6,
Florida Administrative Code and Chapter 252, Florida Statutes)
➢ The Equipment category will require Authorized Equipment List (AEL) reference
number The Authorized Equipment List (AEL) is a list of approved equipment
types allowed under FEMA's preparedness grant programs The intended
audience of this tool is emergency managers, first responders, and other
homeland security professionals The list consists of 21 equipment categories
divided into sub-categories, tertiary categories, and then individual equipment
items The AEL can be found at http://beta.fema.gov/authorized-equipment-list.
i At the discretion of the Sub-recipient, funds allocated to Management and
Administration costs (as described in the "Proposed Program Budget") may be
put towards Programmatic costs instead However, no more than 3% of each
Sub-recipient's.total award may be expended on Management and
Administration costs
Grant Sub=recipient Category Amount
Agency g rY Allocated
Planning $
FY 2015 — Emergency Indian River County
Management Emergency Management Training $1,300.00
Performance Grant
Program — CERT Exercise $
EO Number- S9 Equipment $2,092.00
Management and Administration
(M&A) (the dollar amount cannot $
exceed 5% of the total award
amount)
Total Award $3,392
21
Allowable Planning Costs Quantity Unit Cost Total Cost
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)
Identifying resources for medical supplies necessary to support children
during an emergency, including pharmaceuticals and pediatric-sized
equipment on which first responders and medical providers are trained
Developing and implementing a community preparedness strategy for
the State/local jurisdiction
Travel/per diem related to planning activities
Overtime and backfill costs(in accordance with operational Cost
Guidance
Establishing,expanding,and maintaining volunteer programs and
volunteer recruitment efforts that support disaster preparedness and/or
response
Issuance of WHTI-compliant tribal identification cards(SHSP only)
Activities to achieve planning inclusive of people with disabilities
Total Planning Costs
Allowable Training Costs Quantity Unit Cost Total Cost
Developing,Delivering,and Evaluating Training
Overtime and backfill for emergency preparedness and response
personnel attending FEMA-sponsored and approved training classes.
Overtime and backfill expenses for part-time and volunteer emergency
response personnel participating in FEMA training.
Training Workshops and Conferences
Activities to achieve training inclusive of people with disabilities
Full or Part-Time Staff or Contractors/Consultants 2 650.00 1,300.00
Certification/Recertification of Instructors
Travel
Supplies
Tuition for higher education
Other items
Total Training Costs 1,300.00
Design7Develop, duct 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.
22
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
Travel-Travel costs(i.e.,airfare,mileage, per diem,hotel,etc.)are
allowable as expenses by employees who are on travel status for
official business related to the planning and conduct of the exercise
project(s).These costs must be in accordance with state law as
highlighted in the OJP Financial Guide States must also follow state
regulations regarding travel. If a state or territory does not have a travel
policy they must follow federal guidelines and rates,as explained in the
OJP Financial Guide For further information on federal law pertaining to
travel costs please refer to htt :/twww.o' .usdo'. ov/FinGuide.
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)
Other Items-These costs include the rental of space/locations for
exercise planning and conduct,exercise signs,badges,etc.
Total Exercise Costs 0.00
Eligible Equipment Acquisition Costs
The table below highlights the allowable equipment categories for this
award. A comprehensive listing of these allowable equipment
categories,and specific equipment eligible under each category, are quantity Unit Cost Total Cost
listed on the web-based version of the Authorized Equipment List(AEL)
on the Lessons Learned Information System at httq://llis.gov/ Here is
where you will find the appropriate AEL number for the equipment you
plan to purchase.
Personal protective equipment
e. ., 1 12.2.1,Covers,Outer Footwear
030E-0-WLEquipment CERT equipment/tools
50 5 75 287 50
(supplemental Items for CERT Kits) Crescent Wrench
•�
21GN-00-CCEQ Equipment CERT equipment/tools
(supplemental Items for CERT Kits)Whistle, Pea with 50 .47 23.50
Lanyard
03SR-03-TPBM Equipment CERT equipment/tools
(supplemental Items for CERT Kits) Duct Tape 50 80 40.00./
OIZA-03-EYEP Equipment CERT equipment/tools
(supplemental Items for CERT Kits) Safety Goggles 50 1 95 97.50
OIEM-OI-MASK Equipment CERT equipment/tools 4 800 32.00
(supplemental Items for CERT Kits) Dust Mask
OIZA-06-HHAT Equipment 100 Chin Strap Hard Hat 50 1.65 82.50 r
OIZA-06-VEST Equipment
PPE High VisibilityShirts assorted sizes l 1,449.00 1,449.00 d
21GN-00-SHIP Shipping 1 8000 80.00
Equipment Storage
23
AED Battery
Medical Supplies
PROPAC PPE BAGS
Interoperable communications equipment
Detection Equipment
Decontamination Equipment (HSGP only)
Medical supplies
Power equipment
CBRNE reference materials
CBRNE incident response vehicles
Terrorism incident prevention equipment
Physical security enhancement equipment
Inspection and Screening systems
Agriculture Terrorism Prevention,Response,and Mitigation Equipment (HSGP only)
CBRNE Prevention and Response watercraft
CBRNE Aviation Equipment
CBRNE logistical support equipment
Intervention equipment
Public Alert and Warning Equipment
Disability Access and Functional Needs
TOTAL ALL EXPENDITURES $2,092.00
Cost Sharing Allocation
Source Amount
IRC Staff/Volunteer Time . 1,696.00
IRC Facility Usage 1,696.00
24
ATTACHMENT B
SCOPE OF WORK
Sub-recipients must comply with all the requirements in 2 C F R. Part 200 (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards)
Funding is provided to perform eligible activities as identified in the Emergency Management
Performance Grants (EMPG) Program Funding Opportunity Announcement(FOA) The intent of this
Agreement is to complete the following allowable activities
I. Project Description
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 2015 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 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 FY 2015 EMPG
allowable costs are divided into the following categories
• Planning
• Training
• Exercise
• Equipment
Each category's allowable costs have been listed below Eligible activities should support the
above approved projects
A. Planning
Planning spans all five National Preparedness Goal (the Goal) 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
26
engage the whole community in the development of a strategic, operational, and/or community-
based approach to preparedness
To meet this important objective, EMPG funds may be used to support the following
• Establishing a Citizen Corps Council that brings together representatives of the whole
community to provide input on emergency operations plans, risk assessments, mitigation
plans, alert and warning systems, and other plans, assist in outreach and education of
community members in preparedness activities, build volunteer capability to support
disaster response and recovery
• Engaging the whole community in public educational and awareness activities
• Developing/enhancing emergency management and operations plans to integrate
citizen/volunteer and other non-governmental organization resources and participation
• Community-based planning to advance"whole community" security and emergency
management.
• Planning to foster public-private sector partnerships, including innovation for disasters
initiatives that support the mission areas identified in the Goal
• Executing an America's PrepareAthon! Activity to engage the whole community in a
hazard—specific activity on the National Day of Action
• Delivering the CERT Basic Training Course and supplemental for CERT members who
have completed the basic training, the CERT Train-the-Trainer Course, and the CERT
Program Manager course (strongly encouraged)
• Developing or enhancing mutual aid agreements/compacts, including required
membership in EMAC
• 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
• 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
• 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 (YIPS), Medical Reserve Corps (MRC),
and Fire Corps, for the Citizen Corps Affiliate Programs and Organizations, and for
jurisdiction specific volunteer efforts
• Allowable expenditures include
27
• Recruiting, screening, and training volunteers (e g background checks)
• Retaining, recognizing, and motivating volunteers
• 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
• 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)
• Evaluating volunteers
B. Training
Training funded through the CCP includes but is not limited to all-hazards safety, such as
emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism
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
28
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
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 hftp.//www.fema.gov/pdf/emergency/nims/nims training program.pdf/
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 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 FEMA, whichever is applicable
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 of evaluation of student learning This is particularly important for
those courses that involve training of trainers
FDEM State Training Office conditions For the purposes of this Agreement, any training
course listed on the DHS approved course catalog qualifies as an authorized course The Sub-
recipient can successfully complete an authorized course either by attending or conducting that
course
• In order to receive payment for successfully attending an authorized training
course, the Sub-recipient must provide the Division with a certificate of course
completion, additionally, the Sub-recipient must provide the Division with all
receipts that document the costs incurred by the Sub-recipient in order to attend
the course
29
• In order the receive payment for successfully conducting an authorized course,
the Sub-recipient must provide the Division with the course materials and a roster
sign-in sheet; additionally, the Sub-recipient must provide the Division with all
receipts that document the costs incurred by the Sub-recipient in order to
conduct the course"
• For courses that are non-DHS approved training, sub-recipient must request
approval to conduct training through the use of the Non-TED Form and provide a
copy, along with email, showing approval granted for conduct.
• For the conduct of training workshops, sub-recipient must provide a copy of the
course materials and sign-in sheets
• The number of participants must be a minimum of 15 in order to justify the cost of
holding a course For questions regarding adequate number of participants
please contact the FDEM State Training Officer for course specific guidance
Unless the sub-recipient receives advance written approval from the State
Training Officer for the number of participants, then the Division will reduce the
amount authorized for reimbursement on a pro-rata basis for any training with
less than 15 participants
• The Sub-recipient must include with the reimbursement package a separate copy
of the page(s)from the State (and County or Regional) MYTEP reflecting the
training
C. Procurement
All procurement transactions will be conducted in a manner providing full and open
competition and shall comply with the standards articulated in
• 44 Code of Federal Regulation, Section 13 36,
• Chapter 287, Florida Statues, and,
• any local procurement policy
The Division shall pre-approve all scopes of work for projects funded under this agreement.
Additionally, the sub-sub-recipient shall not execute a piggy-back contract unless the Division
has approved the scope of work contained in the original contract that forms the basis for the
piggy-back contract. Also; in order to receive reimbursement from the Division, the sub-sub-
recipient must provide the Division with a suspension and debarment form for each vendor
that performed work under the agreement. Furthermore, if requested by the Division, the sub-
sub-recipient shall provide copies of solicitation documents including responses and
justification of vendor selection
D. Piggy-backing
The practice of procurement by one agency using the agreement of another agency is called
piggybacking The ability to piggyback onto an existing contract is not unlimited The
existing contract must contain language or other legal authority authorizing third parties to
make purchases from the contract with the vendor's consent. The terms and conditions of
the new contract, including the scope of work, must be substantially the same as those of the
existing contract. The piggyback contract may not exceed the existing contract in scope or
volume of goods or services An agency may not use the preexisting contract merely as a
"basis to begin negotiations" for a broader or materially different contract.
30
E. 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 2015 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 direct 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 FEMA,
whichever is applicable The services of contractors/consultants may also be
procured to support the design, development, conduct and evaluation of
exercises
• Travel—Travel costs are allowable as expenses by employees who are on travel
status for official businessrelated to the planning and conduct of exercise
activities
• Supplies—Supplies are items that are expended or consumed during the course
of the planning and conduct of the exercise activities (e g , gloves, tape, non-
sterile masks, and disposable protective equipment)
• 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 are limited to items consumed in direct support of
exercise activities such as rental of space/locations for planning and conducting
an exercise, rental of equipment, and the procurement of other essential
nondurable goods Sub-recipients are encouraged to use free public
space/locations, whenever available, prior to the rental of space/locations
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.
31
Exercise Requirements
Exercises conducted with grant funds should evaluate performance of capability targets,
established through the development of a jurisdiction's THIRA for the core capabilities
needed to address their greatest risk Exercise priorities should align to a current, Multi-Year
TEP developed through an annual TEPW
All exercises using grant funds must be NIMS compliant. More information is available online
at the NIMS Integration Center, http.//www fema gov/emergency/nims/index 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
• 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.//www.Ilis.dhs.gov/hseep
• 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 EMPG
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
FDEM State Training Office conditions for Exercises For the purposes of this Agreement, any
exercise which is compliant with HSEEP standards and contained in the State of Florida (and
County or Regional) MYTEP qualifies as an authorized exercise The Sub-recipient can
successfully complete an authorized exercise either by attending or conducting that exercise
• In order to receive payment for successfully attending an authorized exercise, the Sub-
recipient must provide the Division with a certificate of completion or similar
correspondence signed by the individual in charge of the exercise, additionally, the Sub-
recipient must provide the Division with all receipts that document the costs incurred by
the Sub-recipient in order to attend the exercise
• In order the receive payment for successfully conducting an authorized exercise, the
Sub-recipient must provide the Division with an EXPLAN, AAR/IP, IPC/MPC/FPC
Meeting Minutes and Sign-in Sheet for exercise attendees, additionally, the Sub-
recipient must provide the Division with all receipts that document the costs incurred by
the Sub-recipient in order to conduct the exercise
32
The Sub-recipient must include with the reimbursement package a separate copy of the page(s)
from the Exercise Plan which identifies the participant agencies and a printed page(s) from the
State (and County or Regional) MYTEP reflecting the exercise
• If you require food/water for this event, request must come to the Division within 25 days
of event in the following format:
Exercise Title
Location
Exercise Date
Exercise Schedule
Estimated Number of Participants that will be fed
Estimated Cost for food/water
Description of the Exercise
• The scenarios used in grant funded exercises must be based on the State/Urban Area's THIRA.
The scenarios used in grant funded exercises must focus on testing capabilities, must be large
enough in scope and size to exercise multiple activities and warrant involvement from multiple
disciplines and/or jurisdictions and non-governmental organizations, and take into account the
needs and requirements for individuals with disabilities Exercise scenarios should align with
priorities and capabilities identified in the Multi-year Training and Exercise Plan
Federally funded projects must be competitively solicited offering open competition No
piggy-backing off existing agreements is allowed Each award under this grant is a 'new'
project and must be competitively bid FDEM will require suspension and debarment forms
for each vendor, copies of solicitation documents and responses, and justification of vendor
selection at its discretion FDEM must pre-approve all scopes of work for projects funded
under this agreement.
F. Equipment
States and Urban Areas are encouraged to fully leverage all EMPG resources for equipment
to support volunteer personnel in preparedness and response All allowable equipment costs
are listed on the web-based.version of the Authorized Equipment List is available at
http://www.fema.aov/preparedness-non-disaster-g rants or
http://www.fema.gov/qrants
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
1. Program Requirements
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 that shall include
• Hard hat
• Protective Eyewear
• Dust Mask
• ID Tag
• HEPA Mask
• Tape
• Light Stick
• Latex, or Nitrate Gloves
• Marking Caulk, or Crayon
• Signal Whistle
• Flashlight(simple)
• Bag/Backpack
• Reflective Vest
• Cardboard, or simple splint
• Work Gloves
• Disaster medical care items for at least 3 victims such as gauze, triangles, etc.
B. Participant manuals.
C. Standard.Operating Procedures (SOPs)/Standard Operating Guidelines (SOGs).
D. Certificates.
E. 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.
The following are required items for the CERT Basic Training Course to be taught under this sub-
grant.
1 Use of the full FEMA/EMI/FDEM CERT Basic Training Course G317,
(Including the terrorism module and showing the Sheltering-In-Place Video
(DVD),
2. Use of a G428 CERT Train-the-Trainer(TTT)qualified individual (FEMA/FDEM
graduate of the CERT TTT, or Trainer Course) as Program Manager, course
manager, or lead instructor;
3 Use of a G427 qualified individual (FEMA/FDEM graduate of the CERT TTT, or
Trainer Course) as Program Manager; and
4 Use of an adequate training facility
It is the responsibility of the applicant to arrange and compensate course managers for CERT
trainings and course manuals
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
34
Required Quarterly Reports will be due as indicated in the signed agreement, or separate
schedule The Quarterly Report should include more extended training data, explanation on the
expenditure of funds during the quarter and any CERT activities that took place
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.
F. Cost share guidance-types of match
• 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 (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 A-87) and 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
G. Construction and Renovation
Construction and renovation projects for a State, local, territorial, or tribal-government's principal
Emergency Operations Center(EOC) as defined by the SAA are allowable under the EMPG
Program
When applying for funds to construct communication towers, grantees and sub-grantees must submit
evidence that the Federal Communication Commission's (FCC) Section 106 review process has been
completed and submit all documentation resulting from that review to GPD prior to submitting
materials for EHP review Sub-recipients and sub-sub-recipients are also encouraged to have
completed as many steps as possible for a successful EHP review in support of their proposal for
funding (e.g , coordination with their State Historic Preservation Office to identify potential historic
preservation issues and to discuss the potential for project effects, compliance with all State and EHP
laws and requirements) Projects for which the sub-recipient believes an Environmental Assessment
(EA) may be needed, as defined in 44 C F R. §§ 10 8, must also be identified to the FEMA Regional
Program Manager within six months of the award and completed EHP review materials must be
submitted no later than 12 months before the end of the period of performance EHP review packets
should be sent to Grant Program Manager
EMPG Program grantees using funds for construction projects must comply with the Davis-Bacon Act
- (40 U S C 3141 et seq) Grant sub-recipients must ensure that their contractors or subcontractors for
construction projects pay workers employed directly at.the work-site no less than the prevailing
wages and fringe benefits paid on projects of a similar character Additional information, including
Department of Labor(DOL)wage determinations, is available from the following website
htt,o.//www.dol.gov/com,oliance/laws/comp-dbra.htm
H. Maintenance and Sustainment
35
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair, or
replacement costs, upgrades, and user fees are allowable under all active and future grant awards,
unless otherwise noted
EMPG Program grant funds are intended to support the Goal and fund activities and projects that
build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of,
respond to, and recover from those threats that pose the greatest risk to the security of the Nation In
order to provide grantees the ability to meet this objective, the policy set forth in GPD's IB 379
(Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant
Funding)allows for the expansion of eligible maintenance and sustainment costs which must be in 1)
direct support of existing capabilities, (2) must be an otherwise allowable expenditure under the
applicable grant program, (3) be tied to one of the core capabilities in the five mission areas
contained within the National preparedness Goal, and (4) shareable through the Emergency
Management Assistance Compact. Additionally, eligible costs must also be in support of equipment,
training, and critical resources that have previously been purchased with either Federal grant or any
other source of funding other than DHS/FEMA preparedness grant program dollars Additional
guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty
Coverage Funded by Preparedness Grants, located at: httO.//www.fema.gov/media-
library/assets/documents/32474
I. Unallowable Costs
Unallowable costs include, but shall not be limited to
• Expenditures for weapons systems and ammunition,
• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional
public safety duties or to supplant traditional public safety positions and responsibilities, or
• Activities unrelated to the completion and implementation of the EMPG Program
In general, sub-recipients should consult with their Grant Manager; who will coordinate with the FEMA
Regional Program Analyst prior to making any Investment that does not clearly meet the allowable
expense criteria established in this Guidance
J. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within thirty(30) days after the end of the
reporting periods (March 31, June 30, September 30 and December 31) for the life of this
contract.
• If a report(s) is delinquent, future financial reimbursements will be withheld until
the Sub-recipient's reporting is current.
• If a report goes two (2) consecutive quarters without Sub-recipient reflecting any
activity and/or no expenditures will likely result in termination of the agreement.
Programmatic Reporting Schedule
Reporting Period Report due to FDEM no later than
January 1 through March 31 Aril 30
April 1 through June 30 July 30
July 1 through September 30 October 30
36
i
October 1 through December 31 January 30
2. Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and
approval at any time during the contract period Reimbursements must be
requested within ninety(90)calendar days of expenditure of funds, and quarterly
at a minimum Failure to submit request for reimbursement within ninety (90)
calendar days of expenditure shall result in denial of reimbursement. This is
separate from the final claim which is due no later than forty-five (45) days after
termination of the agreement or completion of project activity The Sub-recipient
should include the category's corresponding line item (or issue) number in the
"Detail of Claims"form This number can be found in the"Proposed Program
Budget" A line item number is to be included for every dollar amount listed in
the"Detail of Claims"form For equipment items, the AEL must be listed on the
"Detail of Claims"form
3. Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management
-- no later than sixty (60) calendar days after the agreement is either completed or
the agreement has expired
K. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Dieldra Clark Owen Roach
FDEM FDEM
2555 Shumard Oak Blvd 2555 Shumard Oak Blvd
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(850)413-9821 (850) 410-1599
dieldra.clark@em.myflorida com owen roach em myflorida.com
L. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work
• The FDEM shall administer the financial processes
37
ATTACHMENT C
DELIVERABLES AND PERFORMANCE
Citizen Corp/CERT funding is intended only to be used for specific preparedness or volunteer training or
by trained volunteers in carrying out response functions Program educates people about disaster
preparedness for hazards that may impact their area and trains them in basic disaster response skills,
such as fire safety, light search and rescue, team organization, and disaster medical operations Using
the training learned in the classroom and during exercises, CERT members can assist others in their
neighborhood or workplace following an event when professional responders are not immediately
available to help CERT members also are encouraged to support emergency response agencies by
taking a more active role in emergency preparedness projects in their community Activities funded under
these projects must meet the allow ability requirements of Emergency Performance Grant Program
(EMPG)
Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse
the Sub-recipient for the actual cost of successfully completing Planning activities consistent with the
guidelines contained in the Comprehensive Planning Guide CPG 101 v 2. For additional information,
please see http.//www.fema.gov/pdf/about/divisions/npd/CPG 101 V2.pdf or grant guidance (Notice of
Funding Opportunity)
Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse
the Sub-recipient for the actual cost of successfully completing a training course listed on the Department
of Homeland Security (DHS) approved course catalog For non-DHS approved courses the sub-recipient
shall obtain advance FDEM approval using the Non-TED form by contacting their grant manager The
DHS course catalog is available online at: http.//firsdtrespondertraining.gov For the purposes of this
Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized
course The Sub-recipient can successfully complete an authorized course either by attending or
conducting that course
Exercise Deliverable: Subject to the funding limitations of this Agreement, the Division shall
reimburse the Sub-recipient for the actual cost of successfully completing an exercise which meets the
Department of Homeland Security Homeland Security Exercise and Evaluation Program (HSEEP)
standards and is listed in A) the State of Florida Multi-Year Training & Exercise Plan (MYTEP), and B)
County or Regional TEP for the region in which the sub-sub-recipient is geographically located
Information related to TEPs and HSEEP compliance can be found online at:
https://www.IIis.dhs.gov/hseep For the purposes of this Agreement, any exercise which is compliant with
HSEEP standards and contained in the State of Florida MYTEP qualifies as an authorized exercise The
Sub-recipient can successfully complete an authorized exercise either by attending or conducting that
exercise
Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall
reimburse the Sub-recipient for the actual cost of purchasing an item identified in the approved project
funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL)
For the purposes of this Agreement, any item listed on the AEL qualifies as an authorized item The 21
allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment
standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on the
Lessons Learned Information System at http.//www.fema.gov/preparedness-non-disaster-grants. In
addition, agencies will be responsible for obtaining and maintaining all necessary certifications and
licenses for the requested equipment.
Minimum performance: Costs for allowable items will be reimbursed if incurred and
completed within the period of performance, in accordance with the Scope of Work,
Attachment B of this agreement.
38
ATTACHMENT D
PROGRAM STATUTES AND REGULATIONS
1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq
2) Americans with Disabilities Act of 1990 42 U S C. § 12101-12213
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) Chapter 252, Florida Statutes
6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq
7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq
8) Copyright notice 17 U S.C. §§ 401 or 402
9) Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200
10)Debarment and Suspension Executive Orders 12549 and 12689
11)Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq
12)Duplication of Benefits 2 C.F R. Part 200, Subpart E
13)Energy Policy and Conservation Act 42 U.S C. § 6201
14)False Claims Act and Program Fraud Civil Remedies 31 U.S C § 3729 also 38
US C. § 3801-3812
15)Fly America Act of 1974 49 U.S.C. § 41102 also 49 U S.0 § 40118
16)Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a
17)Lobbying Prohibitions 31 U S C § 1352
18)Patents and Intellectual Property Rights 35 U.S C. § 200 et seq.
19)Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20)Terrorist Financing Executive Order 13224
21)Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
20 U.S C. § 1681 et seq
22)Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
23)Rehabilitation Act of 1973 Section 504, 29 U S.0 § 794
24)USA Patriot Act of 2001 18 U S C § 175-172c
25)Whistleblower Protection Act 10 U S C. § 2409, 41 US.C. 4712, and 10 U S C §
2324, 41 U.S.C. § § 4304 and 4310
26)53 Federal Register 8034
27)Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
39
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to-clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months(90
(list applicable line items) days)of Funding Agreement
For example
ADMINISTRATIVE COSTS
(include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the
cash advance. The justification must include supporting documentation that clearly shows the advance will
be expended within the first ninety(90)days of the Funding Agreement term. Supporting documentation
should include quotes for purchases,delivery timelines,salary and expense projections, etc.to provide the
Division reasonable and necessary support that the advance will be expended within the first ninety(90)
days of the Funding Agreement term. Any advance funds not expended within the first ninety(90)days of
the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard,Tallahassee,
Florida 32399,within thirty(30)days of receipt, along with any interest earned on the advance)
40
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Financial Management
The Sub-Recipient's financial management system must comply with 2 C F R. §200 302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C F R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2
C F R. §§200 317 through 200 326)
Codes of conduct.
The Sub-recipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts No employee, officer, or agent shall
participate in the selection, award, or administration of a contract supported by public grant funds if a real
or apparent conflict of interest would be involved Such a conflict would arise when the employee, officer,
or agent, any member of his or her immediate family, his or her partner, or an organization which employs
or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for
an award The officers, employees, and agents of the Sub-recipient shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to subcontracts The
standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by
officers, employees, or agents of the Sub-recipient.
Business Hours
The Sub-recipient shall have its offices open for business, with the entrance door open to the public, and
at least one employee on site, from 8:30 AM to 5:00 PM Monday thru Friday except holidays.
Licensing and Permitting
All subcontractors or employees hired by the Sub-recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Sub-recipient.
41
ATTACHMENT G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient, certifies,
by submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency
(2) Where the Sub-recipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form
SUBCONTRACTOR.
By-
Signature Sub-Recipient's Name
Name and Title FDEM Contract Number
Street Address Project Number
City, State, Zip
Date
42
ATTACHMENT H
STATEMENT OF ASSURANCES
All sub-recipients must acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff
1 Sub-recipient will acknowledge their use of federal funding when issuing statements, press releases,
and requests for proposals, bid invitations, and other documents describing projects or programs funded
in whole or in part with Federal funds
2. Sub-recipient mute ensure that project activities carried outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits or approvals
are obtained
3 Sub-recipient will comply with the minimum wage and maximum hour's provisions of the Federal Fair
Labor Standards Act.
4 Sub-recipient will establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties
5 Sub-recipient will give the State Administrative Agency, DHS or through any authorized representative,
access to and the right to examine and copy records, accounts, and books, papers, or documents related
to the grant.
6 Sub-recipient who receives awards made under programs that provide emergency communications
equipment and its related activities must comply with SAFECOM Guidance for Emergency
Communications Grants, including.provisions on technical standards that ensure and enhance
interoperable communications
7 Sub-recipient will ensure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used
in the project is under consideration for listing by the EPA.
8 Sub-recipient must cooperate with any compliance review or compliant investigation conducted by
DHS
9 Sub-recipient must submit timely, complete, and accurate reports to the FDEM and maintain
appropriate backup documentation to support reports Sub-recipients should also comply with all other
special reporting, data collection and evaluation requirements, as prescribes by law or detailed in
program guidance
10 If, during the past three years, the sub-recipient has been accused of discrimination on the grounds of
race, color, national origin (including limited-English proficiency), sex, age, disability, religion, or familial —
status, the sub-recipient must provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to FDEM for forwarding to the DHS awarding office and
the DHS Component.
11 In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a sub-recipient of funds, the sub-recipient will forward a copy of the finding to the Office
for Civil Rights, Office of Justice Programs
43
ATTACHMENT I
REIMBURSEMENT CHECKLIST
Use this checklist as a tool for completing reimbursement packages
PLANNING
❑ 1 Does the amount billed by consultant add up correctly?
❑ 2 Has all appropriate documentation to denote hours worked been properly
signed?
❑ 3 Have copies of all planning materials and work product (e.g meeting documents,
copies of plans) been included? (Note - If a meeting was held by sub-recipient or
contractor/consultant of sub-recipient, an agenda and signup sheet with meeting
date must be included)
❑ 4 Has the invoice from consultant/contractor been included? (Note – grant
agreement must be referenced on the invoice )
❑ 5 Has proof of payment been included?
Canceled check
Electronic Funds Transfer(EFT) Confirmation
Credit Card Statement & payment to credit card company for that
statement
❑ 6 Has Attachment G (found within Agreement with FDEM) been completed for this
contractor/consultant and included in the reimbursement package?
❑ 7 Has proof of purchase methodology been included (Form 5 Procurement)?
Sole Source (approved by FDEM for purchases exceeding $25,000) --
State Contract (page showing contract#, price list)
Competitive bid results (e g Quotewire, bid tabulation page)
Consultants/Contractors (Note: this applies to contractors also billed under
Organization)
TRAINING
—i Is this an approved course?
❑ 2 Is there a course or catalog number? If not, has FDEM approved training?
❑ 3 Have Sign-In Sheets, Rosters and Agenda been provided?
44
❑ 4 If billing for overtime and/or backfill, has documentation been provided that lists
attendee names, department, # of hours spent at training, hourly rate and total
amount paid to each attendee?
Have documentation from entity's financial system been provided as
proof attendees were paid?
For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
❑ 5 Have the names on the sign-in sheets been cross-referenced with the names of
the individuals for whom training reimbursement costs are being sought?
❑ 6 Has any expenditures occurred in support of the training such as printing costs,
costs related to administering the training, planning, scheduling, facilities,
materials and supplies, reproduction of materials, and equipment? If so, receipts
and proof of payment must be submitted
Canceled check
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that
statement
❑ 7 Has proof of purchase methodology been included (Form 5 Procurement)?
Sole Source (approved by FDEM for purchases exceeding $25,000)
State Contract (page showing contract#, price list)
Competitive bid results (e g Quotewire, bid tabulation page)
EXERCISE
F1 Has documentation been provided on the purpose/objectives of the exercise?
Situation Manual
Exercise Plan
❑ 2 If exercise has been conducted are the following included
After-action report
Sign-in sheets
Agenda
Rosters
❑ 3 If billing for overtime and backfill, has a spreadsheet been provided that lists
attendee names, department, # of hours spent at exercise, hourly rate and total
paid to each attendee?
Have documentation from entity's financial system been provided to
prove attendees were paid?
For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
45
❑ 4 Have the names on the sign-in sheets been cross-referenced with the names of
the individuals for whom exercise reimbursement costs are being sought?
❑ 5 Have any expenditures occurred on supplies (e g , copying paper, gloves, tape,
etc) in support of the exercise? If so, receipts and proof of payment must be
included
Canceled check
Electronic Funds Transfer(EFT) Confirmation
Credit Card Statement & payment to credit card company for that
statement
❑ 6 Has any expenditures occurred on rental of space/locations for exercises
planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of
payment must be included
Canceled check
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that
statement
❑ 7 Has proof of-purchase methodology been included (Form 5 Procurement)?
Sole Source (approved by FDEM for purchases exceeding $25,000)
State Contract (page showing contract#, price list)
Competitive bid results (e g Quotewire, bid tabulation page)
EQUIPMENT
1 Have all invoices been included?
❑ 2 Has an AEL# been identified for each purchase?
❑ 3 If service/warranty expenses are listed, are they only for the performance period
of the grant?
❑ 4 Has proof of payment been included?
Canceled check
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that
statement
❑ 5 If EHP form needed, has a copy of the approval from DHS been included?
❑ 6 Has proof of purchase methodology been included (Form 5 Procurement)?
Sole Source (approved by FDEM for purchases exceeding $25,000)
State Contract (page showing contract#, price list)
Competitive bid results (e g Quotewire, bid tabulation page)
46
TRAVEUCONFERENCES
❑ 1 Have all receipts been turned in, itemized and do the dates on the receipts match
travel dates?
Airplane receipts
Proof of mileage (Google or Yahoo map printout or mileage log)
Toll and/or Parking receipts
Hotel receipts (is there a zero balance?)
Car rental receipts
Registration fee receipts
Note: Make sure that meals paid for by conference are not included in
per diem amount
❑ 2 if travel is a conference has the conference agenda been included?
❑ 3 Has proof of payment to traveler been included?
Canceled check
Electronic Funds Transfer(EFT) Confirmation
Credit Card Statement & payment to credit card company for that
statement
Copy of paycheck if reimbursed through payroll
MATCHING FUNDS
❑ 1 Contributions are from Non Federal funding sources identified?
F-1 Contributions are from cash or in-kind contributions which may include training
investments
❑ 3 Contributions are not from salary, overtime or other operational costs unrelated
to training
SALARY POSITIONS
1 Has a signed timesheet by employee and supervisor included?
2 Has proof for time worked by the employee been included? Is time period
summary included?
Statement of Earnings
Copy of Payroll Check
Payroll Register
Time and Effort Log ( Form 6)
For fusion center analysts, have the certification documents been
provided to the SAA to demonstrate compliance with training and experience
standards?
47
ORGANIZATION
❑ 1 If billing for overtime and backfill, has a spreadsheet been provided that lists
attendee names, department, # of hours spent at exercise, hourly rate and total
paid to each attendee?
Have documentation from entity's financial system been provided to
prove attendees were paid?
For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
FOR ALL REIMBURSEMENTS - THE FINAL CHECK
❑ 1. Have all relevant forms been completed and included with each request for
reimbursement?
❑ 2 Have the costs incurred been charged to the appropriate POETE category?
❑ 3 Does the total on all Forms submitted match?
❑ 4 Has Reimbursement Form been signed by the Grant Manager and Financial
Officer?
❑ 5 Has the reimbursement package been entered into sub-sub-recipients
records/spreadsheet?
❑ 6 Have the quantity and unit cost been notated on Reimbursement Budget
Breakdown?
❑ 7 If this purchase was made via Sole Source, have you included the approved Sole
Source documentation and justification?
❑ 8 Do all of your vendors have a current W-9 (Tax Payer Identification) on file?
Please note: FDEM reserves the right to update this checklist throughout the life of the grant to
ensure compliance with applicable federal and state rules and regulations.
48
ATTACHMENT J
MONITORING GUIDELINES
Florida has enhanced state and local capability and capacity to prevent, prepare and
respond to terrorist threats since 1999 through various funding sources including federal
grant funds The Florida Division of Emergency Management (FDEM) has a responsibility
to track and monitor the status of grant activity and items purchased to ensure compliance
with applicable SHSGP grant guidance and statutory regulations The monitoring process
is designed to assess a sub-recipient agency's compliance with applicable state and
federal guidelines
Monitoring is accomplished utilizing various methods including desk monitoring and on-site
visits There are two primary areas reviewed during monitoring activities - financial and
programmatic monitoring Financial monitoring is the review of records associated with
the purchase and disposition of property, projects and contracts Programmatic
monitoring is the observation of equipment purchased, protocols and other associated
records Various levels of financial and programmatic review may be accomplished during
this process
Desk monitoring is the review of projects, financial activity and technical assistance
between FDEM and the applicant via e-mail and telephone On-Site Monitoring are actual
-- visits to the sub-recipient agencies by a Division representative who examines records,
procedures and equipment.
Frequency of annual monitoring activity:
Each year the FDEM will conduct monitoring for up to 50% of their sub-grantees It is
important to note that although a given grant has been closed, it is still subject to either
desk or on-site monitoring for a three (3) year period following closure
Areas that will be examined include:
Management and administrative procedures,
Grant folder maintenance,
Equipment accountability and sub-hand receipt procedures,
49
Program for obsolescence,
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained,
Status and number of exercises;
Status of planning activity;
Anticipated projected completion,
Difficulties encountered in completing projects,
Agency NIMS/ICS compliance documentation,
Equal Employment Opportunity (EEO Status),
Procurement Policy
FDEM may request additional monitoring/information if the activity, or lack there of,
generates questions from the region, the sponsoring agency or FDEM leadership The
method of gathering this information will be determined on a case-by-case basis
Desk monitoring is an on-going process Sub-recipients will be required to participate in
desk top monitoring on an annual basis and as determined by the FDEM. This contact will
provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if
the FDEM determines that a sub-recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be
notified by the program office via email Information will include the grant sub-recipient
agency name, year and project description and the nature of the issue in question Many
of the issues that arise may be resolved at the regional or sponsoring agency level
Issues that require further TA will be referred to the FDEM for assistance Examples of TA
include but are not limited to
--Equipment selection or available vendors
Eligibility of items or services
Coordination and partnership with other agencies within or outside the region or
discipline
4-Record Keeping
50
i
- Reporting Requirements
4Documentation in support of a Request for Reimbursement
On-Site Monitoring will be conducted by the FDEM or designated personnel On-site
Monitoring visits will be scheduled in advance with the sub-recipient agency POC
designated in the grant agreement.
The FDEM will also conduct coordinated financial and grant file monitoring These
- monitoring visits will be coordinated with the capability review visits Subject matter
experts from other agencies within the region or state may be called upon to assist in the
form of a peer review as needed
All findings related to the capability review will be documented and maintained within the
FDEM
On-site Monitoring Protocol
On-site Monitoring Visits will begin with those grantees that are currently spending or have
completed spending for that federal fiscal year (FFY) Site visits may be combined when
geographically convenient. There is a financial and programmatic on-site monitoring
checklist to assist in the completion of all required tasks
Site Visit Preparation
A letter will be sent to the sub-recipient agency Point of Contact (POC) outlining the date,
time and purpose of the site visit before the planned arrival date
The appointment should be confirmed with the grantee in writing (email is acceptable) and
documented in the grantee folder
The physical location of any equipment located at an alternate site should be confirmed
with a representative from that location and the address should be documented in the
grantee folder before the site visit.
51
Al
On-Site Monitoring Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted
During this time, the purpose of the site visit and the items FDEM intends to examine will be
identified If financial monitoring visit will be conducted, they will then explain their objectives and
will proceed to perform the financial review
FDEM personnel will review all files and supporting documentation Once the supporting
documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted
Each item should be visually inspected whenever possible Bigger items (computers, response
vehicles, etc) should have an asset decal (information/serial number) placed in a prominent
location on each piece of equipment as per sub-recipient agency requirements The serial number
should correspond with the appropriate receipt to confirm purchase Photographs should be taken
of the equipment (large capital expenditures in excess of$1,000 per item)
If an item is not available (being used during time of the site visit), the appropriate documentation
must be provided to account for that particular piece of equipment. Once the tour/visual/spot
inspection of equipment has been completed, the FDEM personnel will then conduct an exit
conference with the grantee to review the findings
Other programmatic issues can be discussed at this time, such as missing quarterly reports,
payment voucher/reimbursement, equipment, questions, etc.
Post Monitoring Visit
FDEM personnel will review the on-site monitoring review worksheets and backup documentation
as a team and discuss the events of the on-site monitoring
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the
grantee explaining any issues and corrective actions required or recommendations. Should no
issues or findings be identified, a monitoring report to that effect will be generated and sent to the
grantee The grantee will submit a Corrective Action Plan within a timeframe as determined by the
FDEM Noncompliance on behalf of sub-grantees is resolved by management under the terms of
the Sub grant Agreement.
The On-Site Monitoring Worksheets, the monitoring report and all back up documentation will then
be included in the grantee's file
52
ATTACHMEMT K
EHP GUIDELINES
ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP)
COMPLIANCE GUIDELINES
The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and
historic preservation(EHP)laws and requirements prior to initiation of the project:
• New Construction, Installation and Renovation,including but not limited to
o Emergency Operation Centers
o Security Guard facilities
o Equipment buildings(such as those accompanying communication towers)
o Waterside Structures(such as dock houses, piers,etc.)
• Placing a repeater and/or other equipment on an existing tower
• Renovation of and modification to buildings and structures that are 50 years old or older
• Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security
enhancements to improve perimeter security
• Physical Security Enhancements,including but not limited to-
o Lighting
o Fencing
o Closed-circuit television(CCTV)systems
o Motion detection systems
o Barriers,doors,gates and related security enhancements
In addition,the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed,
subject to all applicable laws,regulations,and licensing provisions.Communication tower projects must be submitted to FEMA for
EHP review
EHP DETERMINATION PROCESS
I. Submit the Final Screening Memo to the SAA for review prior to funds being expended.
II The SAA will review and notify the sub-recipient of its decision. The grantee should incorporate sufficient time and
resources into the project planning process to accommodate EHP requirements.
APPROVAL PROCESS TO FEMA
I Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements,page 2.
II The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate(GPD)for-
an EHP regulatory compliance review
III. Complete the attached National Environmental Policy Act(NEPA)Compliance checklist
IV Prepare maps indicating the location(s)of proposed project(Guidance provided)
V Take photographs of the location(s)of proposed project(Guidance provided)
Vi. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the Centralized
Scheduling and Information Desk(CSID)at askcsid(a�dhs.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 sub-recipient of FEMA's final
decision.
IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED Grantee should incorporate sufficient time
and resources into the project planning process to accommodate EHP requirements.Grantees must receive written
approval from FEMA prior to the use of grant funds for project implementation.
53
ATTACHMEMT L
MANDATORY CONTRACT PROVISIONS
Provisions as described in Appendix II to Part
200:
Pt.200,App.II 2 CFR Ch.11 0-1-1d Edition)
early notification about the requirements a)- IL Orxiit IvVon.MATiox-01-1`10NA+.
lows the potential applicant to dacida not to This section may include any additional
apply or to tako needed actions before re- inforniation that will assist a potential ap-
ceivine the Federal award_ The announce- plicant,For example.the secLIOn M1211t:
mens need not include all of the terms and i. Indicate whether this is a now pmr-vain
conditions of the Federal award..but. may or a one-Lime rnluauve.
refer to a document(with information about it. Mention related programs or other up-
how to obtain it)or Internet site where ap- comae or onuolns Federal awardln^aeancy
pllcants can see the terms and conditions-II fundlns opportunities for similar activities.
this Minding opportunity will load to Federal Ili. Include current Internet addresses for
awards with some special terms and condi- Federal awardlns agency Web sites that may
tions Lhat differ from the Federal awardine be useful to an applicant in und?rstandin
agency s usual(sometime;called"general") the pr•a_rm.
farms and condi Lions. this SWUM should 1v Alert applicants Go the need to identify
highlight those special terms and conditions. Proprietary information and inform Cham
Doing so will alert applicants that have re- about the way the Federal awa,-dine agency
ceiyod Federal awards from the Federal w111 handle 1t.
awarding agelicy provhously and mieht not . Include certain routine notices to app11-
otherwise expect different terms and condi- cants to-e.. that the Podoral ErovernmenL is
Lions. For the same reason, the announce_ not.obiteau)d to make any Federal award as
ment. should inform potential applicants a result of the announcement or that only
-=is officers can bind the Federal eovern-
about special requirements that could apply Ment to the expenditure of Rinds).
to particular Federal awards after the review
of applications and other information.based AP PENDLS II TO PART 200—(;ON7ltACr
on the particular circumstances of the effort PROVISIONS FOR\O\-PEDERAL E-Pi-
to be supportad(o.L if human subjects were Ty COA-TRACI's U\DER E•mF.RAi.
to be involved or 11 some situations may jus AWARl)s
tafy sltocial terms on Intelloctuad property
data shar•irm or Security r•ogmreMents). in addition to other provisions required by
3. Reporltnp—Reourred. This section must the Federal agency or non-Foderal enLity,all
include general information about the Lype contracts mule by the non-Federal entity
(a.g.. Rivancial or performance). frequency. under the Federal award must contain provi-
and means of submisslon (paper or alar- stuns coverinu Lhe.follow•1m as applicable.
tromel of post-Fodersl award reporting re- (A)Contracts for more than Lhn simplified
quu•ements. Righlight any special reporung acquisition threshold currently sot at
requirements for Federal awards under this S150ME). which is the inflation adjusted
fundlns opw. rtuntty that differ(e,g., by ria- amount determmal by the Civilian Agency
Fort typo. fragaongv, Corm'tormaL, or cIr- Acquisition Council and the Defense Acquisl-
cumsLancos for use) from what, the Federal tion Ire olatiOns Council lConncils) as au-
awartliris agency's Federal awards usually thorizgd by.11 U:S.C, IDN. must address ad-
ministrative. contractual.or l(-zul remakes
require, in instances where contractors violate or
0.ProritAi.AwAnniso Aclumy Co.N-rncr(s)— Broach contract terms,and provide for such
Rwgvrnt t) sanctions and penalties as appropriaLe,
(11)All contracts in oxcess of S10,00D must
'191e announcement must t'!vo potontlal ap- address tarnunation for cause and for con-
wicants a puint(s)of contact for•answering venionco by tho non-Podoral entity lncludlntr
questions or holy ing%ILh problems whilo the Lho manner by which it will be offooml and
lending opportunity is open. The intent of tho basis for saLLIOmant.
this requirement is to Iia as helpful as pos- (C) Equal Employment Opportunity. Rx-
siblo to potential applicants, so the Federal Copt as otherwise provldod under 41 CFR
awanlins agoncy should consider approaches Fart(D, all contracts that moat the doflni-
such as giv,InL- Lion of•'fxler•ally assisted construction con-
s.Points of contact who may be reaehal In tract"1n ail CFR Part GO-1.3 must include the
multiple nays(e.g by ieleptono. Pati.:wad' Oct al opiortuntLy clause provided under 41
or entail.:+s aoll as regular phone CFR OMAN. 1n accordance with Executive
it. A fax or entail address that• mule !e Order !(30 "Equal F .3 F`R )' Oppor-
P tunny"(30 FR i�10. l�CiS.3 C.`lt fart,1A:,1-
1»ople access,so Lhat.someone will respond l_%5 Comp.,p.3391.as amentlad by Executive
even if others aro unexp really absent dur- Order 11375. "Amending Executive Order
in^critical periods. 11?IG Relaurs to Equal Employment Oppor-
itt. Different contacts for distinct kinds of t•unity."and implementing regulauoas at 41
help t3 e..one for questions of programrm tic CFR part G0. "Office of Federal Contract
content and a second for idminisLrative Compliance 11rogrims. Equal Employment
questions). Opportunity.Department of Mirror"
19$
54
OMB Guidance Pi.200,App.II
(D)Davis-Bacon-Act.as amended(40 U.S.0 materials or arucias ordinarily available on
3141-3118).When required by Federal pro--ram the open market. or contracts for transpor-
le--islaLron.all primo construcLion contracts Latton or transmission of mtallLence.
in excess of 52.000 awarded by non-Foderal (F) Riehts to InverlLlOnS Mado Under a
ontatios must include a pro%lslon for compli- Contract or Aeroement.If Lhe Federal award
arse wiLb Lho Darts-Bacon Act (40 U.S.C. moots.Lhe definition of"fund)ae wimemeni'
31414144, and 3146-3148) as supplemanted ILy under 37 CFR 1401?(a)and the recipient or
Department, of Labor revelations (29 CFR subreciptent wishes to entar Into a contract
Part 5. "Labor SLandards Provisions Appli- with a small business firm or nonprofit or--a-
cable W Contracts Corerme Federally Pi- amaLton re:anlirte the substlLutlon of par-
nanced and Assisted Construction".1. In ac- Lies. assicnment, or performance of experi-
cordance with the statute.contractors must mental. developmental. or research work
be required to pay waeos to laborers and me- under that"fundme aeraement,"Elia recipi-
chamcs at a rate not less than the prevailins ent or subrociplent must comply with Elie re-
waees specified in a wa<-re daterminaiion quirements of S.CFR Part,401."Riehts to In-
made by the Socm ary of Labor.In addition. vonLions Mado by Nonprofit. 019anizatrons
contractors must be required to pay wanes and Small Business Ficins Under Govern-
not less than once a week. The non-Federal mens Grants. Contracts and Cooperative
entity must place a copy of Lhe current pro- ALrooments,"and any implementirts re--ula-
valline aaLo determination Issued by the Do- Lions issued by the awardine asency
pamment of Labor in each solicitation.The (G)Clean Air Act(42 U.S.C.7401-7671q.)and
decision to award a contract or subcontract Lhe Podeml Water PelluLion Control Act(33
must be condiLloned upon the acceptance of U.S.C.1251-1387),as amendad--Contracts and
Lha wa:•e determination.The non-Federal en- suberants of amounts In oxcess of $150.000
LILY must report all suspected or reported must contain a provision that requires the
cnolaUons to the Federal awardine aeency. non-Feder-A award to aemo to comply with
The contracts must also include a provision all applicable standards, orders or re--tila-
for compliance with the Copeland "Anti- Lions issued pursuant LO the Clean Ali, act
Kickback" Act (40 U.S.C. 3145). as supple- (42 U.S.C.7401-7671q)and the Federal Water
mented by Department of Labor retulations PoiluLion Control Act as amended(33 U.S.C.
(29 CFR Part 3. "Contractors and Sub- 1251-1387).Violations must be repomod to the
coni-actors or. Public Buildine or Public Federal awardine aeency and Lhe Reetonal
Work Financed in Whole or,in Part by Loans Office of the F1vironmertal Protection
or Cmnts from the Uniwd States-).The Act Asaney(EPA).
provides Ehat each contractor or sub- (11) Mandatory standards and policies ro-
recipient must be prohibited from inducini, latina to ener•ey efficiency which are con-
by any means. any pamon employed in Lho Earned in Lhe state enemy conservation plan
construction.complaLion.or repair of public issued in compliance with the Enemy Policy
work• to eivo up any part of the compensa- and Conservation Ac6(42 U.S.C.G2M).
tion to which he or she is other-xiso entitled. (I) Debarment and Suspension (Exac utiva
The non-Foderal entity must.report all sus- Orders 1254D and 129Mt ---A contract award
pactod or reported violations to tho Federal (sm 2 CFR 180.`10)must not be rnado to par-
awardin^aeency. Lies Irsted on the Loverrimentwtde Exclude(]
(E) Coniract Work flours and SafoLY Parties List System in the System for Award
Standards ALL (40 U.S.C. 3701 308). Where Manauement(SAKI). to acconlance with the
applicable.all contracts awarded by Lhe non- Oi1IB euidelmos at 2 CFR 180 that implement
F'oderal antity in excess of 5100.000 that in- EaecnLlya Orders t2510 (3 CFR Part 108E
volve Lha employment.of mechanics or labor- Comp.. p. 180) and IM (3 CFR.Part 198D
ors must include a provision for compliance Comp..p.M5)."Debarment'and Suspension."
with 40 U.S.0 3702 and 3701.as supplemented The Excludml Parties List System in SAM
by Doptrtment of Labor re--ulatlons(29 CFR contains the names of parties debarred.sus.
Part 5).Under 40 U.S.C.3702 of Lho Act.each ponded.or otherwise excludod by w_,encios.as
contractor must be required to compute the wall as pestles declared rnalieible under stat_
waces of every riiachame and laborer on the uwry or revulatoryauthority other than Fit-
basis of a standar(] work week of 40 hours. ocutivo Order 1:519
Work in excess of Lho standanl work weak is (J) Byrd Anti-I,obb_vtns Amendment (31
partnlssiblo provide(]that,Lha worker Is com- U.S.C. 1352)—Contractors that apply or bid
Lansated at a rate of not less than one and a for an award of S10U,000 or more must fila the
half Limas the basic mto of pay for all hours required corLifreatron. Each veer corufres to
worked in excess of 40 hours in the work Lhe tier above that it will not and las not
week.no requirements of 40 U.S.C,3701 ani used Pectoral appropriated funds to pay any
applicable to construction work and provide poison or orLanizatlon for tMuenctris or at-
that, no laborer or mechanic must W m- Lomptlns to influence an officer or employee
quirod to work in surrounditws or under of anv aeency.a member of Con_•ross.officer
working conditions which are unsanitary or employee of Contirow.or an employoo of a
hazardous or danearous.These requirements member of Congress to connection with ob-
(lo not,apply Lo tbo purchases of supplies or- tainins any Federai contract. Brant or any
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P1.200,App.III 2 CFR Ch.II(1-1-14 Edition)
other award covered by 31 ti.S-C 1353. Each (l)Sponsored research means all research
tier must also disclose any lobbyini' with aid development at:Livities that are, spon-
non-Fodarathat takes funds thatakes place in con- sored by Federal anal non-Pederal aeoncies
noction with obtain m, any Federal award. and orea lMLions.This term includes activi-
Such disclosures are forwarded from tier to ties involtiine the trainia2 of individuals in
Liar up to the non-Federal award. research techniques (commonly called ra-
(K)Sao 12W.322 Procurement of recovered search training)where such activities uLlllze
materials. the same facilities as Other research and do-
velopment activities and where such activi-
APPE.rTIIt Ill TO PART 2W—INDIRECTties are not included in the instruction func-
(F&A) COST$ -IDENTIFICATION AN-D tion.
Assi6vmF_%-r ANn RATE DF_'TEwi[]NA- (2) Untrersnp research means all research
TION FOR INST)T MONS OF IIICRER and development activities that are sapa-
EDUCATION(11-lb-'s) rarely budeated and accounted for by the in-
stitution under an internal application of in-
A.GF-Nra_,a. SLILutional funds. Universlty research, for
This appendix providas criteria for identi- purposes of this document, must be eom-
fyine and cornputine indireeL (or indirocL binecd with sponsored research under the
(F&-A))rates at 1NPs(Institutions). Indirect function of oreanizel research.
t F&A}costs are those that aro incurred for c.Other sponsored acawtws means programs
and projects financed by Peder
a.]or joint objectives and therefore al and non-
common
be idenLified readily and specifically Federal aeencias and oreanlZltions which in-
with a particular sponsored project. an in- volve the performance of work other than in-
structional activity. or any other insmu- strucuon and organized research. Examples
tional activity. See subsocuon B-1. Defim- of such proera ns and projects are health
tion of Facilities and Administration, for a service projects and community service pro-
discussion Of the components of Indirect enms,However when any of tbesa activities
fF&A)costs are undertaken by the insmution without
outside support- they may be classified as
1.Major Funcilons of an fnsatution other institutional activities.
Refers Lo instruction- omantzedresevch. d.Other mstifuttonal actiM.es means all ac-
ether sponsored activities and other Instil LQ- tivttles of an institution except for instsuc-
Ltonal acuylLdes as defined in this section: tion, departmental research. oreantzed re
a. Instruction means the teaching and search,and otber sponsored acttv)tles.as do-
Lratnine activities of an msLitutlon. Except fined in this section:indirect(P&A,cost ac-
tor research tramine as provided in sub- Wviuos identified in this Appendix para-
SecWon 1),this terns includes all teaching and s raph H.Identification and assignment of in-
Lralnine activities.wbeth'affe
r they are ored direct(F&A) costs: and specializad services
for credits toward a dogma or certificate or facilities described in §20.468 Specialized
on a non-credit basis,and whether they are senice facilities of this Part.
offered Lhrough reeular academic depart Examples of other tnsWLUWbnal activities
ments or separate divisions. such as a sum- include operation of residence halls. dinine
mer school division or an extension division. halls, hospitals and clinics. student unions,
Also considered part of this major function intercolle_+iate athletics.bookstores.faculty
are dopar•tme-ntal research• and, where houstne. student apartments. euast houses.
aeceed to,university reoarch. chapels,theaters,public museums,and other
(1)Sponsored Instruction and frainino means similar auxiliary enterprises.This definition
speclfle instructional or Lr;ain)ne acLtvity es- also includes any other caLeeor)es of acuvt-
Lablished by Brant.contract.or cooperative ties. costs of which aro unallowable" to
aereemant. For purposes of the cost grin- Federal awards. unl•.ss otherwise indicated
cipies, this activity may be considero(I a in an award.
major function oven though an institution's i.Catena for Distribution
accounting treatment may include it to the I
instruction function. U. (lase period. A base period for dlstribu-
(2) 0eparimental research moans research. Won of Incllroct (F&Aj costs is the par(od
dovelopmont and scholarly aai%ittos that dunne which the costs aro incurrod. The
are not omanizel research and. con- base period normally should coinekdo with
sequently. are, not separately budcotod and the fiscal year established by the institution,
accounted for. Departmental research. for but in any event Ow halo perial should he so
purposes of this document.is not considered selected as to avoid inNIalties in Lho dis-
cs amajor function.but as a part of Glib-in. LribuWon of costs.
struction function of the institution. b. Need for cost orourabes. The overall ob-
s. Organized research means all research jecLlve of the indirect iF&Al cost allocation
and developmonL amivtwor,of an institution process is to d)str)butt) the Indirect (F&A)
that are separately budeatacl and nocountad casts described in Section 11, idontincataon
_ for.It includes: and asslenment of Indirect•iP&A► costs. to
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56