HomeMy WebLinkAbout2014-104Logy -1 o9
8.19 .Zcit i
Contract Number 15 -FG -0-10-40-01-098 v Ar
FEDERALLY -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River
County, (hereinafter referred to as the "Recipient")
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein, and
B The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Program Budget and Scope
of Work, Attachment A and B of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment F
(3) PERIOD OF AGREEMENT
This Agreement shall begin on July 1, 2014 and shall end June 30, 2015, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
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.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circular No A-102, "Common Rule Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No A-87, "Cost
Principles for State, Local and Indian Tribal Governments," OMB Circular No A-21, "Cost Principles for
Educational Institutions," or OMB Circular No A-122, "Cost Principles for Non-profit Organizations "
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division
The five year period may be extended for the following exceptions
1 If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved
2 Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition
1
3 Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Program
Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents "Reasonable" shall ordinarily mean during normal business
hours of 8 00 a.m to 5 00 p m , local time, on Monday through Friday "Agents" shall include, but not be
limited to, auditors retained by the Division
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division "Reasonable" shall ordinarily mean
normal business hours of 8 00 a m to 5 00 p m , local time, Monday through Friday
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non -Federal funds
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section 320 (d),
OMB Circular A-133, as revised, by or on behalf of the Recipient to
The Division at the following address
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em myflorida com
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by
submission online at
http.//harvester.census.gov/fac/collect/ddeindex.html
And to any other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (f),
OMB Circular A-133, as revised
(f) Pursuant to Section 320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section 320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following address
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em myflorida.com
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance
(j) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
3
may take other action as stated in Paragraph (11) REMEDIES "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division
(f) The Recipient shall provide additional reports and information identified in Attachment
E.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved A review shall be
done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768 28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768 28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768 28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11) However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division
4
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information,
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively-
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein,
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds
(e) Exercise any corrective or remedial actions, to include but not be limited to
1 request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2 issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3 advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4 require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible,
(f) Exercise any other rights or remedies which may be available under law
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar 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 Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination The Recipient will cancel as many outstanding obligations as possible Costs incurred after
receipt of the termination notice will be disallowed The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
5
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is
Teresa A. Warner
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone 850-922-1637
Fax: 850-488-7842
Email teresa warner@em myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is
John King
IRC Emergency Services
4225 43rd Ave.
Vero Beach, FL 32967-1671
Telephone 772-567-2154
Fax: 772-567-9323
Email jkinq(c�ircgov.com
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288 703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency
(c) This Agreement has the following attachments
Exhibit 1 - Funding Sources
6
Attachment A — Program Budget
Attachment B — Scope of Work
Attachment C — Budget Narrative Recordkeeping
Attachment D — Deliverables
Attachment E — Reports
Attachment F — Program Statutes, Regulations and Special Conditions
Attachment G — Justification of Advance Payment
Attachment H — Warranties and Representations
Attachment I — Certification Regarding Debarment
Attachment J — Statement of Assurances
Attachment K — Reporting Forms
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $76,617.00,
subject to the availability of funds
(b) Any advance payment under this Agreement is subject to Section 216 181(16),
FIa.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990 All advances are required to be held in an interest-bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment G Attachment G will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed The Recipient agrees to expend funds in accordance with the Program Budget and Scope of
Work, Attachment A and B of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that "all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts " The supporting documentation must comply with the documentation
requirements of applicable OMB Circular Cost Principles The final invoice shall be submitted within sixty
(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division contract manager as part of the
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division
All funds received hereunder shall be placed in an account with a separate account code identifier
for tracking all deposits, expenditures and interest earned Funds disbursed to the Recipient by the
Division that are not expended in implementing this program shall be returned to the Division, along with
any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration
of the award Agreement.
7
The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices
Allowable costs shall be determined in accordance with applicable Office of Management and
Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES
Any requests received after July 31, 2015, at the discretion of the Division, may not be
reimbursed from this Agreement.
This agreement may be renewed, at the Division's sole discretion, for a period that may not
exceed three years or the term of the original Agreement, whichever period is longer, specifying the
renewed price and subject to the availability of funds Pursuant to Section 287 057(13), Florida Statutes,
exceptional purchase contracts pursuant to Section 287 057(3)(a) and (c), may not be renewed
Federal funds provided under this Agreement shall be matched by the Recipient dollar for
dollar from non-federal funds.
All payments relating to the Agreement shall be mailed to the following address
Attn. Finance Dept.
Indian River County
1801 27th Street
Vero Beach, FL 32960
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management", and mailed directly to the following address
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215 34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15 00 or 5% of the face amount of the
returned check or draft, whichever is greater
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(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.
8
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U S C Section 12101 et seq.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications
(f) Those who have 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.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals
1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3 are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2 of this certification, and
4 have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment I) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof
(j) Any bills for travel expenses shall be submitted in accordance with Section
112 061(14)(a), Fla Stat. The provisions of any special or local law, present or future, shall prevail over
any conflicting provisions in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
9
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U S C Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")] The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286 011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U S C 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief.
1 No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2 If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form -LLL, "Disclosure of Lobbying Activities "
3 The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U S Code Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
10
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed Failure to disclose will indicate that no such property
exists The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
11
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment J
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
INDIAN RIVER COUNTY
By.
Name and title Peter D. O'Bryan, C
Date
FID# 59-6000674
DUNS # 079208989
BCC Approved: August 19, 2014
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By.
..../0Name and Title ry4-41 J�C)1 )i / R •
7 Date O/ 4z
APPROVED
my Ad inistrator
12
Attest: Jeffrey R. Smith, Clerk of
Court and Comptroller
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT
NOTE. If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded
Federal Program -
Federal agency. U S Department of Homeland Security / Federal Emergency Management Agency
Catalog of Federal Domestic Assistance title and number Emergency Management Performance Grant #
97 042
Award amount: $ 76,617 00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT
Chapter 252, Florida Statutes
Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
48 CFR, Part 31
OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133
NOTE. If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below
Federal Program
List applicable compliance requirements as follows.
1 Recipient is to use funding to perform eligible activities as identified in the United States
Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate, Fiscal Year 2014 Emergency Management Performance Grants
Program
2 Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
NOTE. Section 400(d) of OMB Circular A-133, as revised, and Section 215 97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
13
Attachment A
Program Budget
• Funding from the Emergency Management Performance Grant is intended for use by the Recipient to
perform the following eligible activities as identified in the United States Department of Homeland
Security, Federal Emergency Management Agency, Fiscal Year 2014 Emergency Management
Performance Grants Program and programs that are consistent with Title 44, Code of Regulations
(CFR) Part 13, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida
Statutes)
• The transfer of funds between the categories listed in the Program Budget is permitted
• Below is a general budget which outlines eligible categories and their allocation under this award
Grant
Recipient Agency
Category
Amount
Allocated
FY 2014 — Emergency
Management Performance
Grants Program
INDIAN RIVER COUNTY
Organizational Expenditures
Planning Expenditures
Training Expenditures
Exercise Expenditures
Equipment Expenditures
$76,617 00
Management and Administration
Expenditures (5%)
Total Award
$76,617.00
14
Attachment B
Scope of Work
Funding is provided to perform eligible activities as identified in the Emergency Management
Performance Grants (EMPG) Program Funding Opportunity Announcement (FOA) Eligible activities are
outlined in Attachment C Eligible Expenses The intent of the EMPG Base Grant Agreement is to provide
each county with the means to successfully manage and operate an Emergency Management Program
Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-
made disasters/ emergencies
EMPG Base Grant funding is intended to enhance county emergency management plans and programs
that are consistent with the State Comprehensive Emergency Management Plan and Program (reference
Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes) This Scope of
Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each
county has a unique geography, faces unique threats and hazards, and serves a unique population
The objective of this funding is to assist in providing operating support for the areas outlined in
Attachment C to maintain a county emergency management program. The objective is to help
fund the county Emergency Management programs and maintain a 24-7 (this includes on-call
coverage) daily response to county emergencies. The minimum acceptable standard for payment
is a twelve month 24-7 operation. Emergency Management operation below the minimum
standard will result in a prorated reduction in payment.
In addition, the County is to achieve the following emergency management deliverables
throughout the contract period to ensure county compliance and coordination with the state
emergency management. Items listed in Attachment D are to be reviewed during the mid -year and
end -of year progress report prepared in conjunction with the Division's Regional Coordinator to
ensure county compliance. Any two deliverables in the series of 1 to 4 not completed will cause a
5% reduction in the overall amount of the reimbursement authorized in this agreement.
Documentation supporting the completion of the goals outlined below should be submitted on the
Quarterly Financial report.
By signing this Agreement the Recipient certifies that it will use the award to enhance its Emergency
Management Program
Monitoring: Monitoring may be accomplished through either a desk -based review or on-site monitoring
visits, or both Monitoring will involve the review and analysis of the financial, programmatic,
performance, compliance and administrative processes, policies, activities, and other attributes of each
county and will identify areas where technical assistance, corrective actions and other support may be
needed
Desk monitoring is the review of projects, financial activity and technical assistance between the Division
and the applicant via e-mail and telephone On -Site Monitoring are actual visits to the recipient agencies
by a Division representative who examines records, procedures and equipment.
15
The Division may request additional monitoring/information if the activity, or lack thereof, generates
questions from the region, the sponsoring agency or Division leadership The method of gathering this
information will be determined on a case-by-case basis
16
Attachment C
Budget Narrative
I. Categories and Eligible Activities
Emergency Management Performance Grants Program Guidance
FY2014 allowable costs are divided into the following categories organizational, planning, training,
exercise, equipment, and management and administration cost are allowable
A. Organization
Per the Robert T Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U S C
5121-5207, EMPG Program funds may be used for all -hazards emergency management operations,
staffing, and other day-to-day activities in support of emergency management. Proposed
staffing activities should be linked to accomplishing the projects and activities outlined in the EMPG
Program Work Plan
Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits,
are allowable costs with FY 2014 EMPG Program funds These costs must comply with 2 CFR Part
§225, Cost Principles for State, Local, and Indian Tribal Governments (Office of Management and
Budget [OMB] CircularA-87)
B. Planning
Planning spans across 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 engage
the whole community in the development of a strategic, operational, and/or community-based
approach to preparedness
FY 2014 EMPG Program funds may be used to develop or enhance upon emergency
management planning activities, some examples include:
• Provide input for data collection in THIRA development
• Development of an all -hazards mitigation plan based on identified risks and hazards
Emergency Management/Operation Plans
• Maintain/enhance current local County Emergency Management Plan (CEMP)
• Modifying existing incident management and emergency operations plans
• Developing/enhancing large-scale and catastrophic event incident plans
Communications Plans
• Developing and updating Statewide Communication Interoperability Plans
• Developing and updating Tactical Interoperability Communications Plans
Continuity/Administrative Plans
• Developing/enhancing Continuity of Operation (COOP)/Continuity of Government (COG) plans
17
• Developing/enhancing financial and administrative procedures for use before, during, and after
disaster events in support of a comprehensive emergency management program
Whole Community engagement/planning
• Developing/enhancing emergency operations plans to integrate citizen/volunteer and other non-
governmental organization resources and participation
• Engaging the "Whole Community" in security and emergency management is critical to achieving
the NPG
• Public education and awareness on emergency management and preparedness
• Planning to foster public-private sector partnerships
• Development or enhancement of mutual aid agreements/compacts, including required
membership in EMAC
Resource management planning
• Developing/enhancing logistics and resource management plans
• Developing/enhancing volunteer and/or donations management plans
• Acquisition of critical emergency supplies defined as shelf stable food products, Water, and/or
basic medical supplies Acquisition of critical emergency supplies requires each State to have
FEMA's approval of a viable inventory management plan, an effective distribution strategy;
sustainment costs for such an effort; and logistics expertise to avoid situations where funds are
wasted because supplies are rendered ineffective due to lack of planning
• Supply preparation
Evacuation planning
• Developing/enhancing evacuation plans, including plans for. alerts/warning, crisis
communications, pre -positioning of equipment for areas potentially impacted by mass
evacuations sheltering, and re-entry
Pre -disaster and post -disaster Recovery planning
• Pre -event response/recovery/mitigation plans in coordination with State, local, and tribal
governments
• Developing/enhancing other response and recovery plans
• Develop recovery plans and preparedness programs consistent with the principles and guidance
in the NDRF that will provide the foundation for recovery programs and whole -community
partnerships Preparedness and pre -disaster planning was given special attention within the
NDRF with specific guidance Planning for a Successful Disaster Recovery (pages 63-70) For
more information on the NDRF see http.//www.fema.pov/pdf/recoveryframework/ndrf.pdf
F/ERO Credentialing and Validation
• Working group meetings and conferences relating to emergency responder credentialing and
validation
• Compiling data to enter into an emergency responder repository
• Coordinating with other State, local, territorial, and tribal partners to ensure interoperability among
existing and planned credentialing and validation systems and equipment
• Planning to incorporate emergency responder identity and credential validation into training and
exercises
C. Training
18
FY 2014 EMPG Program funds may be used for a range of emergency management -related training
activities to enhance the capabilities of local emergency management personnel through the
establishment, support, conduct, and attendance of training Training activities should align to a
current, Multi -Year TEP developed through an annual TEPW Training should foster the development
of a community oriented approach to emergency management that emphasizes engagement at the
community level, strengthens best practices, and provides a path toward building sustainable
resilience
Each EMPG Program funded position is REQUIRED to complete the following training(s)
during this contract period or show proof (certificate) that each training has been completed.
These training requirements are also outlined in Attachment D, #2.
• IS 100 — Introduction to Incident Command System
• IS 200 — ICS for Single Resources and Initial Action Incidents
• IS 700 — National Incident Management Systems (NIMS)
• IS 800 — National Response Framework
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 found at
http.//www.fema.qov/pdf/emergency/nims/nims training program.pdf
The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing
standards The NIMS Guidelines for Credentialing can be found at
http.//www.fema.gov/pdflemergency/nims/nims cred guidelines report. pdf
To ensure the professional development of the emergency management workforce, the grantee must
ensure a routine capabilities assessment is accomplished and a multi-year training plan is developed
and implemented
Additional types of training include, but are not limited to, the following
Developing/enhancing systems to monitor training programs
• Conducting all hazards emergency management training
• Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer
courses
• Attending other FEMA -approved emergency management training
• Mass evacuation training at local, State, and tribal levels
Allowable training -related costs include the following
• Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to
administering the training planning, scheduling, facilities, materials and supplies, reproduction of
materials, 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
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of attendance at FEMA and/or approved training
courses and programs are allowable These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the State or unit(s) of local government and
19
has the approval of the State or the awarding agency, whichever is applicable In no case is dual
compensation allowable That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single period of
time (e g , 1 00 p m to 5 00 p m ), even though such work may benefit both activities
Travel. Travel costs (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
Hiring of Full or Part -Time Staff or Contractors/Consultants. Full- or part-time staff may be
hired to support direct training -related activities Payment of salaries and fringe benefits must be
in accordance with the policies of the State or unit(s) of local government and have the approval
of the State or awarding agency, whichever is applicable
• Certification/Recertification of Instructors. Costs 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 which involve
training of trainers
D. Exercises
All EMPG Program funded personnel are REQUIRED to participate in no less than three
exercises in a 12 month period. One real world event can count towards meeting this
requirement. (see Attachment D, #2)
Allowable exercise -related costs include
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This 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 activities Payment of salaries and fringe benefits must be in
accordance with the policies of the State or unit(s) of local government and have the approval of
the State or the awarding agency, whichever is applicable The services of
contractors/consultants may also be procured to support the design, development, conduct and
evaluation of exercises
Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of time spent on the design, development and
conduct of exercises are allowable expenses These costs are allowed only to the extent the
payment for such services is in accordance with the policies of the State or unit(s) of local
government and has the approval of the State or the awarding agency, whichever is applicable In
no case is dual compensation allowable That is, an employee of a unit of government may not
receive compensation from their unit or agency of government AND from an award for a single
period of time (e g , 1 00 p m to 5 00 p m ), even though such work may benefit both activities
Travel. Travel costs (e g , airfare, mileage, per diem, hotel) are allowable as expenses by
employees who are on travel status for official business related to the planning and conduct of the
exercise activities
20
• Supplies. Supplies are items that are expended or consumed during the course of the planning
and conduct of the exercise activities (e g , gloves, non-sterile masks, and disposable protective
equipment)
• Implementation of HSEEP. This refers to costs related to developing and maintaining a self-
sustaining State HSEEP which is modeled after the national HSEEP
• Other Items. These costs are limited to items consumed in direct support of exercise activities
such as the rental of space/locations for planning and conducting an exercise, rental of
equipment, and the procurement of other essential nondurable goods Grantees are encouraged
to use free public space/locations, whenever available, prior to the rental of space/locations
Costs associated with inclusive practices and the provision of reasonable accommodations and
modifications that facilitate full access for children and adults with disabilities
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) The
only vehicle costs that are reimbursable are fuel/gasoline or mileage
• 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
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web -based version of the
Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB), which is sponsored by
FEMA at http.//www Ilis.dhs.gov/knowledgebase Unless otherwise stated, equipment must meet all
mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds
In addition, counties will be responsible for obtaining and maintaining all necessary certifications and
licenses for the requested equipment.
The select allowable equipment includes equipment from the following AEL categories
• Information Technology (Category 4)
• Cyber -Security Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials
(Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14)
• CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category 21)
In addition to the above, general purpose vehicles (such as sports utility vehicles) are allowed to be
procured in order to carry out the responsibilities of the EMPG Program If State agencies and/or local
governments have questions concerning the eligibility of equipment not specifically addressed in the
AEL, they should contact their contract manager who will coordinate with the FEMA Regional
Program Analyst for clarification
21
F. Management and Administration (M&A)
M&A activities are those defined as directly relating to the management and administration of EMPG
Program funds, such as financial management and monitoring It should be noted that salaries of
State and local emergency managers are not typically categorized as M&A, unless the State or local
EMA chooses to assign personnel to specific M&A activities
11. EHP
Recipients must comply with all applicable EHP laws, regulations, and Executive Orders (EOs) in
order to draw down their FY 2014 EMPG Program grant funds Any project with the potential to
impact natural resources or historic properties cannot be initiated until FEMA has completed the
required FEMA EHP review Recipients that implement projects prior to receiving EHP approval from
FEMA risk de -obligation of funds For these types of projects, Recipients must complete the FEMA
EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all
supporting documentation to their Contract Manager Recipients should submit the FEMA EHP
Screening Form for each project as soon as possible upon receiving their grant award The Screening
Form must be submitted prior to funds being expended Refer to lBs 329, 345, and 356
EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic
Preservation Policy Guidance, at http.//www fema gov/media-library/assets/documents/85376
The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP
laws and requirements prior to initiation of the project:
• Any involvement with the installation of equipment,
Ground -disturbing activities,
New construction (installation and renovation), including communication towers, or
modification/renovation of existing buildings or structures
• Proposed construction or renovation projects that are part of larger projects funded from a
non -FEMA source (such as an EOC that is part of a larger proposed public safety complex)
• 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
• Lighting
• Fencing
• Closed-circuit television (CCTV) systems
• Motion detection systems
• Barriers, doors, gates and related security enhancements
• Field based training and exercises including activities that involve ground disturbance, use
of explosives, toxic agents or otherwise have the potential to cause impact to the
environment or historical resources This is only a requirement if the exercise or field
training is not being conducted by a certified professional or at an existing facility with
established procedures
• Communication tower projects
The following activities do not require the submission of the FEMA EHP Screening Form planning
and development of policies or processes, management and administration, classroom -based
22
training, table top exercises and functional exercises, and, acquisition of mobile and portable
equipment (no installation)
All recipients of financial assistance will comply with the requirements of the NEPA, as amended, 42
U S C §4331 et seq , which establishes national policy goals and procedures to protect and enhance
the environment, including protection against natural disasters To comply with NEPA for its grant -
supported activities, DHS requires the environmental aspects of construction grants (and certain non -
construction projects as specified by the component and awarding office) to be reviewed and
evaluated before final action on the application
For more information on FEMA's EHP requirements, see Informational Bulletins below"
• Information Bulletin 329, Environmental Planning and Historic Preservation Requirements for
Grants, available at http.//www.fema.gov/pdf/government/grant/bulletins/info329.pdf;
• Information Bulletin 345, Programmatic Environmental Assessment, available at
http.//www.fema.gov/pdf/government/grant/bulletins/info345.pdf; and
• Information Bulletin 356, EHP Screening Form, available at
http.//www.fema.qov/pdf/qovernment/grantibulletins/info356.pdf
III. Construction and Renovation
Construction and renovation activities for a local government's EOC as defined by the SAA are
allowable under the EMPG Program
Written approval must be provided by FEMA prior to the use of any EMPG Program funds for
construction or renovation Requests for EMPG Program funds for construction of an EOC must be
accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3, OMB Control Number;
1660-0124 (http.//www fema gov/pdf/government/grant/2011/fy11_eoc inv pdf) to their Grant
Program Manager for review Additionally, grantees are required to submit a SF -424C Budget and
Budget detail citing the project costs
When applying for funds to construct communication towers, grantees and sub -grantees must submit
evidence that the FCC's Section 106 review process has been completed and submit all
documentation resulting from that review to GPD prior to submitting materials for EHP review
Grantees and sub -grantees 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 grantee believes an Environmental Assessment (EA) may be needed, as defined in 44
CFR 10 8 and 10 9, must also be identified to the FEMA Program Analyst 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 gpdehpinfo(c�fema.gov
EMPG Program grantees using funds for construction projects must comply with the Davis -Bacon Act
(40 U S C 3141 et seq) Grant 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
http.//www.dol.qov/compliance/laws/comp-dbra.htm
23
IV. Maintenance and Sustainment
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
Unallowable Costs
• 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
• Activities unrelated to the completion and implementation of the EMPG Program
In general, recipients should consult with their contact 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
24
Attachment D
Deliverables
The objective of this funding is to assist in providing operating support for the areas outlined in
Attachment B and C to maintain a county emergency management program. The objective is to
help fund the county Emergency Management programs and maintain a 24-7 (this includes on-call
coverage) daily response to county emergencies. The minimum acceptable standard for payment
is a twelve month 24-7 operation. Emergency Management operation below the minimum
standard will result in a prorated reduction in payment.
In addition, the County is to achieve the following emergency management deliverables
throughout the contract period to ensure county compliance and coordination with the state
emergency management. Items listed below are to be reviewed during the mid -year and end -of
year progress report prepared in conjunction with the Division's Regional Coordinator to ensure
county compliance. Any two deliverables in the series of 1 to 4 not completed will cause a 5%
reduction in the overall amount of the reimbursement authorized in this agreement.
Documentation supporting the completion of the goals outlined below should be submitted on the
Quarterly Financial report.
1 COORDINATION AND COLLABORATION - Utilizing the below elements, county emergency
management agencies will have an ongoing process that provides for coordinated and
collaborated input in the preparation, implementation, evaluation and revision of emergency
management programs.
• Recipient will need to attend at least the Regional Training and Exercise Planning (TEP)
Workshop and provide an agenda or a copy of the certificate to show participation in the
following during this contract period (July 1, 2014 — June 30, 2015)
2. TRAINING AND EXERCISE - To ensure that each county emergency management agency is in
compliance with EMPG Guidance, each EMPG funded position during this contract period (July
1, 2014 — June 30, 2015) shall provide the following items This shall be uploaded to the
Division's Sharepoint portal, https.//portal.floridadisaster.orq
• Participate in no less than three (3) exercises within the 12 month Agreement period
• Submit an After Action Report (AAR) for each exercise conducted by the Recipient and/or
provide sufficient exercise documentation (i e , sign in sheet, certificate, etc ) for participation
in each exercise not conducted by the Recipient
• Complete IS 100, 200, 700 and 800
3 National Incident Management System (NIMS) - Due to the NIMSCAST system being
terminated the Recipient will be required to complete a NIMS survey and provide the NIMS
implementation status of your jurisdiction before December lst. This survey, upon receipt, is
designed to provide a self-assessment instrument to evaluate and report on your jurisdiction's
implementation of the National Incident Management System (NIMS)
4 Multi -Year Training and Exercise Plan (MYTEP) — Recipient is required to develop a MYTEP
that identifies combination of exercises, along with associated trainings requirements, that
addresses the priorities identified in the State TEPW The county TEP will be included in the
state submission of the MYTEP Develop and submit by June 1, 2015
25
Attachment E
Reports
A. Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year
summary progress reports prepared in conjunction with the Division's Regional Coordinator, and
a final close-out report. Reporting Forms are located in Attachment K and can be found on the
Division internet site
B. The Recipient shall provide the Division with full support documentation (per information
bulletin # 341) for the quarterly financial reports. To eliminate large files and mailings, the
Division will accept back up documentation on a CD if desired by the Recipient.
• Organizational Activities Includes salaries and expenses (depending upon eligibility)
Supply copies of timesheets documenting hours worked and proof employee was paid (i.e ,
earning statements/payroll registries) Copies of invoices and canceled checks related to
these services
• Planning Costs Provide copies of contracts, MOUs or agreements with consultants or
sub -contractors providing services Copies of invoices, checks and canceled checks and
copies of planning materials and work products (i e , meeting documents, copies of
completed plans (if submission of plans is for the Division then only need to provide date of
submission and who submitted plan/product to), etc )
• Training Costs Provide copies of contracts, MOUs or agreements with consultants or
sub -contractors providing services Copies of invoices, checks and canceled checks and a
copy of the agenda, sign in rosters and any training materials provided
• Exercise Costs Provide copies of contracts, MOUs or agreements with consultants or
sub -contractors providing services Copies of invoices, checks and canceled checks and a
copy of the agenda, sign in rosters and any exercise materials provided
• Equipment Acquisition Costs Copies of Invoices/receipts, checks and canceled checks
AEL# for each purchase
• Management and Administrative Costs Supply copies of timesheets documenting hours
worked and proof employee was paid (i e , earning statements/payroll registries)
• For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i e , airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc )
Receipts must be itemized and match the dates of travel/conference If conference, a copy of
the agenda must be provided Proof of payment is also required for all travel and
conferences
• Copies of the general ledger each quarter should also be provided
C Quarterly financial reports are due to the Division no later than thirty days after the end of
each quarter of the program year; and shall continue to be submitted each quarter until
submission of the final close-out report. The ending dates for each quarter of this
program year are September 30, December 31, March 31 and June 30.
D. The Staffing Detail and Exercise Detail Form (Form 3) is due every quarter with your
quarterly financial report (for EMPG funded employees only). This is to identify all EMPG
funded employees, the required training completed and the required amount of exercises
during the agreement period by those employees.
26
E The final close-out report is due forty-five days after termination of this Agreement.
F If all required reports prescribed above are not provided to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are
completed or may take such other action as set forth in Paragraphs (10), (11) and (12) of this
Agreement. "Acceptable to the Division" means that the work product was completed in
accordance with generally accepted principles, guidelines and applicable law, and is consistent
with the Scope of Work.
G Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the contract manager
27
Attachment F
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U S C §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E 0 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq )
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate),
15) Title VI of the Civil Rights Act of 1964, as amended,
16) Section 504 of the Rehabilitation Act of 1973, as amended,
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990),
18) Title IX of the Education Amendments of 1972,
19) Age Discrimination Act of 1975, Department of Justice Non -Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
22) Chapter 252, Florida Statutes
23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
24) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
25) 44 CFR, Part 302
26) 48 CFR, Part 31
27) OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133
Special Conditions
1 The Recipient shall comply with the most recent version of the Administrative Requirements, Cost
Principles, and Audit Requirements A non-exclusive list of regulations commonly applicable to
Department of Homeland Security grants are listed below.
A. Administrative Requirements
• 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
• 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB
Circular A-110)
28
B Cost Principles
• 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB
Circular A-87)
• 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)
• 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
• Federal Acquisition Regulations (FAR), Part 31 2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
C Audit Requirements
• OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations
2 Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA.
3 The recipient agrees that all allocations and uses of funds under this grant will be in accordance
with the FY 2014 Emergency Management Performance Grants Funding Opportunity
Announcement.
4 The recipient shall not undertake any project having the potential to impact Environmental or
Historical Preservation (EHP) resources without the prior approval of FEMA, including but not
limited to communications towers, physical security enhancements involving ground disturbance,
new construction, and modifications to buildings, structures and objects that are 50 years old or
older, and purchase and use of sonar equipment. Recipient must comply with all conditions
placed on the project as the result of the EHP review Any change to the approved project scope
of work will require re-evaluation for compliance with these EHP requirements If ground
disturbing activities occur during project implementation, the recipient must ensure monitoring of
ground disturbance, and if any potential archeological resources are discovered, the recipient will
immediately cease construction in that area and notify FEMA and the appropriate State Historic
Preservation Office Any construction activities that have been initiated without the necessary
EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA
funding
29
Attachment G
JUSTIFICATION OF ADVANCE PAYMENT
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
(list applicable line items)
20 -20 Anticipated Expenditures for First Three Months of
Contract
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 contract term. Support 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
contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be
returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty
(30) days of receipt, along with any interest earned on the advance)
30
Attachment H
Warranties and Representations
Financial Management
Recipient's financial management system must include the following
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation
Competition
All procurement transactions shall be done in a manner to provide open and free competition The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts The standards of
31
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
32
Attachment I
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form
SUBCONTRACTOR
By.
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
33
Attachment J
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No A-21, A-110, A-122, A-128, A-87, E 0 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted
project. Also the Applicant assures and certifies that:
1 It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally -assisted programs
2 It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants (5 USC 1501,et. seq )
3 It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4 It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties
5 It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6 It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements
7 It will 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 It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance
9 It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq ) by (a) consulting with the State Historic
34
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800 8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties
10 It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate, the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100 1, and all other applicable Federal laws, orders, circulars, or regulations
11 It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure, Part 20, Criminal Justice Information Systems, Part
22, Confidentiality of Identifiable Research and Statistical Information, Part 23, Criminal Intelligence
Systems Operating Policies, Part 30, Intergovernmental Review of Department of Justice Programs and
Activities, Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures, Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal Assistance
Programs
12 It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate), Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the
Rehabilitation Act of 1973, as amended, Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990), Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Department of
Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G, and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
13 In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs
14 It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more
15 It will comply with the provisions of the Coastal Barrier Resources Act (P L. 97-348) dated October 19,
1982 (16 USC 3501 et seq ) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System
16 DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67 615 and 67 620
35