HomeMy WebLinkAbout2018-124THIS 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 "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 sub -award.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
➢ The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
➢ 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,
➢ The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub -Recipient agree to the following:
1. LAWS, RULES, REGULATIONS AND POLICIES
The Division and the Sub -Recipient shall be governed by all applicable Stater and Federal
laws, rules and regulations, including those identified in Attachment C. Any express reference in this
Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or
regulation applies.
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. 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal
award in accordance with state laws and procedures for expending and accounting for the state's own
funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance", applies to this Agreement.
C. This Agreement involves "Federal financial assistance," as that term is defined in
section 215.97(2)(0, Florida Statutes.
D. As required by Section 215.971 (1), Florida Statutes, this Agreement includes:
(1) A provision specifying a scope of work that clearly establishes the tasks that the
Sub -Recipient is required to perform.
(2) 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.
(3) A provision specifying the financial consequences that apply if the Sub -Recipient
fails to perform the minimum level of service required by the agreement.
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(4) A provision specifying that the Sub -Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
(5) A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
(6) 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.
2. TERMS AND CONDITIONS
This Agreement, to include the attachments, contains all the terms and conditions agreed
upon by the parties, which terms and conditions shall govern all transactions between the Division and
the Sub -Recipient.
3. EXECUTION
This Agreement may be executed in counterparts, each of which shall be an original and all
of which shall constitute but one and the same instrument.
4. MODIFICATION
This Agreement may only be modified or amended upon mutual written agreement of the
Division and the Sub -Recipient. No oral agreements or representations shall be valid or binding upon
either party to this Agreement.
5. SCOPE OF WORK
The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A and Attachment B of this Agreement.
6. CONTACT
A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
payment.
(1) Monitor and document Sub -Recipient performance; and,
(2) Review and document all deliverables for which the Sub -Recipient requests
B. The Division's Grant Manager for this Agreement is:
Kizzy K. Caban
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 815-4348
Email: kizzy.caban(&em.myflorida.com
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C. The name and address of the Representative of the Sub -Recipient responsible for
the administration of this Agreement is:
Tad Stone, Director
Indian River County Emergency Management
4225 43rd Avenue, Vero each, FL 32967
Telephone: (772) 226-3859
Fax: (772) 567-9323
Email: tstone@irc og v.com
D. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
7. PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2018 and shall end on
June 30, 20191, unless terminated earlier in accordance with the provisions of Paragraph (19) 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. Pre -award costs are allowable only with the prior written
approval of FDEM and are included in the award agreement. To request pre -award costs, a written
request must be included with the application and be signed by the Authorized Representative of the
entity. The letter must outline what the pre -award costs are for, including a detailed budget break-out of
pre -award costs from the post -award costs, and a justification for approval.
8. FUNDING
A. This is a cost -reimbursement Agreement, subject to the availability of funds.
B. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
C. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the
Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A and Attachment B of this Agreement ("Budget and Scope
of Work"). The maximum reimbursement amount for the entirety of this Agreement is $78,265.00
D. 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
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services") and 2 C.F.R. §200.431 ("Compensation fringe benefits"). If the Sub -Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an
established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
awards; and,
(1) They are provided under established written leave policies;
(2) The costs are equitably allocated to all related activities, including Federal
(3) 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.
E. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub -
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide
documentation that:
(1) 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,
(2) Participation of the individual in the travel is necessary to the Federal award.
F. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub -Recipient for attendance at a conference.
(1) 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar,
symposium, workshop or event whose primary purpose is the dissemination of technical information
beyond the non -Federal entity and is necessary and reasonable for successful performance under the
Federal award."
(2) Any reimbursement from the Division to the Sub -Recipient for the costs
associated with attending a conference is subject to the Department of Financial Services' Reference
Guide for State Expenditures, which states: "Reimbursement for registration fees and travel expenses in
connection with attendance at conferences or conventions will not be paid unless:
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a) "The main purpose of the convention or conference is directly related to the
statutory duties and responsibilities of the agency;
b) "The duties and responsibilities of the traveler is related to the objectives of
the convention or conference; and,
c) "The activity provides a direct benefit supporting the work and public purpose
of the person attending."
9. PAYMENTS
A. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub -
Recipient's quarterly reporting as referenced in Paragraph 15 of this Agreement.
B. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).°
C. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A
and Attachment B, that clearly delineates:
(1) The required minimum acceptable level of service to be performed; and,
(2) The criteria for evaluating the successful completion of each deliverable.
D. 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.
E. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
(1) 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,
(2) 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
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payment where insufficient or lack of documentation prevents a reviewer from discerning whether a
payment was proper.
F. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
G. 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.
10. 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.
11. PROCUREMENT
A. The Sub -Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non -Federal Entity Contracts Under Federal Awards").
B. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
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C. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub -
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
D. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to -2 C.F.R. §200.320(b), if the Sub -Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may:
(1) Terminate this Agreement in accordance with the provisions outlined in
paragraph 19 below; and,
subcontract.
(2) Refuse to reimburse the Sub -Recipient for any costs associated with that
E. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
F. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
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G. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any
procurement under this agreement "in a manner providing full and open competition." Accordingly, the
Sub -Recipient shall not:
business;
companies;
equivalent;
(1) Place unreasonable requirements on firms in order for them to qualify to do
(2) Require unnecessary experience or excessive bonding;
(3) Use noncompetitive pricing practices between firms or between affiliated
(4) Execute noncompetitive contracts to consultants that are on retainer contracts;
(5) Authorize, condone, or ignore organizational conflicts of interest;
(6) Specify only a brand name product without allowing vendors to offer an
(7) Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
(8) Engage in any arbitrary action during the procurement process; or,
(9) Allow a vendor to bid on a contract if that bidder was involved with developing or
drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals.
H. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
I. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
J. The Sub -Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b),
Florida Statutes.
K. For each subcontract, the Sub -Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub -Recipient shall comply with. the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms").
12. 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:
(1) If any litigation, claim, or audit is started before the expiration of the 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.
(2) 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.
(3) Records for real property and equipment acquired with Federal funds must be
retained for 3 years after final disposition.
(4) When records are transferred to or maintained by the Federal awarding agency
or pass-through entity, the 3 -year retention requirement is not applicable to the Sub -Recipient.
(5) 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.
(6) Indirect cost rate proposals and cost allocations plans. This paragraph applies to
the following types of documents and their supporting records: indirect cost rate computations or
proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular
group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit
rates).
D. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that
the records possess long-term retention value.
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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 Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub -
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
H. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
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The mere receipt of public funds byoprivate entity, standing alone, isinsufficient tobring that entity
within the ambit cfthe public record requirements. However, when mpub|icentity delegates apublic
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 isacting onbehalf ofapublic agency and istherefore subject hothe requirements ofFlorida's
Public Records Law.
i The Sub -Recipient shall maintain all records for the Sub -Recipient mndfovmU
subcontractors or consultants tobapaid from funds provided under this Agreement, including
documentation ofall program costs, inoformaufficientbodetarminecomp|iancmvvdhthenaquirements
and objectives ofthe Budget and Scope ofWork - Attachment /\' and all other applicable laws and
regulations.
13. INTELLECTUAL PROPERTY
A. Except eaprovided below, intellectual property rights toall property created or
otherwise developed under min connection with the performance of this Agreement are hereby reserved
to and shall be owned by the State of Florida.
BL If the has pre-existing intellectual property rights, then the Sub -
Recipient shall retain all rightsondenUUmment tuthat pre-existing intellectual property unless the
Agreement provides otherwise.
C. If any intellectual property is developed inthe course ofmmsoresult ofwork or
services performed under this Agreement, orinany way connected with it, the Sub -Recipient shall refer
the intellectual property to the Division for a determination whether the State of Florida will seek patent,
copyright, trademark, or other intellectual property protection in its name.
D. Within thirty days ofexecution ofthis Agreement, the Sub -Recipient shall disclose all
intellectual properties relating tothe performance of this Agreement which heorshe knows orshould
know could give rise to a patent, copyright, trademark, or other intellectual property protection. Failure to
disclose will indicate that nosuch property exists. The Division shall then, under Subparagraph Aabove,
have the right toall intellectual property which accrues during performance ofthe Agreement.
E. Ifthe Sub -Recipient qualifies aoestate university under Florida law, then, pursuant
to section 1�.23,Florida Statutes, any invention conceived exclusively by the employees of the Sub -
Recipient ahoUbeoometheoo|epnopartycfthaBub-Recipient |nthe case rfjoint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest inand bzsuch joint inventions. The Division shall retain a perpetual, irrevocable, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida
government purposes.
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14. AUDITS
A. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
B. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
C. When conducting an audit of the Sub -Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
D. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non-
compliance.
E. The Sub -Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub -Recipient's fiscal year.
F. The Sub -Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following
address:
DEMSingle Audit(@em.mvflorida.com
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
G. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.htmI
H. The Sub -Recipient shall send any management letter issued by the auditor to the
Division at the following address:
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OR
Office ofthe Inspector General
2555 Shumard Oak Boulevard
TmUahoamea Florida 32399-2100
15.REPORTS
A. Consistent with 2C.F.F{. §2UO.328.the Gub-RacipieahoU Sub -Recipient provide the Division with
quarterly reports and nclose-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 offunds under thisAgroernent.inadditionboanyotherinfonnoUonnaquesdedbythaQivision.
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 isdue GUdays after termination ofthis Agreement mv8Odays
after completion ofthe activities contained inthis Agreement, whichever first occurs.
D. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed nrmay take other action aostated in Paragraph (18) REMEDIES. "Acceptable hothe
Division" means that the vm»rk' noducivvaocomp|edadina000rdonoevv\ththeBudgetmndGnopeofVVork.
E. TheSub-Recipient shall provide additional program updates orinformation that may
berequired bythe Division.
F. The Sub -Recipient shall provide additional reports and information identified in
Attachment D.
16.
A. ThoG shall monitor its performanceunder 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 ufDeliverables and Scope ofWork are being
accomplished within the time periods, and other performancegoals are being achieved. A
review shall be done for each function or activity in Attachment A and Attachment B to this Agreement,
and reported inthe 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 monftoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is
14
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.
17. 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 (18); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
A. Any warranty or representation made by the Sub -Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub -
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
B. Material adverse changes occur in the financial condition of the Sub -Recipient at any
time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
C. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
D. The Sub -Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
18. 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
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 (6) herein;
Agreement;
B. Begin an appropriate legal or equitable action to enforce performance of this
C. Withhold or suspend payment of all or any part of a request for payment;
D. Require that the Sub -Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
15
E. Exercise any corrective or remedial actions, to include but not be limited to:
(1) Request additional information from the Sub -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 Sub -Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
(4) 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.
19. 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.
20. 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
16
the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
B. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
21. 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:
(1) Attachment A — Budget
(2) Attachment B — Scope of Work/Deliverables
(3) Attachment C — Program Statutes and Regulations
(4) Attachment D — Reports
(5) Attachment E — Justification of Advance Payment
(6) Attachment F — Warranties and Representations
(7) Attachment G — Certification Regarding Debarment
(8) Attachment H — Statement of Assurances
(9) Attachment I — Mandatory Contract Provisions
(10) Attachment J —Allowable Costs and Eligible Activities
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.
17
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:
(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
22(F)(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.
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.
18
H. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Sub -Recipient plans to fund under this
Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract
with any subcontractor.
I. The Division reserves the right to unilaterally cancel this Agreement if the Sub -
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this
Agreement.
J. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
K. The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
L. 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
activities.
A. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
B. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
C. No funds or other resources received from the Division under this Agreement maybe
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
D. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
(1) 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
19
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 Sub -Recipient shall
complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities."
(3) 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.
(4) 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)EQUAL OPPORTUNITY EMPLOYMENT
L. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
20
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of .the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
21
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor_ becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
M. The Sub -Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
N. The Sub -Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
O. The Sub -Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
22
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub -Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(25)COPELAND ANTI -KICKBACK ACT
The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(26)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
23
(27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub -Recipient, with the funds authorized, by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
(28)SUSPENSION AND DEBARMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
L This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii.. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
24
(29)BYRD ANTI -LOBBYING AMENDMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
A. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (1) through (5) of this section.
25
B. The requirement outlined in subparagraph A. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
C. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
D. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub -Recipient to break a single project down into
smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting").
(31)ASSURANCES.
The Sub -Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
(32)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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
INDIAN RIVER COUNTY
By:
U
Name and Title: Peter O'Blyan, Chairman
FID# 59-6000674
DUNS# 07-920-8989
Include a copy of the designation of authority for the signatory, if applicable.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and
Date: /4(.- 2v/d?
Attest: Jeffrey R. Smith, Clerk of
Court an omptroll
By:
e erk
istrator
ATTACHMENT A
*
Funding from the Emergency Management Performance Grant is intended for use by the Sub -
Recipient boperfoxnleH|gddamotivitieoaa|dentifiedinNotkeofFunding[}ppodbnUv(G[)FO).Fisca!
Year 2O18EK8pG.Appendix 8—FY2O18EK8PGFunding Guidelines and programs thsdano
consistent with 2C.F.R.Part 2DOondChapter 252.Florida Statutes.
� Below is general budget which outlines eligible categories under this award. The Su is to
utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet"
�
The Equipment category will require Authorized Equipment List (AEUreference number. The
Authorized Equipment List (AEUisalist ofapproved equipment types allowed under FEMA'n
preparedness grant proQnamo..The /\ELcan befound mt
0 The transfer offunds between the categories listed inthe Proposed Program Budget kapermitted. If
funds need tobamoved in categories,send arevised Proposed Program Budget toyour grant
manager.
ca
A11110 t6d
Planning
$3,300.00
FY 2018 — Emergency
Organization
$44,114.00
Management Performance
INDIAN RIVER COUNTY
Grant Program
Training
$30,851.00
Exercise
Equipment
Management and Administration
Expenditures (up to 5% of amount
:'Fl!.20.7,8': UDGE�-DETAIL-,WORKSHEET:-.,-,.'-,"
{=(Ndt.' jmited � Odivities,beil+ottir}. ='
Emergency Operation Plan
Communications Plans
Administrative Plans
Whole Community Engagement/Planning
Resource Management Planning
Shelter and Evacuation Planning
Recovery Planning
Continuity Planning
Hiring of full or part-time staff or contractors/consultants to
assist with planning activities (not for the purpose of hiring
public safety personnel fulfilling traditional public safety
duties
Materials required to conduct planning activities
Travel/per diem related to planning activities
1
3,300.00
3,300.00
',Al1!6*ab1e 4 rgand ation Cdsts
HIM
(aaart$i
Unit Coit.-
Total,Cost
Hiring of full or part-time staff or contractors/consultants
(temporary employees, student or graduate assistant
fellowships, part time academic employment, consultants and
other services
Utility (electric, water and sewage)
Telephone Sills (landlines, cellular and satellite)
Internet Services
Maintenance and Sustainment (maintenance contracts,
warranties, repair or replacement costs, upgrades and user
fees
1
44,114.00
44,114.00
Storage
Postage
Publications
Memberships
:E_
°TCTA"Oi2AlVlZATIQIEi ?(PNDITU
Allmwable Eudir6se=Costs1.1:.; °,`: as ri i~
'!Uii WC6st
Design, Develop, Conduct and Evaluate an Exercise
Full or Part -Time Staff or Contractors/Consuftants - (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.)
Overtime and backfill costs – related to backfilling personnel,
that are direct results of time spent on design, development
and conduct of exercise.
Travel - allowable expenses by employees who are on travel
status for official business related to planning and conduct of
exercise activities
Supplies - items that are expended or consumed during the
conduct of the exercise activities (e.g., copying paper, gloves,
tape, non-sterile masks, and disposable protective
equipment),
7 �DTAL, X 'I$e_EXPENDITU'
E Eft
a Ile LTNgoiii Wd'—,
WIlow B OS S�' 40
dilmtqy�;
Uffl
'TdtkFC6s
w
Aim"
Develop, Deliver and Evaluate Training
Overtime and backfill direct result of attendance at
DHS/FEMA and/or approved training course or program
Conferences
Full or Part -Time Staff or Contractors/Consultants
Certification/Recertification of Instructors
Travel
Supplies items that are expended or consumed during the
course of the training activities (e.g., , gloves, tape, non-sterile
masks, and disposable protective equipment)
Emergency Management Related Training Activities
1
30,851.00
30,861.00
�L.TRAININ XP', NDITURE-S',',..�.
30'85
Nb �Ouipm'ent'AedUisition Costs'
Q shtlity
U
Onit Cos;t
Tot6l Cost
An
pq
qyp _,E�
tgRN, E-A&6rbb -M k
1. pria s
nc
n jp Ey�
nt, =qp
Qq, en
M t �zVZ
21GN-00-OCEQ (EOC Supplies and equipment)
General Purpose Vehicles
M`�*'� J_
x a '
TOT DI
-ALE" NT TU Ele',
r
t' A
_UMV
_'T s '
Hiring of full-time or part-time staff or contractors/consultants:
to assist with the management of the respective grant
program; application requirements, and compliance with
reporting and data collection requirements
�,T
pT T
ATTACHMENT B
SCOPE OF WORK/DELIVERABLES
BACKGROUND
The Emergency Management Performance Grant (EMPG) subgrant agreement authorizes
reimbursement for eligible activities as identified in the Notice of Funding Opportunity (NOFO), Fiscal
Year 2018 EMPG, Appendix B — FY 2018 EMPG Funding Guidelines. EMPG Program Guidance,
FY2018 allowable costs are divided into the following categories:
• Planning;
• Organization;
• Training;
• Exercise;
• Equipment; and,
• Management and Administration.
Eligible activities are outlined in Allowable Costs and Eligible Activities. The EMPG's allowable costs
support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation,
Response, and Recovery mission areas described in the National Preparedness Goal. 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 by enhancing county emergency management plans and
programs that are consistent with the State Comprehensive Emergency Management Plan and Chapter
252, Florida Statutes.
Counties must be able to prepare for, respond to, recover from, and mitigate against natural and
man-made disasters/ emergencies. Each Emergency Management staff person must work the
number of hours and assume the responsibilities for the duties in their official position
description as well as provide the coordination and support for all incidents within their
jurisdiction.
By signing this Agreement, the Sub -Recipient certifies that it will use these funds to enhance the county's
Emergency Management Program.
MONITORING
Monitoring will be accomplished through desk -based reviews, 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 Sub -Recipient
agencies by a Division representative who examines records, procedures and equipment.
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.
32
PROCUREMENT
All Procurement transactions will be conducted in a manner providing full and open competition and shall
comply with the standards articulated in:
• 2 C.F.R. Part 200;
• Chapter 287, Florida Statues; and,
• Any local procurement policy.
Piggy -backing: The practice of one agency using another's procurement process and contractual
agreement is called piggybacking. For the piggybacking agency to receive reimbursement under this
Agreement, the original agency's procurement process must comply with all applicable laws and
regulations (e.g. 2 CFR 200.318-326). Additionally, the original 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. For example, the piggyback contract may not exceed the existing
contract in the scope of volume of goods or services. Finally, an agency may not use the preexisting
contract merely as a "basis to begin negotiations" for a broader or materially different contract.
Tasks:
At a minimum the County is to successfully complete the following tasks throughout the period of
performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or
working towards the completion of each task. All back-up documentation listed below shall be uploaded
to the Division's SharePoint portal, https:Hportal.floridadisaster.org
1. Match. Throughout the period of performance for this Agreement, the Sub -Recipient shall use non -
Federal funds to match dollar for dollar all funds provided under this Agreement.
Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with
the match portion of your close out report. If your proposed match plan changes, an update shall be
provided. NOTE: If the federal obligation exceeds EMPA then you need to identify the other non-
federal match. In the space provided on the form, provide a narrative description on how you plan to
meet the dollar for dollar match requirement.
Deliverables (due each quarter):
• Quarterly Match Form (Form 3A); and,
• Receipts, expense reports, or similar pieces of documentation that demonstrate Sub -
Recipient expenditures at least equal to the amount of reimbursement requested for that
quarter.
2. National Incident Management System ("NIMS"). Throughout the period of performance for this
Agreement, the Sub -Recipient shall utilize NIMS.
NIMS is a comprehensive, national approach to incident management that is applicable at all
jurisdictional levels and across functional disciplines. It is intended to:
• Be applicable across a full spectrum of potential incidents, hazards, and impacts, regardless
of size, location or complexity;
• Improve coordination and cooperation between public and private entities in a variety of
incident management activities; and,
• Provide a common standard for overall incident management.
NIMS provides a consistent nationwide framework and approach to enable government at all levels
(Federal, State, tribal, and local), the private sector, and nongovernmental organizations (NGOs) to
33
work together to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents
regardless of the incident's cause, size, location, or complexity.
Consistent application of NIMS lays the groundwork for efficient and effective responses, from a
single agency fire response to a multiagency, multijurisdictional natural disaster or terrorism
response. Entities that have integrated NIMS into their planning and incident management structure
can arrive at an incident with little notice and still understand the procedures and protocols governing
the response, as well as the expectations for equipment and personnel. NIMS provides commonality
in preparedness and response efforts that allow diverse entities to readily integrate and, if necessary,
establish unified command during an incident.
Deliverable (due second quarter):
• The Sub -Recipient shall complete a NIMS survey in the Division's SharePoint portal. This
survey is designed to provide a self-assessment instrument to evaluate and report on your
jurisdiction's implementation of the National Incident Management System (NIMS).
3. Capabilities. Each person serving in a position that is funded at least in part by this Agreement
SHALL complete the following training requirements and record proof of completion:
• NIMS Training, Independent Study (IS) 100 (any version), IS 200 (any version), IS 700 (any
version), and IS 800 (any version)
• Professional Development Series (PDS) orthe Emergency Management Professional
Program (EMPP) Basic Academy (E/L101 thru 105) delivered either by the Emergency
Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other,
designated location.
Deliverable (due each quarter):
• Provide a current version of the Staffing Detail Form (Form 4); and,
• Provide current course completion documentation for all personnel listed on Form 4.
NOTE: For quarters 2, 3, and 4, additional course completion documentation is required only if:
• Personnel listed on the Staffing Detail Form successfully complete additional courses; and/or,
• New personnel are listed on the Staffing Detail Form.
4. Planning, Training. and Exercises. The Sub -Recipient shall develop and maintain a Multi -Year
Training and Exercise Plan ("MYTEP") that identifies a combination of exercises and associated
training requirements that address priorities identified in the TEPW and builds from training gaps
identified in the THIRA/SPR process.
Planning efforts should demonstrate whole community engagement to create a strategic, operational,
and/or community-based approach to preparedness.
Training activities must enhance the capabilities of emergency management personnel, including
establishing, supporting, conducting, and attending training deliveries. Training activities should align
to a current, MYTEP developed through an annual Training and Exercise Plan Workshop (TEPW)
and should reflect efforts to address training capabilities gaps through the RTIIP.
Exercises conducted with grant funds should test and evaluate performance towards meeting
capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its
greatest risks. Exercise priorities should align to a current, Multi -Year TEP developed through an
annual TEPW:
Deliverable (due every quarter):
• The percentage of completed training and exercise activities listed on the current MYTEP.
34
5. Strengthening Governance Integration. Each quarter, the Sub -Recipient shall conduct
Strengthening Governance Integration ("Stakeholder") conference calls or meetings and shall invite
the following stakeholders:
• The County Sheriff;
• Each Fire Control District in the County;
• Each municipal Emergency Management Director in the County;
• Each municipality in the County (only if there is no EM Director for the municipality);
• Each school district in the County (to include the Florida School for the Deaf and Blind, the
Florida Virtual School, the Okeechobee Youth Development Center, as well as the laboratory
schools operated by university and colleges in your jurisdiction);
• Each state university and state college in the County; and,
• Each Voluntary Organization Active in Disasters ("VOAD") with a significant presence in the
County.
Attendance at a conference call or meeting is not mandatory for the Stakeholders listed above;
however, the Sub -Recipient must invite each Stakeholder to at least one call or meeting each quarter.
The Sub -Recipient is not required to invite each Stakeholder to every call or meeting; but, each
stakeholder must be invited to at least one call or meeting with the Sub -Recipient every quarter.
For the Florida Virtual School, which lists a physical address in Orlando, Florida, only Orange County
is required to include that particular school district as a Stakeholder.
DHS/FEMA preparedness grant programs are intended to support the core capabilities across the
five mission areas of Prevention, Protection, Mitigation, Response, and Recovery that are necessary
to prepare for incidents that pose the greatest risk to the Nation's security. Each program reflects the
Department's intent to build and sustain an integrated network of national capabilities across all levels
of government and the whole community. Disparate governance structures must be integrated and
refined to ensure resources are targeted to support the most critical needs of a community based on
risk -driven, capabilities -based planning. Strong and inclusive governance systems better ensure that
disparate funding streams are coordinated and applied for maximum impact.
DHS/FEMA requires that all governance processes that guide the allocation of preparedness grant
funds adhere to the following guiding principles:
• Coordination of Investments: Resources must be allocated to address the most critical
capability needs as identified in the SPR and coordinated among affected preparedness
stakeholders;
• Transparency: Stakeholders must be provided visibility on how preparedness grant funds are
allocated and distributed, and for what purpose;
• Substantive Local Involvement: The tools and processes that are used to inform the critical
priorities, which DHS/FEMA grants support, must include local government representatives.
At the state and regional levels, local risk assessments must be included in the overarching
analysis to ensure that all threats and hazards are accounted for;
• Accountability: DHS/FEMA recognizes that unique preparedness gaps exist at the local
level. Grantees are responsible for ensuring the effective use of funds to address those gaps
and for maintaining and sustaining existing capabilities; and,
• Support of Regional Coordination: Inter/intra-state partnerships and dependencies at the
state and regional levels, including those within metropolitan areas, must be recognized.
Deliverables (due each quarter):
• Provide the Division with a list of each stakeholder invited to each Stakeholder conference
call or meeting; and,
35
• Provide the Division with meeting notes that accurately document the content of the
discussions during each Stakeholder conference call or meeting.
6. Strengthening Governance Integration. The Integrated Public Alert and Warning System (IPAWS)
is a comprehensive, coordinated, integrated system that can be used by authorized public officials to
deliver effective alert messages to the American public. IPAWS is the nation's next -generation
infrastructure of alert and warning networks. IPAWS ensures the President can alert and warn the
public under any condition. Additionally, IPAWS will provide Federal, State, territorial, tribal, and local
warning authorities the capabilities to alert and warn their communities of all hazards impacting public
safety and well-being via multiple communication pathways. FEMA is upgrading the alert and warning
infrastructure so that no matter what the crisis, the public will receive life-saving information via at
least one path. The following steps need to be accomplished not later than quarter 3 to satisfy
deliverable requirements:
1. https://www.fema.gov/how-sign-ipaws
2. County emails FEMA requesting IPAWS capability IPAWS@fema.dhs.gov
3. FEMA sends the county an application
4. County completes application and returns to FEMA IPAWS@fema.dhs.gov
5. FEMA sends the county an unsigned MOA, unsigned PAA form, and link to IPAWS online
training
6. https://training.fema.gov/is/courseoverview.aspx?code=lS-247.a
7. County signs MOA, obtains state signature on PAA form, takes online training... sends
everything to FEMA
8. FEMA signs the MOA, sends completed paperwork and digital certificate to county, and
enables their access in the system
Other recommendations:
If you are using Everbridge and EMnet please put both on the applications.
https://training.fema.gov/is/courseoverview.aspx?code=IS-251
Deliverable (due third quarter):
• The sub -recipient shall upload FEMA IPAWS MOA in the Division's SharePoint portal.
36
REIMBURSEMENT CONDITIONS:
Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient on a
quarterly basis for the documented costs incurred during the successful completion of the task(s) required
bythis Agreement. However, the following limitations shall apply:
m In any quarter, the Division shall not reimburse the Sub -Recipient for anamount that exceed
4O96ofthe overall amount authorized bvthis Agreement; and,
* The cumulative amount of reimbursement for quarters 1, 2, and 3 shall not exceed 85% of the
overall amount authorized bythis Agreement.
Ifextraordinary circumstances exist, then the Sub -Recipient can request permission from the Division to
exceed the 406cap for aparticular quarter. However, under nocircumstances shall the cumulative
reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this
Agreement.
FINANCIAL CONSEQUENCES:
Failure to successfully complete each of the required tasks, as demonstrated by the failure bosatisfy the
applicable deliverables, shall result inthe following penalty:
* A10% reduction ofthe overall amount authorized bythis Agreement.
The Diviskznshall applyth penalty each quarter during which the Sub -Recipient fails hosuccessfully
complete each ofthe required tasks. During this Agreement, uptofour penalties may beimposed; and,
each penalty shall beapplied cumulatively.
If, because ofcircumstances beyond the Su control, the Sub -Recipient isunable tn
successfully perform a task required by this Agreement, then the Sub -Recipient shall notify the Division
immediately. If the Division agrees that the inability bm perform was directly due to circumstances beyond
the control of the Sub -Recipient, then the Division will consider waiving the imposition of a financial
consequence.
37
ATTACHMENT C
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
U.S.C. § 3801-3812
15. Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118
16. Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a
17. Lobbying Prohibitions 31 U.S.C. § 1352
18. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq.
19. Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20. Terrorist Financing Executive Order 13224
21. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
U.S.C. § 1681 et seq.
22. Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
23. Rehabilitation Act of 1973 Section 504_29 U.S.C. § 794
24. USA Patriot Act of 2001 18 U.S.C. § 175-172c
25. Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. §
26. 2324, 41 U.S.C. § § 4304 and 4310
27. 53 Federal Register 8034
28. Rule Chapters 27P-6, 27P-11 , and 27P-19, Florida Administrative Code
29.2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
30. To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200
shall apply
38
ATTACHMENT D
REPORTS
The Sub -Recipient shall provide the Division with quarterly financial reports and a final close-out report.
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.
Reporting Period
Report due to FDEM no later than
July 1 through September 30
October 30
October 1 through December 31
January 30
January 1 through March 31
Aril 30
April 1 through June 30
July 30
The Sub -Recipient shall provide the Division with full support documentation for the
quarterly financial reports.
A. The Quarterly Tasks Form is due with your quarterly financial report each quarter. This
form identifies EMPG funded employees, the required training completed (or working
towards completion), and the required amount of exercises during the agreement period.
B. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare
with the match portion of your close out report. If your proposed match plan changes an update
shall be provided. Federal funds provided under this Agreement shall be matched by the Sub-.
Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the
federal obligation exceeds EMPA then you need to identify the other non-federal match. In the
space provided on the form, provide a narrative description on how you plan to meet the dollar for
dollar match requirement. The Proposed Match form must be signed by the Chief Financial
Officer or equal authority.
C. The Quarterly Match Form (Form 3A) is due each quarter for Sub -Recipients using local funds to
match the federal obligation. The Sub -Recipient must provide supporting documentation of
matching funds (i.e. invoices, canceled checks, general ledger, earning statements, payroll
registries, etc.). Cost -matching requirements are in accordance with 2 C.F.R. 200.306. To meet
matching requirements, the Sub -Recipient contributions must be verifiable, reasonable, ,
allowable, allocable, and necessary under the grant program and must comply with all Federal
requirements and regulations.
D. The final Close Out report is due sixty (60) days after termination of this Agreement. Federal
funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from
non-federal funds. If the funds are being matched with EMPA and are less than the expended
EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG
funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting
documentation needs to be provided (i.e. invoices, canceled checks, general ledger, earning
statements, payroll registries, etc.).
39
E. Programmatic Point of Contact:
Contractual Point of Contact
Programmatic Point of Contact
Kizzy K. Caban
Karen Lyons
FDEM
FDEM
2555 Shumard Oak Blvd,
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Tallahassee, FL 32399-2100
(850) 815-4348
(850) 815=4325
kizzy.caban2em.myflorida.com
I karen.lyons@em-myflorida.com
• The Division shall determine eligibility of projects and approve changes in Scope of Work.
• The Division shall administer the financial processes.
EM
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
(list applicable line items)
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)
41
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).
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 -5:00 PM Monday through Friday_
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.
42
ATTACHMENT G
EEL
n Ineli`� ibil``
9_ -
4-
Eicc is`on
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 DEM Contract Number
Street Address Project Number
City, State, Zip
Date
43
ATTACHMENT H
STATEMENT OF ASSURANCES
The Sub -Recipient hereby assures and certifies compliance with all Federal statutes, regulations,
policies, guidelines and requirements, including 2C.F.R.Part 2UD; E.O.12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule,
that govern the application, acceptance and use of Federal funds for this federally -assisted project./Uoo
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 of197O(P.LS1-646)which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally -assisted programs.
2.Kwill comply with provisions of Federal law which limit certain political activities of employees of a
State orlocal unit ofgovernment whose principal employment isinconnection with anactivity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3.Itwill comply with the minimum wage and maximum hours provisions ofthe Federal Fair Labor
Standards Act.
4. Itwill establish safeguards toprohibit employees from using their positions for opurpose that isor
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
access to and the right to examine all records, books, papers, ordocuments related bothe grant.
6.|twill comply with all requirements imposed bythe Federal sponsoringagency concerning special
requirements oflaw, program requirements, and other administrative requirements.
7bwill ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment ofthe projectare not listed onthe Environmental Protection Agency's (EPA) list of
Violating Facilities and thmtitwill notify the Federal grantor agency ofthe receipt ofany communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the projectin
under consideration for listing bythe EPA.
8.kwill comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of1Q73.Public Law 83-234.87Stat. 875.approved December 31.1S78.Section 102(a)
requires, on and after March 2, 1976, 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 aaanarea 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
44
Historical Preservation' Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its sub -recipients 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 Sub -Recipient of funds, the Sub -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.
45
ATTACHMEMT L
MANDATORY CONTRACT PROVISIONS
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the require provisions.
The Division provides the following list of sample provisions that may be required:
we
OMB Guidance
(D) Davis -Bacon Act, as amended (40 U,S,C.
31414149). Whan required by Federal program
legislation. all prime construction contracts
In excess of S2,ODD awarded by non -Federal
entitles must include a provision for rompli-
ance witb the Davis -Saco¢ Act (40 U.S.C,
3141-3144, and 2146-3'190) as suppleinented by
Department of Labor regulations, (M CFR
Part o, "Labor Standards Provisions Appli-
cable to Contracts Coveting Federally Pi -
danced and Assisted Construction"), In ac-
cordance with the statute, contractors must
be required to pay Rages to laborers and me-
chanlos at a rate not fess than the prevailing
wages specified in a wage determination
made by the Sacretary of Labor. In addition.
contractors must be, required to pay wages
not less than once a weak. The non-PederaI
entity must, place a copy of the current pre-
vailing wage detorubtation issued by the De-
partment of Labor in each solicitation. The
decision to award a contract or subcontract
must be conditioned upon the acceptance of
the wags determination, The non -Federal en-
tity must report all suspact6d ,or reported
violations to the Federal awarding agency,
The, contracts must also Include a provision
for compliance with the Copeland "Antl-
Kickback" Act (40 U,S,C, 2145), as suppl&
manted by Departnnent of Labor r6gulatl6ns
(2D CFR Part 3, -'Contractors and Sub=
contractors on Public Building or Public
Work Financed in Whole or in Part by Loans
or Grants from the United States"), The Act
provides that each 'contractor or sub-
raciplant must be prohibited from inducing,
by any means, any parson employed in the
construction, completion, or repair of public;work, to give up any part of the.compensa.-
tion to which he or she is otherwise antltled.
The non-Federal,antity must report all,sus-
pacted or reported violations to the Paderal
awarding agency -
(E) Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 -MR), Where
appllcabie, all contracts awarded b` the non -
Federal entity in excess of $100,0M that in-
volve the emplo_vmznt of me chazd6s or labor-
ers must include a provision for compliance
.with 4D U.S.C. 3702 and 3700 as 'supplemented
by Department of Labor regulations (20. CFR
Part 5). Under 40 U.S.O. 3-jM of the Act. each
contractor must be required to compute the
wages of every mechanic and latarar on the
psis of a standard work week of 49 hours,
Work in excess of the standar(i work weak is
.
permissible provided that the worker is'com-
pansated at a rata of not loss than one and a
half times the basic rate of pay for�all hours
worked in excess of 40 hours in the work
week. Tha'rsquirements of 40 U.S.C. 3704 are
applicable to construction work and provide
that no laborer or mechanic 'must be re-
quired to work In surroundings or under
working conditions which are unsanitary,
hazardous or dangerous, These requirements
do not apply to the, purchases of supplies or
Pt. 200, APP. II
materials or articles ordinarily available on
the open market, or contracts for trampor-
tation or transmission of intelligence.
(F)Rights to Inventions -Made Under a
Contract or Agreement, If the Federal award
meets the definition of "fundin agreement"
under 27 CFR §101.2 (a) and the recipient or
subreciplent wishes to enter Into a contract
with a small business firm or nonprofit orga-
nization regarding the substitution of par-
ties, assignment or 'performance of expert -
mental, developmental; or research work
under that "funding agraement," the recipi-
out or suirrecipient must comply with the re-
quirements. of 37 CFR Part 402, "Rights to In-
ventions Made by Nonprofit Organizations
and Small Business Firms Under Govern-
mant Grants, Contracts and Cooperative
Agreements." and any implementing resmla-
tiahs issued by the awarding.agency.
(G) Clean Air Act (LL4 U,S,C- 7401-767iq-) and
tha.Pedaral water Pollution Control Act (33
U_3.C. 12u1=1367), as amended—Contracts and
subgrants of amountsin excess of $150,000
must -contain a provision that requires the
non -Federal award to agree td eomply,wlth
all 'applicable standards, orders or regula-
tions issued pursuant.to the Clean Air Act
(42 U.5,0: 7441 767Iq) and the Federal Water
Pollution Control Act as amended (33 U.S.G,
13b1-1397). Violations must be reported to the
Federal'awarding agency and the Regional
Office of the Envlronmental' Protection
Agency (WA).
(H) Mandatbry standards and policies re-
iating th anergy effic*6y which are con-
talned in iiia stAti? matey consan�ation plan
Issued In- compliance with the Energy Policy
and Conservation Act (42,U,S.C. S20I),
(I)'Dabarmant .and Suspension (Executive
Orders 12549and 12699)—A contract• award
(see 2 CFR HIM) must not be made to par-
ties listed on the gogerumeutwide.Excluded
Parties.Llst.Systern in the System for Award
Management {5454), in accordance with the
OMB s'oidelines at'2 CPR 190 that implement
Executive Orders -12540 (3 CFR Part 1996
Comp., p_ 109) and I= (3 CFR Part 1099
Camp:, p. 235), "Debarment and Suspension,"
The Egeluded Parties List Systam in SAM
contains the names of parties debarred, sus-
pend§d, or otherwise excluded by agencies, as
well as parties deuliired meligibla under stat
utery or itgulatory anthority other than Ex-
ecutive order 12549, .
(.I) Byrd Alfa -Lobbying Amendment {31
U.S.C. 13a?`r—Contractors that apply or bid
for an award of SSOO;000 or more must file the
required certification. Each tier certifies to
the tier 'above that it will not and has net
used Federal appropriated funds to pay any
person or organization for influencing or at-
tempting to influence an officer or employee
of any agency, a member of Congress, officer
or employes of Congress, or. an employee of a
member of Congres's in comiaction with ob-
taining adv Federal contract, grant or any
195
47
Pt. 200, App. ill
other award covered by 31 U.S.C_ 1362. Fach
tier must also disclose any Iobbti-iac with
non -Federal funds that tapes place in con-
nectidn with obtaining any Federal award.
Such disclosures are forwarded from tier to
tier up to the non -Federal award.
(K) See §90.322 Procureinant of recovered
materials.
AFFEitiIDLS III TO PART 200—IiiDIRECT
(F&,,A) COSTS ID-ENTIFICATION AND
ASSIGNmmiT, Ah -D RATE DETERmLYA-
TION FOR INSTITUTIONS OF IIIOHER
EDIfCATION (HIP -1)
A. GIC4iram.
This appendix provides criteria for Identi-
fying and computing indirect (or indirect
(P&A)) raters at Ms (institutions). Indirect
(RU) costs are those that axe Incurred for
common or joint objectives and therefore
cannot be identified readily and spectfleaily
with a particular sponsored `project, an in-
stracticnaI activity, or any other "Instita-
tionai activity. Sea subseetlon"'BI, Defini-
tion of Facilities and Administration °for a'
discussion of the components of indirect
(F&iA) costs_
1. Mafor Functians of an Inzatutfox
Refers to instruction, organized research.
other sponsored activities and other tnstltu-
tional activities as defined in this section,
a, hastractior means the teaching and
training activities of an institution, Except
for research" trsinigg as provided in sub-
section b, this terra Includes all teaching and
training activities, whether they are offered
for credits tovc-ard a degree or certificate or
on a non-credit basis. and whether they are
offered through regular "academic depart-
ments or separate divisions, such as a sum-
mer schooldivision or an extension "division.
Also considarad"part of this major function
are departmental research. and. when
agreed to, university research.
(1) Sprrnsored instruction and training means
specific' instructional or training activity es-
tablished by .grant, contract. or cooperative
agreement. For purposes of the cost prin-
ciples, this activity may be considered a
major function even thougb an institution's
accounting treatment may include it in the
instruction function.
(2). Deportmentai researcle means research,
development" and scholarly activities that
are not organized research anti. �on-
sequently, are not separately budgeted and
accounted for, Departmental research; for
purposes of this document, is not considered
as a major function, but as a part of the in-
struction function of the Institution.
b. Organized research means all research
and developsient activities of an Institution
that are separately budgeted and accounted
for. It includes:"
2 CFR Ch. 11 (1-1-14 Edition)
(I} Spansured research means all research
and development activities that are spon-
sored by Federal "and non -Federal agencies
and organizations. This term includes activi-
ties involving the training of individuals in
research techniques (commonl: called re-
search training) where such activities utilize
the same facilities as other research and de-
velopment activities and where such activi-
ties are not included in the instruction func-
tion.
(2} In:iaersitft research means all research
and development activities that are sspa,-
ratel.F budgeted and accounted for by the in-
stitutiori under an internal appllrctlon of in-
stitutional funds. University research, for
purposes of this dociaruent, must be com-
bined with sponsored research under the
function of organized research,
c, tither sponsored actiLitles means programs
and projects financed by Federal and non -
Federal agancles and organizations which in-
volve the performance afwork other than in-
struction and 6iganlzed research. Examples
of sucli programs' and projects are health
ssrsice projects and community serv]ce pro-
grams. However. when any of these activities
are undertaken by the institution without
outside support. they" may be classified as
other, Insb"ational activities.
d. Other institution.! activities mem all ac-
tivities of an institution except for rnstruc-
tion. departmental research, organized ra-
search, ami"other"sponsored activities, as de-
fined jai"this section: indirect (P&A) cost ac-
tivlti"es identified in this Appendix para-
graph B. Identification and assignment of in-
direct (F&A)'costs; aiA spaclalized services
facilities described in 56.468 Speciaitza_d
servic2 facilities of this Part,
aamples-of other institutional activities
Include operation of residence halls, dining
hails; hospitals and clinics; student anions,
tntercollegiats athletics, book stores. faculty
housing, stu6ht apartuaents_ guest houses,
chapels, theaters, public museums. and other
similar auxillaf enterprises. This deflnition
also includes any other categories of achvi-
ties, costa of " which are "unallowable" to
Fadora.I awards, unless 6therwiso indicated
In an award.
2. britt is for Distributions
A. Base period. A tease period for distribn-
tion of Indirect W&14) costs is the period
during which the costs are incurred. The
base period normallg should coincide with
the fiscal year established by the institution,
but in any avant the base period should be so
selected as, to avoid inequities in the dis-
tribution of costs.
b. Nved fair cost oruuptacgs. The overall ob-
jectiva of the indirect (P&A) cost allocation
process isto distribute the indirect (P&A)
costs described in Section B. Identification
and assignment of indiract (P&A) costs, to
196
48
ATTACHMENT J
ALLOWABLE COST AND ELIGIBLE ACTIVITIES
I. Categories and Eligible Activities
The 2018 EMPG Funding Guidance allowable costs are divided into the following categories: planning,
organization, training, exercise, equipment, and management and administration.
Allowable Costs
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 engage
the whole community in the development of a strategic, operational, and/or community-based
approach to preparedness.
Plans should have prior review and approval from the respective DEM state program. Funds
may not be reimbursed for any plans that are not approved.
EMPG Program funds may be used to develop or enhance emergency management planning
activities.
Some examples include:
• Emergency Operation Plans
• Communications Plans
• Administrative Plans
• Whole Community Engagement/Planning
• Resource Management Planning
• Sheltering and Evacuation planning
• Recovery Planning
• Continuity Plans
• Federal (and Mutual Aid) Emergency Response Official (F/ERO) Credentialing and Validation
Planning Costs Supporting Documentation: Provide copies of completed plan, contracts, MOUs
or agreements with consultants or sub -contractors providing services. Copies of invoices/receipts and
canceled checks or general ledger for proof of payment.
B. Organization
EMPG Program funds may be used for all -hazards emergency management operations, staffing, and
other day-to-day activities in support of emergency management. Sub -Recipients are encouraged to
fund at least one dedicated Planner, Training Officer, and Exercise Officer. Personnel costs,
including salary, overtime, compensatory time off, and associated fringe benefits are allowable costs
with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost
Principles.
The Quarterly Tasks (Form 1 B) is due every quarter with your quarterly financial report. This is to
identify all EMPG funded employees, the completion of the required training (or working towards
completion) and the required amount of exercises during the agreement period.
Eligible "Organization Cost" items include, but are not limited to:
• Utility (electric, water and sewage)
49
• Telephone Bills (landlines, cellular, and satellite)
• Internet Services
• Maintenance and Sustainment Agreements (reimbursement can only be claimed for services
within the Agreement period)
• Publications
• Memberships
• Postage
• Other Personal/Contractual Services
• Reimbursement for services by a person(s) who is not a regular or full time employee filling
established positions. This includes but is not limited to, temporary employees, student or
graduate assistants,, fellowships, part time academic employment, board members,
consultants, and other services.
• Consultant Services require a pre -approved Contract or purchase order by the Division.
Copies of additional quotes should also be supplied when requesting pre -approval. These
requests should be sent to the grant manager for the Division for review.
Maintenance and Enhancement
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment (Need prior EHP approval)
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation (Need prior EHP approval)
Organization Costs Supporting Documentation: For salaries and expenses, supply copies of
certified timesheets documenting hours worked and proof employee was paid (i.e., earning
statements/payroll registries). Expense items need to have copies of invoices/receipts and canceled
checks or general ledger for proof of payment. All documentation for reimbursement MUST include
exact amounts and MUST be clearly visible and defined (i.e., highlighted, underlined, circled &/or
individually identified on a spreadsheet).
C. Training
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. Further guidance concerning the TEP and the TEPW can.
be found at http://www.fema.gov/exercise. 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.
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; Sub -Recipients 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.gov/training-0.
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/nims-
doctrine-supporting-guides-tools.
Professional Development Series courses include:
• IS -120.a An Introduction to Exercises
• IS -230.d Fundamentals of Emergency Management
• IS -235.b Emergency Planning
• IS -240.b Leadership and Influence
50
• IS -241.b Decision Making and Problem Solving
• IS -242.b Effective Communication
• IS -244.b Developing and Managing Volunteers
To ensure the professional development of the emergency management workforce, the Sub -
Recipients must ensure a routine capabilities assessment is accomplished and a TEP is developed
and implemented.
For additional information on review and approval requirements for training courses funded with
preparedness grants please refer to the following policy: http://www.fema.gov/media-librarv-
data/1115d44e06367bb89510aafbe79cl875/FINAL GPD+Training+Three+for+Free+Policy 09+10+
13. pdf.
Additional types of training or training related activities 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
• State -approved, locally -sponsored CERT training
• Mass evacuation training at local, state, and tribal levels
Allowable training -related costs include the following:
• Develop, Deliver, and Evaluate Training. This 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 Multi-year TEP and addressed in the training cycle. States are encouraged to use existing
training rather than developing new courses. When developing new courses states are
encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE)
model for instruction design.
• Overtime and Backfill. The entire amount of overtime costs, including payments related to
backfilling personnel, which are the direct result of attendance at FEMA and/or approved training
courses and programs are allowable. These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the state or unit(s) of local government and has
the approval of the state or FEMA, 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, and 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 or
contractors/consultants 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.
• 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.
• Conferences.
The Division recognizes the important role that conferences can play in the professional
development of emergency managers.
51
2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium,
workshop or event whose primary purpose is the dissemination of technical information beyond
the non -Federal entity and is necessary and reasonable for successful performance under the
Federal award."
Rule 691-42.002(3), Florida Administrative Code, defines the term conference as:
[T]he coming together of persons with a common interest or interests for the
purpose of deliberation, interchange of views, or for the removal of differences or
disputes and for discussion of their common problems and interests. The term
also includes similar meetings such as seminars and workshops which are large
formal group meetings that are programmed and supervised to accomplish
intensive research, study, discussion and work in some specific field or on a
governmental problem or problems. A conference does not mean the coming
together of agency or interagency personnel.
In order for travel to a conference or convention to qualify for reimbursement, the cost must be
reasonable and attendance at the conference must be necessary for the successful completion of
a task required by this Agreement.
Provided the cost qualifies as reasonable and necessary for the successful completion of a task
required by this Agreement, travel to a conference that complies with the requirements of Rule
691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference
travel under this Agreement.
In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall
be expended for attendance at conferences or conventions unless:
• The main purpose of the conference or convention is in connection with the official
business of the state and directly related to the performance of the statutory duties and
responsibilities of the agency participating;
• The activity provides a direct educational or other benefit supporting the work and public
purpose of the person attending;
• The duties and responsibilities of the traveler attending such meetings are compatible
with the objectives of the particular conference or convention; and
• The request for payment of travel expenses is otherwise in compliance with these rules."
Provided the cost qualifies as reasonable and necessary for the successful completion of a task
required by this Agreement, and provided any related travel complies with the requirements of
Rule 691-42.004, .Florida Administrative Code, conferences may qualify for reimbursement under
this Agreement:
Requests for reimbursement for payment of the registration fee or for a conference or convention
must include:
• A statement explaining how the expense directly relates to the Recipient's successful
performance of a task outlined in this Agreement;
• A copy of those pages of the agenda that itemizes the registration fee;
• A copy of local travel policy; and,
• A copy of the travel voucher or a statement that no travel costs were incurred, if
applicable.
52
When a meal is included in a registration fee, the meal allowance must be deducted from the
reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See
section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be
reimbursed for any meal or lodging included in a convention or conference registration fee paid
by the state."). A continental breakfast is considered a meal and must be deducted if included in
a registration fee for a convention or conference. However, in the case where a meal is provided
by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law.
Class A, Class B, and Class C Travel:
Class A travel is continuous travel of 24 hours or more away from official headquarters.
The travel day for Class A is based on a calendar day (midnight to midnight).
Class B travel is continuous travel of less than 24 hours which involves overnight
absence away from official headquarters. The travel day for Class B travel begins at the
same time as the travel period.
Class C travel is short or day trips in which the traveler is not away from his/her official
headquarters overnight. Class C allowances are currently not authorized for
reimbursement.
Meal Allowance and Per Diem:
Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a
travel period as follows:
• $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.);
• $11 forlunch (when travel begins before 12 noon and extends beyond 2 p.m.); and,
• $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when
travel occurs during nighttime hours due to special assignment.).
Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are
allowed:
• The authorized per diem.for each day of travel; or,
• If actual expenses exceed the allowable per diem, the amount allowed for meals as
provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single
occupancy rate.
Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class
A or when travel begins for Class B travel. Travelers may only switch from actual to per diem
while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who
elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of
departure until the time of return.
Reimbursement for Meal Allowances That Exceed the State Rates:
The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for
lunch, or $19 for dinner, unless:
For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied;
The costs do not exceed charges normally allowed by the Recipient in its regular
operations as the result of the Recipient's written travel policy (in other words, the
reimbursement rates apply uniformly to all travel by the Recipient); and,
The costs do not exceed the reimbursement rates established by the United States
General Services Administration ("GSA") for that locale (see
https://www.gsa.gov/portal/content/104877 .
53
Hotel Accommodations:
A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles
(one-way) of his or her headquarters or residence unless the circumstances necessitating the
overnight stay are fully explained by the traveler and approved by the Division.
Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed
$150 per night.
Travel Reimbursement Forms:
Unless the Recipient has received prior approval from the Florida Department of Financial
Services ("DFS"), the Recipient shall use the travel forms incorporated by reference in Rule 691-
42.003, Florida Administrative Code. Those forms include:
• The Authorization to Incur Travel Expense, Form DFS -AA -13;
• The Application for Advance on Travel Expenses, Form DFS -AA -25; and,
• The Voucher for Reimbursement of Travel Expenses, Form DFS -AA -15.
If the Recipient has not received permission from DFS to use an alternate form, and if the
Recipient submits a request for reimbursement without including the applicable DFS forms listed
above, then the Division shall not provide any reimbursement for that travel.
Training Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements
with consultants or sub -contractors providing services. Copies of invoices/receipts and canceled
checks or general ledger for proof of payment and a copy of the agenda and sign in rosters (if
using pre populated sign in sheets they must be certified by the Emergency Management Director
or Lead Instructor verifying attendance).
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. If the Sub -
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section
112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -
Recipient must provide documentation that: The costs are reasonable and do not exceed charges
normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's
written travel policy; and participation of the individual in the travel is necessary to the Federal
award.
If cancelled checks are NOT available, copies of the general ledger MUST be provided.
D. Exercises
Allowable exercise -related costs include:
• 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. Sub -Recipients 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. Gaps identified during an exercise including those for children and individuals with
54
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 FEMA, 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 FEMA, 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.
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).
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. Sub -Recipients 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 are allowable.
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
Exercise Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements
with consultants or sub -contractors providing services. Copies of invoices/receipts and canceled
checks or general ledger for proof of payment and a copy of Exercise Plan (EXPLAN), After -
Action Report/Improvement Plan (AAR/IP) and sign in sheets (if using pre populated sign in
sheets they must be certified by the Emergency Management Director or Lead Exercise Planner
verifying attendance). .
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web -based version of the
Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless
otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to
be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and
maintaining all necessary certifications and licenses for the requested equipment.
Allowable equipment includes equipment from the following AEL categories:
55
• Personal Protective Equipment (PPE) (Category 1)
• Information Technology (Category 4)
• Cybersecurity 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 are allowed to be procured in order to carry out the
responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of
equipment not specifically addressed in the AEL, they should contact their Grant Manager for
clarification.
Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially
high cost items and those subject to rapid technical advances. Large equipment purchases must be
identified and explained. For more information regarding property management standards for
equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and
200.316.
Controlled Equipment
Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature
of the equipment and the potential impact on the community, there are additional and specific
requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds
for Controlled Equipment for the complete Controlled Equipment List, information regarding the
Controlled Equipment Request Form, and a description of the specific requirements for acquiring
controlled equipment with DHS/FEMA grant funds. For additional information on controlled equipment
refer to
Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition
(https://www.-qpo.gov/fdsys/pkq/DCPD-201500033/pdf/DCPD-201500033.r)dfl, and the
Recommendations Pursuant to Executive Order 13688
(https://www.whitehouse.gov/sites/default/files/docs/le equipment wq final report final.pdf).
Requirements for Small Unmanned Aircraft System
All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA grant funding must
also include the policies and procedures in place to safeguard individuals' privacy, civil rights, and
civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment,
see Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy,
Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft
Systems(httr)s://www.whitehouse.gov/the-press-office/2015/02/15/presidential-memorand um-
promoting-economic-competitiveness-while-safegua), issued February 20, 2015.
Equipment Acquisition Costs Supporting Documentation: Copies of invoices/receipts and
cancelled checks or general ledger for proof of payment. AEL# for each purchase (if applicable).
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
ER
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.
Management and Administrative Costs Supporting Documentation: Supply copies of certified
timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll
registries).
Indirect Costs
Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the
exception of Sub -Recipients who have never received a negotiated indirect cost rate as described in
2 C.F.R. § 200.414(f), Sub -Recipients must have an approved indirect cost rate agreement with their
cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully
executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time
of application, and must be provided to FEMA before indirect costs are charged to the award.
11. 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.
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.qov/pdf/government/grant/2011/fy11 eoc inv.pdf) to their Regional
EMPG Program Manager for review. Additionally, Sub -Recipients are required to submit a SF -424C
Budget and Budget detail citing the project costs.
When applying for funds to construct communication towers Sub -Recipients 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 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. § 1118, must also be identified to the FEMA EMPG 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
gpdehpinfoa-fema.gov.
EMPG Program Sub -Recipients 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 no less than the prevailing wages for laborers
and mechanics employed on projects of a character similar to the contract work in the civil subdivision
of the state in which the work is to be performed. Additional information regarding compliance with the
Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the
following website:
http://www.dol.gov/compliance/laws/comp-dbra.htm.
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III. Maintenance and Sustainment
The use of FEMA preparedness grants funds for maintenance contracts, warranties, repair or
replacement costs, upgrades, and user fees are allowable under all active 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 Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379
(http://www.fema.gov/grant-programs-directorate-information-bulletins) (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 Goal,
and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment,
training, and critical resources that have previously been purchased with either federal grant funding
or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional
guidance is provided in FEMA Policy FP 205402-125-1, Maintenance Contracts and Warranty
Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media-
library/assets/documents/32474.
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 and projects unrelated to the completion and implementation of the EMPG Program
In general, Sub -Recipients should consult with their Grant Manager prior to making any investment
that does not clearly meet the allowable expense criteria established in this Guidance.
IV. Environmental Planning and Historic Preservation (EHP) Compliance
As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or
historic properties to ensure that all activities and programs funded by the agency, including grants -
funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub -
Recipients proposing projects that have the potential to impact the environment, including but not
limited to construction of communication towers, modification or renovation of existing buildings,
structures and facilities, or new construction including replacement of facilities, must participate in the
FEMA EHP review process. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project along with supporting
documentation so that FEMA may determine whether the proposed project has the potential to impact
environmental resources and/or historic properties. In some cases, FEMA also is required to consult
with other regulatory agencies and the public in order to complete the review process. The EHP
review process must be completed and approved before funds are released to carry out the proposed
project. FEMA will not fund projects that are initiated without the required EHP review.
Additionally, all Sub -Recipients are required to comply with FEMA EHP Policy Guidance. This EHP
Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation
Policy Guidance (http://www.fema.gov/media-library-data/1421336453304-
d48abd61f8b2a35d2bad325ae49ae531/FP1080231 Environmental Planning Historic Preservation
Polic . df , and FP 108.24.4, Environmental Planning and Historical Preservation Policy
(http://www.fema.gov/media-library-data/l 388411752234-
6ddb79121951 a68e9ba036d2569aa488/18Dec13-NoNEPAReview.pdfl
58
EHP Technical Assistance, including the EHP Screening Form, can be found at
(http://www.fema.gov/media-library-data/20130726-1806-25045-
2839/gpd ehp screening form omb 1660 0115 lune 2011.pdf)
59